Legal Question in Bankruptcy in Texas

Real Estate

My mother sold her land to a now deceased lady, owner finanace, the husband and children of the deceased (his name is not on the mortgage) is now living there and for some time paid the mortgage payments. He is now in bankruptcy and has not paid the mortgage for over four months. He did not probate his wifes will. According to the mortgage agreement, we can foreclose after three late payments. He has paid around half of the mortgage. What can be done to get him off the property? Do we have to force him to probate. He is in chapter seven at this time.


Asked on 5/28/09, 12:32 pm

1 Answer from Attorneys
Rustin Polk 214bankruptcy.com

Re: Real Estate

The first set of papers to file is the "Motion for Relief from the Automatic Stay" in the bankruptcy court. The purpose is to get permission to proceed towards foreclosure.

The second set is the foreclosure paperwork in the local county court. A normal Deed of Trust can be done nonjudicially, but you're going to need to do it through the court since 1) it's not a Deed of Trust; and 2) you have heirship issues that you have to resolve.

Rustin Polk, www.214bankruptcy.com

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Answered on 5/28/09, 1:07 pm


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