Legal Question in Real Estate Law in Texas

I bought my house, owner financed, in 2005. We had papers drawn up by a lawyer and in them stated that I pay the Lender my taxes every month and he puts them in an escrow account and pays them when due. I found out through our local paper that my address was deliquent in taxes. I called my county tax office and they said none of the taxes have been paid since 2005. When I asked the Lender about this and said he needed to go catch the taxes up, he said that he didnt have the money, he then said since he didnt have a lien on this house that I could just pay the tax office my house payment until they are caught up and then after they are caught up I could resume paying him the house payment. I am so upset and dont know what to do. Can I sue him and make him pay the back taxes or sue him for every penny I have paid for this house, or what should I do I have no idea?


Asked on 9/24/10, 3:34 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Yes, you can sue him for breach of contract, and possibly deceptive trade practices. Send him a demand letter first.

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Answered on 9/29/10, 3:49 pm


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