Legal Question in Real Estate Law in Texas

Default of contract for deed by seller

I had a contract for deed, my payments were sent to the seller every month and the seller did not make the payments to the mortgage company, they foreclosed, is ther anything that I can do to get my money back?


Asked on 5/28/03, 9:30 pm

3 Answers from Attorneys

Basil Hoyl Law office of Basil Hoyl

Re: Default of contract for deed by seller

There are types of frauds by confidence artists (con men) which surface every twenty years (a generation) or so. Perhaps this is just the regular generational surfacing of this particular con and perhaps it is something else. However, this type of a fraud was at one point so prevalent that I have seen a federal statute (federal law) specifically prohibiting a party selling a house, taking payments and never paying the mortgage. You should contact your local state district attorney and if you can interest the (federal) United States Attorney (you might not be the only victim of this seller) then one of them might prosecute this matter. They might say it is a civil matter, but if you point out a federal criminal law directly relating to this scheme, perhaps you will have more luck.

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Answered on 5/30/03, 9:51 am
Michael Dover Michael A. Dover, PC

Re: Default of contract for deed by seller

You can sue the Seller, although it will probably be difficult to collect. You probably do not have any remedies against the underlying lender.

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Answered on 5/29/03, 9:51 am
Cheryl Rivera Smith The Smith Law Firm

Re: Default of contract for deed by seller

I would need to look at the document and know more about the foreclosure to see if you have any remedies. If you do not have an attorney, you can contact me for a free initial consultation.

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Answered on 5/28/03, 9:44 pm


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