HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-22-2008, 07:12 PM
Junior Member
 
Join Date: Oct 2008
Posts: 3

My fathers house


What is the name of your state (only U.S. law)?
Texas

First of all, let me introduce myself. My name is Marty and I live in Michigan. I moved here in 2000 from Texas and have lived here since.

My father lived in Texas. He passed away I believe it was late 2003. I can't remember exactly anymore. I had thought the house he had owned had been paid off. But apparently, it wasn't.

The bank is trying to sue me for the debt he owed on the house. But what I don't understand is why they would sue me? I had nothing to do with it, nothing was left in the will to me, or at least I wasn't told of anything.

What should I do? I'm 23, I have no assets, and definitely couldn't afford an attorney. I don't even care if they take the house. For all I know it's caved in on itself due to lack of maintenance (I'm not saying that's what happen, I've just never seen it in over 5 years).

What advice could you give? Would I have to go to court in Texas?
Reply With Quote
  #2  
Old 10-22-2008, 10:10 PM
Senior Member
 
Join Date: Apr 2002
Location: snowland
Posts: 5,977
Take the time to talk to a attorney using the links above , EVEN if the atty tells you to go to court and ask the lender to show the court where you had signed on the mortgage application & all paperwork as a co borrower then thats what you should do.
Reply With Quote
  #3  
Old 10-22-2008, 11:15 PM
Junior Member
 
Join Date: Oct 2008
Posts: 3
Quote:
Originally Posted by FarmerJ View Post
Take the time to talk to a attorney using the links above , EVEN if the atty tells you to go to court and ask the lender to show the court where you had signed on the mortgage application & all paperwork as a co borrower then thats what you should do.

Okay, the only problem I see with that is I never signed the mortgage....
Reply With Quote
  #4  
Old 10-23-2008, 07:55 AM
Senior Member
 
Join Date: Feb 2007
Posts: 5,487
Are they foreclosing? That's typically what they do. You'll get named in the foreclosure suit if you are now the owner of the property (they're required to do that). The only downside is that you lose the property. You are not responsible for the debt.
Reply With Quote
  #5  
Old 10-23-2008, 08:04 AM
Junior Member
 
Join Date: Oct 2008
Posts: 3
Ok. The debt thing is a relief. As far as the house goes, I don't care what happens to it. They can have it. But still, do I have to show up to that court and tell them I think they can have it (There are about 6 more family members involved, supposed "heirs")?
Reply With Quote
  #6  
Old 10-25-2008, 09:34 PM
Member
 
Join Date: Mar 2008
Location: Texas
Posts: 544
Did your father have a will?

I'm guessing that he didn't, and that the bank is simply including anyone who may have inherited the house, or an interest in it, intestate. They have to do that as part of the foreclosure process.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 11:14 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.