Re: forclosure in texas

Posted by Bill H on March 06, 2005 at 00:13:44:

In Reply to: forclosure in texas posted by jodi on March 05, 2005 at 21:13:50:

: In May of last year I was forced to leave my home with my infant daughter because of my abusive husband. The home is located in Houston, Texas. I am now living in Michigan with my family. The house went on the market in August of 2004, but has not sold. It is now in forclosue with the auction date of April 5, 2005. I have many questions.

: First of all, I have never been deliquent on any bill or account in my entire life and have no idea how these things work.

: Secondly, my name is the only name on the mortgage, but both of our names are on the title. That being the reason that I have been responsible for the payments, but can't remove him from the house. When we purchased the house I thought they told us that if for any reason I defaulted on the loan it would go into his name since he was the other person on the title. I was told that Texas was a community property state (or something like that) and that was the process. Now I am thinking that I did not understand that fully because it seems like that is not happening. They are just forclosing without ever transferring the mortgage to his name.

: Also, I am under the understanding that after the house is auctioned off I will be responsible to pay for the remaining debt. How much is that usually? Are we talking $3000, $10,000, $20,000? I have no idea what to expect. Either way, given the current situation I am not working with a lot of extra money. What happens if I can't pay the remainder? Is bankruptcy the only option?

: Any help and information that anyone can provide I would really appreciate it.

In Texas foreclosures are held under Chaptr 51 of the Texas State Statutes. Go to the folowing website ....http://www.capitol.state.tx.us/statutes/pr.toc.htm... look on the left hand side down where it says Property Code, double click that, then go down to Chapter 51 and download that in a format that you can work with. Read this data and it will explain what you can expect.

Good Luck,
Bill H

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Comments:
: : In May of last year I was forced to leave my home with my infant daughter because of my abusive husband.  The home is located in Houston, Texas.  I am now living in Michigan with my family.  The house went on the market in August of 2004, but has not sold.  It is now in forclosue with the auction date of April 5, 2005.  I have many questions.  

: : First of all, I have never been deliquent on any bill or account in my entire life and have no idea how these things work.  

: : Secondly, my name is the only name on the mortgage, but both of our names are on the title.  That being the reason that I have been responsible for the payments, but can't remove him from the house.  When we purchased the house I thought they told us that if for any reason I defaulted on the loan it would go into his name since he was the other person on the title.  I was told that Texas was a community property state (or something like that) and that was the process.  Now I am thinking that I did not understand that fully because it seems like that is not happening.  They are just forclosing without ever transferring the mortgage to his name.  

: : Also, I am under the understanding that after the house is auctioned off I will be responsible to pay for the remaining debt.  How much is that usually?  Are we talking $3000, $10,000, $20,000?  I have no idea what to expect.  Either way, given the current situation I am not working with a lot of extra money.  What happens if I can't pay the remainder?  Is bankruptcy the only option?

: : Any help and information that anyone can provide I would really appreciate it.    

: In Texas foreclosures are held under Chaptr 51 of the Texas State Statutes. Go to the folowing website ....http://www.capitol.state.tx.us/statutes/pr.toc.htm... look on the left hand side down where it says Property Code, double click that, then go down to Chapter 51 and download that in a format that you can work with. Read this data and it will explain what you can expect.

: Good Luck,
: Bill H


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