Legal Question in Wills and Trusts in Texas

The Mortgage on my home was in my daughter - in - law's name with my son signing pro forma although Texas is a community property state . They divorce , my son gets a Special Warranty deed for the property , then my son passes away . As the Will leaves me the house back , we file a Warranty Deed . Bank of America does not pay the taxes and I receive a letter that it will be sold for taxes so I pay them and I request Boa to give me the credit to the front of the note so I will be ahead a few payments . I missed notes and told them to use that money that is owed . A foreclosure notice is sent to my ex daughter in law , who assumes I know and throws it away . They foreclose . Shouldn't they have notified me as I would have taken care of it asap . I am on record with the warranty deed and as executor at the courthouse . Shouldn't they have traced down the deed and notified me.


Asked on 2/25/13, 7:31 am

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

probably should have notified u but if the home has any value, u should hire a lawyer and quit doing it yourself..as a lawyer would have notified lender/etc...and it could be the forecloosure is not valid..so hire a lawyer..money well spent

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Answered on 2/25/13, 8:02 am
David Leon David L. Leon, P.C.

You have a rather large mess on your hands. Here's what you need to do:

1. Prepare a calendar of events

2. Document each conversation, correspondence, etc. with BOA

3. Find out the exact date you were issued Letters Testamentary

4. Find out the date you notified BOA of the issuance of Letters

5. Notify BOA that you intend to file a motion to set aside the foreclosure

If BOA had notice of the issuance of letters, then they would have to notify the executor of the acceleration. I am assuming that your son was on the note as well as the title.

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Answered on 2/25/13, 8:04 am


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