Legal Question in Family Law in Texas

forclosure of home after divorce

I am divorced already...i am still on the morgage...she got the house in the divorce....she almost lost the house to forclosure...I was told there was a form i should have signed at my divorce allowing me to take back the house in the case she can not meet the financial obligations. can you tell me what i need to file... i need an anwser asap


Asked on 9/25/00, 3:36 pm

2 Answers from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: forclosure of home after divorce

The document is called a "Deed of Trust to Secure Assumption," and any family law attorney can prepare one for your ex to sign and make her sign it if she refuses.

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Answered on 11/19/00, 12:29 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: forclosure of home after divorce

It may be too late, but write a letter to the mortgage company asking them to notify you if a payment is late or missed. As a borrower you are entitled to this information.

This item could have been addressed in your divorce decree or marital settlement agreement. You may be able to return to court and have it added as an amendment.

Consult a divorce lawyer or Email us for a no-cost online consultation.

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Answered on 10/24/00, 10:13 am


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