Legal Question in Family Law in Texas
Special Warranty Deed
A special warranty deed was conveyed to my sister after the death of our father. I am the Administrator of the estate. There is a home equity loan outstanding on the house. It has been six months and my sister has not gone to discuss the debt with the bank. Will I have repercussions? Can the bank repo the house if her credit is poor and she can't finance the loan?
1 Answer from Attorneys
Re: Special Warranty Deed
Realistically, you should repost your question under Probate/Wills and Estates Law. This is not right forum for your issues.
Who deeded her the property?
In a very general sense, debt follows the property, and in an estate, the debt is paid off prior to the transference of the property.
Assets in an estate do not transfer 'free and clear' unless they are in fact, 'free and clear'.
If you warranted the title, you might have some liablity issues.