Legal Question in Civil Litigation in Texas

My mom signed the deed to her house over to me but continued to live their along with me with the agreement that she would pay the taxes and I would pay everything else. When the taxes came she realized that her over 65 exemption was removed. So, I agreed to put the house back into her name so that she could recieve her exemption, since she was the one paying the taxes at that. However, durig the time that the house was in my name, I took out a mortgage on the house to renovate the house since I knew that she wanted me to have the house. Now, my mother has dimension is not living in the house. I believe my oldest brother is now her power of attorney and will now help in any way. I had the exemption removed already. So I my question now how do I get the deed back in my name? Also, I was told that since I had an opened mortgage in my name on the house, I could not legally deed the house back to her anyway. If that is true, how do I have that deed retracted or removed for the county files?


Asked on 11/29/10, 12:43 pm

1 Answer from Attorneys
Dan Kirby Law Office of Dan Kirby

If your brother has a complete Durable Power of Attorney, with all the powers, then he can give you a Quitclaim Deed from your mother back to you. Since you had it financed in your name, you could only give back to your mother whatever interest you had which is not much because the lien holder had most of the interest in the property. A Quitclaim Deed will simply reverse waht you did.

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Answered on 12/05/10, 3:02 am


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