Legal Question in Real Estate Law in Texas

Contract of Deed Home Purchase

About 2 years ago, I purchased a home. We agreed on price, etc. She drewup a contract of Deed and told us that the house would be ours aslong as we made payments. All the payments were sent to her and forwarded it to the Bank. Also, taxes were sent to her. Well, we just received a letter from her telling us to vacate the premises because she was told by the institution that she was in violation of her original contract. She said she wasn't suppose to sell. Well, we obtained bank and account #, and were told by a gentleman there that it was okay to do contract of deed. For her to call them to add you. That they would need for her to call them.

We visited her and explained what was told to us. She was kinda surprised. She said would see what she could do. But I must interject, that a few months after signing the Contract of Deed with her, notorizing it, etc. She was cash strapped. Trying to find ways to get money. I just have this feeling that she is trying to get us out anyway possible to re-mortgage the home, etc. We have put some hard sweat and improvements to the home because we had bought it from her in good-faith.

Please can you tell me what recourse I have and how to go about it. We are on a fixed income.


Asked on 2/12/03, 9:56 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Contract of Deed Home Purchase

It appears that you are buying the house on a contract for deed. This means that upon your completion of payments under the contract, the owner must deliver a deed to the house. The owner is under a contractural obligation also to assure that she has good title when you complete payments. To protect yourself I would make sure your contract is recorded in the county real property records. You will need and original notorized copy to record. If you do not have and original you can do an affidavit that notifies all who look in the rela property records that you have an interest in the property through your contact for deed and attach a copy of the contract to the affidavit. I would suggest you have an attorney assist you in this. Larry Maun 713.266.2560

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Answered on 2/13/03, 10:25 am


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