Legal Question in Real Estate Law in Texas
My dad died on 02/01/2009. He left no will and testament. I lived in the house with him and my 5 siblings are not contesting that I can live here. The bank wants to foreclose on the house because they know that my dad has died. I have been making the payments in my dad's name.
2 Answers from Attorneys
You need to transfer title into your name and clear this up with the bank. If there's no debts, and the family agrees, this can be done fairly easily.
On the foreclosure, I don't think I have the whole story here.
How far along in the foreclosure process are they?
Time isn't on your side. Call me immediately.
The law provides that the heirs can continue to make the payments. There may be other delinquencies, such as taxes, insurance, upkeep, that violate the terms of the deed of trust. You should contact an attorney to discuss the situation.