Legal Question in Real Estate Law in Texas

Name on Deed a Misnomer
At first I planned to file a claim of equitable title to get my house back from my mother�s estate. I purchased it in 1989, but then almost lost it and my mother saved it in 1996. She took out a new mortgage in her name, and it seemed to follow that the deed changed to her name. However, it was always my house. I never received any cash from the transfer to her name, even though the new mortgage was $30,000 less than the amount upon which the new mortgage was based. Meanwhile, I continued to live in, repair, and maintain the house, as I do to this day.

Then, Mother died without a will. Someone suggested that this be pursued by claiming that the change of the deed in 1996 to my mother�s name was a misnomer, that my name should have remained on it. Would that be more or less difficult or likely to result in success than a claim for equitable title?

Asked on 1/21/09, 4:18 pm

Cheryl Rivera Smith The Smith Law Firm

0 users found helpful

0 attorneys agreed

Re: Name on Deed a Misnomer

Is there anyone challenging title to you house? If not, just have other heirs deed their undivided interest to you.

Answered on 1/21/09, 6:22 pm

Keywords

Match Any Match All

Country

State

Area of Law