Legal Question in Real Estate Law in Texas
Deed of Trust
I received a mortgage loan in my name only in June 2001. My wife did not sign the loan apllication or note. However, she did sign on the Deed of Trust. I have since defaulted on the mortgage. Up until this point, the mortgage company refused to even discuss the loan with her. Now a attorney representing the mortgage company has contacted us regarding this mortgage. One of the letters was addressed to her as well. Is she liable?
4 Answers from Attorneys
Re: Deed of Trust
If she didn't sign the note she is not liable. By signing the Deed of Trust she was merely giving the lender a security interest in the property of whatever interest she owned. Larry Maun 713.266.2560
Re: Deed of Trust
No. Since Texas is a homestead state, your wife was required to sign the Deed of Trust because of her homestead interest in the property. If your lender is located in Texas, it probably is used to the requirement of having the spouse sign the deed of trust to perfect its interest. The attorney probably wants to talk to your wife in hopes of obtaining a commitment for whatever he or she can recover on behalf of the lender.
Re: Deed of Trust
She is not liable on the note; since the property was obtained during the marriage the bank was simply protecting their interest by getting her to sign the Security Deed.
Re: Deed of Trust
Not only is she not liable, but you should contact this attorney and INSIST that he/she not contact your wife any more or you will take action for harrassment.
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