Legal Question in Real Estate Law in Texas

Ex defaulting on mortgage

My husband's ex wife has defaulted on the mortgage and now the mortgage company is trying to come after us for payments. She has a renter in the property with no rental agreement. Husband is wondering if he can collect the rent without notifying ex wife and pay it to the mortgage company. Also, need to find out how to file a ''Notice of Advancement'' in Texas, because we paid a mortgage payment for her to keep the property out of foreclosure proceedings. There was a ''Deed of Trust to Secure Assumption'' and a ''Special Warranty Deed'' signed by both parties.

Please any help will be greatly appreciated.


Asked on 6/15/06, 2:37 am

1 Answer from Attorneys
S. John Mastrangelo S. John Mastrangelo and Associates

Re: Ex defaulting on mortgage

You can not collect rent unlessd yyou still own the property. Evidently the mortgage company never released you from liability on the note, thereffore you can be sued by tyhe mortgage company if a foreclosure occurs, in the event the house i9s sold for less then what is owed. I am not familiar with advancement.

Read more
Answered on 6/16/06, 12:05 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas