Legal Question in Real Estate Law in Texas

i am the dependant administrator for an estate in probate in texas. the decedent was my mother and she passed on 8-2008. my question is. i took possession of a mobile home that she had a loan on paying on for appx 14 years. the land under it belongs to me. i did not contuine payment on the loan when she passed. i notified the company , took in a certified death certificate, told them i had or rather was going to take poession, to avoid looting etc.and waited. was not really certain what else to do. now it has been 2.6 yrs and i have been hit with a consumer suit from the finace company.

\well i filed a reply to their suit stating that not only were they in violation of posession and abandondond property laws, but what gave them the right to sue me as in individual. if it had been the estate there would be no problem whatsoever. i have also paid on the loan since my mother passed in 10-09 after threats etc...

no since i filed against it i was served with a motion of summary judgment. is there anything i can do about it? it is not really as much about keeping thehome as it is making them prove they are entitiled to it and that they truly did not swindle a little old lady. the house cas value upon purchase was alittle over 31,000. she had made payments in the amounts of 56160 before her death. she bought the home in 1995. they are saying that she still owes another 25,966.

is there anything i can do as a person, since me not the estate is the one being sued?

thank you

melissa jackson


Asked on 4/13/10, 11:21 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Maybe you signed something where you assumed your mother's debt. Best to have an attorney look at your paperwork. It is much easier to defeat them at this point (and possible request damages) rather than fight a default judgment. Time is not on your side. To specifically answer your question, you need have an attorney file an answer and possibly file your own summary judgment with a request for damages. You will need an attorney.

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Answered on 4/18/10, 5:08 pm


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