Legal Question in Real Estate Law in Texas
foreclosure sale
I owned 133 acres in commerce texas and property next to it in the amount of about 133 acres.
One of the properties was under the CRP, federal progam not to plant. CRP mandated that I hire someone to clear 26 acres--estimating the cost at 3000-3500. I obtained their vendor list--contacted one and he said would cost approx. 3000--but not exceed 5k. Goes on property without notice-cuts sends bill for 9k! Files suit, gets lien and then forecloses on and sold. Gave me no notice of sale--property in trust of my retirement fund--never sued my retirement fund nor notice of foreclosure sale to the trust fund company. Original suit in name of--XYZ IRA--I'm not--name removed--XYZ IRA, nor is my IRA. Can sale be overturned in Texas?
1 Answer from Attorneys
Re: foreclosure sale
I cant even begin to help you until I know where the action was brought, California or Texas, as I am only licensed in California. In California, generally, there are ways to overturn judgments, including default judgments, and for issues related to lack of jurisdiction, which may be the case if you or your trust was not properly named. Feel free to contact me if you want an attorney.
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