Legal Question in Real Estate Law in Texas

can't meet mortgage pymts but want to keep home

I am a 39 year old single mother who has an ex-husband that owes me 92,000.00 in back child support. A few years ago I was diagnosed with multiple sclerosis and slowly (between doctor bills and not being able to continue working) landed myself deep in debt. my only assets is my home, but I do not think I can continue to meet the current mortgage payment. Is there any way to force the mortgage company to lower my monthly payments or any laws under which the loan could be discharged?? In Texas , there is a 100,000.00 homestead exemption, my home is worth 75,000.00. What does it mean to have a homestead exemption if the mortgage company can still foreclose???


Asked on 6/17/00, 11:08 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: can't meet mortgage pymts but want to keep home

1. Contact the child-support collection division of the TX Attorney General's office. They have ways of collecting back child support which are not availble to private attorneys. Be persistent and insistent and patient, but proceed at once. It costs you nothing.

2. There are reorganization schemes in the bankruptcy system which in effect lower your monthly obligations by providing a creditor-payment plan that is doable for you. Contact a bankruptcy lawyer in your area. The TX Bar Association will provide you with a list of names.

3. You probably waived [gave up] your homestead right when you purchased the property and have forgotten it. Otherwise they would have to pay you $100K before they could foreclose. Check out your original loan closing papers.

Good luck.

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Answered on 8/17/00, 9:01 pm


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