Legal Question in Real Estate Law in Texas

Can a mortgage company foreclose on my property when the deed is in my name but the note is in my ex-husband's name?


Asked on 9/20/11, 4:49 pm

1 Answer from Attorneys

The answer depends on how the initial mortgage was structured. If the deed of trust and note were in your husband's name, and then he transferred the house to you, then you received the property subject to the mortgage. So the answer would be yes, they can foreclose.

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Answered on 9/20/11, 5:23 pm


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