Legal Question in Real Estate Law in Texas

Re: mortgage fraud

A very difficult situation. The first thing to do is to file criminal charges against the person who did the tricking and taking. I assume you have already given the mortgage company notice that this has happened. They may require some affidavits to establish what has happened. If at all possible, keep the loan current until things get sorted out.

It will be important to try to establish your father's state of mind and level of dementia at the time of signing the documents. You will need to talk to his doctor.

Your father needs a lawyer immediately. If the mortgage company begins foreclosure proceedings, he may need to file for bankruptcy to slow them down. However, since it's a home equity loan, I don't think bankruptcy will necessarily stop them from taking the house.

The lawyer should be knowledgeable about home equity loans, reverse mortgages, guardianship, fraud, criminal law and bankruptcy. Good luck, and don't delay.