Legal Question in Real Estate Law in Texas

Mortgage

1. I am a first lienholder of a mortgage. Are there any laws which will allow me to forclose on this property if the buyer is continuously devaluing the property.

2. I have already tried the foreclosure route. Twice in fact. However, both times the buyer filed for bankruptcy delaying the procedings. The court eventually dismissed(not sure of legal term)the bankruptcies each time. The buyer would not pay his lawyers therefore there was never an official bankruptcy.

3. This buyer is also indebted to TXU for theft of services and forgery (Forged Maker)of an insurance check.

Any direction would be greatly appreciated.

Sincerely,


Asked on 9/21/02, 11:55 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Mortgage

I would suggest you attempt to foreclose again. If another bankruptcy and the debtor fails to follow through, when you recieve notice of a hearing to dismiss, resond asking the court to dismiss with prejudice to refiling for 180 days. After the dismissal post the property again. Its a ling route but eventually you will get him out. Larry Maun 713.266.2560

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Answered on 9/23/02, 9:35 am


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