Legal Question in Real Estate Law in Texas

Can I Save My House?

In 1989 I bought a house. In 1996 I nearly lost it, so the deed and a new mortgage went into my mother's name. I continued paying the mortgage until the last few years when I became disabled, and I continued making repairs and improvements to this day.

Then my mother bought my sister a house, which she destroyed. Mother paid all her bills, with Sis never contributing to the mortgage or any repairs or improvements.

Now Sister's house is worth only the land value, which is about half the remainder on the mortgage, while my house's value is about half equity -- mostly my hard-earned equity.

Mom died without a will. It appears the mortgagor of Sis' property can force the sale of mine to pay the deficiency.

There is a small income coming into the estate from backpay owed my mother. It's enough to keep paying one mortgage, but not both. Meanwhile, Sis has abandoned her house and found someone to pay her bills.

I am disabled and will be homeless if I lose my house. Its monthly mortgage payment is less than any rent in another place would be.

I'm having a hard time accepting the injustice of this situation, and am not done trying to figure out a solution. Any suggestions?


Asked on 10/25/08, 4:49 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Can I Save My House?

Contact legal services in your county. You will probably qualify for free assistance. An attorney may help you prove up your contributions and demand a proper allocation.

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Answered on 10/26/08, 11:47 am


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