Legal Question in Real Estate Law in Texas

texas home equity loan

The homeowner got a Texas home equity loan. She died. The bank put a freezeon her checking account to pay for the loan. When the daughter questioned that action, the bank said that 'death' was a valid default and that the loan was now due and payable. The bank will not let the daughter continue to make monthly payments until she can refinance or sell the property. Can a bank use 'death' as a valid default for foreclosure?


Asked on 9/26/08, 5:09 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: texas home equity loan

The default would be the non-payment of the loan. The loan was probably delinquent which resulted in the freeze. I am sure it wasn't explained to the daughter very well - if she has further questions, she should talk to the legal department of the bank.

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Answered on 9/26/08, 5:27 pm


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