Legal Question in Real Estate Law in Texas

transfer of ownership after death

What are the rights/risks to the lender in the following situation: Lender sold house to borrower and financed the note. Borrower died and was survived by two grown children. One child moved into the house and has been making the monthly payments. No deed has been filed showing transfer of title to the current resident/child. 2001 taxes are delinquent.


Asked on 3/18/02, 2:02 pm

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

Re: transfer of ownership after death

Decedant's estate is liable to lender on note. I assume lender has a security interest in the house via a Deed of Trust. Failure to pay real estate taxes is most likely a default under the Deed of Trust and the lender could foreclose. If decedant left no will both children probably have an equal interest in the house. It would be a good idea it they got title straightened out now, instead of years from now after one has made many payments. They are methods to transfer title even if no will was left. Larry Maun 713.266.2560

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Answered on 3/18/02, 2:57 pm


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