Attorney needed in S. Texas

5 Replies

I am living in South Texas and had a home that I thought that I had sold.  Turns out the investor put the property into a Trust which I didn't find out till about 1.5 years later.  I asked and was told that they will not take it out of my name for the duration of the loan.  I found an attorney and gave him all the paperwork I had and he told me that they had me sign several forms stating that the property was sold and also to be put into a trust.  He tells me that I have been frauded and we will be taking them to court.  This has been going on for 2 years.  Every time i speak to this attorney it sounds like he doesn't want to go thur the process.  At one point he told the other attorney that they can take the house out of my name and everything would be fine but they still have not responded.  His claim is that we cannot do anything till they respond with a suggestion on a fix.  I guess my question is how can I find an attorney to take my case that will be more aggressive.  After two years we have not made any progress.

Originally posted by @Hipolito Garza :

I am living in South Texas and had a home that I thought that I had sold.  Turns out the investor put the property into a Trust which I didn't find out till about 1.5 years later.  I asked and was told that they will not take it out of my name for the duration of the loan.  I found an attorney and gave him all the paperwork I had and he told me that they had me sign several forms stating that the property was sold and also to be put into a trust.  He tells me that I have been frauded and we will be taking them to court.  This has been going on for 2 years.  Every time i speak to this attorney it sounds like he doesn't want to go thur the process.  At one point he told the other attorney that they can take the house out of my name and everything would be fine but they still have not responded.  His claim is that we cannot do anything till they respond with a suggestion on a fix.  I guess my question is how can I find an attorney to take my case that will be more aggressive.  After two years we have not made any progress.

I'm not an attorney but if it's still in your name isn't it still your house? Did you do an owner finance with it? If so see if there is a balloon note at the five year mark on your contact and have them pay the remainder. You may need advice from one of the Texas lenders on here because I can't quite understand what you have. This will help to boost it to the top though. 

@Hipolito Garza   Of course, I have not read all of the documents but is sounds like you are talking about a "subject to" deal.  You said they transferred the property into the name of the trust.  You also said they left it in your name.  I think what you meant is they transferred the property into a trust but left the mortgage in your name.

That type of transaction may done legally if done correctly.

You might want to change lawyers.  If you are sure it was done illegally I would suggest James Mosser as the lawyer.  He is in North Dallas but he is aggressive.  ROFL  I am laughing about some of the things I have seen him say and do.

@Hipolito Garza

I'm not an attorney, but it does look like this was a so-called "subject-to" deal. If it was, then it is completely legal and fairly common. They just did not explain it to you well.

Whoever bought your house, owns it legally now, assuming the paperwork was executed correctly from the legal point of view. However, instead of getting their own mortgage, they continue to pay the mortgage that you had, and it stays in your name. The documents signed by you should say that THEY, not you, are legally responsible for paying off your mortgage.

There is no need to worry or do anything and go after them, as long as they keep making timely payments for your old mortgage, which they should. Now, if they do not make those payments timely - it will hurt your credit. In this case, you may need to go after them for breach of contract.

Again, I'm not an attorney, so don't take my reply as legal advice. This is just an opinion based on what I have seen.

You should act quickly if 2 years have passed. You don't want to wait on a hoped-for settlement only to find out that you are blocked by a statute of limitations when you finally decide to bring a lawsuit. You also don't want to miss the chance to include parties you might not have thought of, such as any lawyers involved in the original transaction who failed to advise you properly or let you rely on bad information. 

Ask your new lawyer to help you make a list identifying:

  • All potentially adverse parties, including former lawyers, brokers, lenders and title professionals from the original transaction, regardless of which side they represented
  • All potential claims against each of them (e.g., fraud, misrepresentation, malpractice, breach of contract, breach of trust, rescission, quiet title, etc.)
  • The relevant statute of limitations for each claim (e.g., I'm pretty sure the legal malpractice period is 2 years in Texas)

I'm not your lawyer and this is not legal advice. Talk to a lawyer licensed in your jurisdiction soon.

I am pretty upset about the deal so I left out some info.  They have been late on the payments reportable 8 times which has hurt my credit.  I cannot get a house in my name now because of this problem.  I asked the attorney I am working with for copies of all the paperwork I gave him and should get it in two weeks.  I will be taking the paperwork to another attorney that was mentioned above when I get the paperwork.  Initially I filled out paperwork to sell the house then I went back a few months later and re signed paperwork since the agents car was broke into which was different and was the trust forms.  I am at fault for not going thru the paperwork the second time.  Does anyone know Texas attorneys that will take a case?  I'll be looking into the one mentioned above.

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