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Eric Pimpler
  • Involved In Real Estate
  • Boerne, TX
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Question about Buying a Note and Foreclosure in Texas

Eric Pimpler
  • Involved In Real Estate
  • Boerne, TX
Posted Aug 4 2020, 19:41

I have a couple questions that I'm hoping someone can help me out with.  I'm in the process of finalizing a deal to buy a note from someone who had inherited a house and then sold it to someone else using owner financing. The mortgagee has since fallen into default for not paying taxes, insurance, and a whole host of other city ordinance violations and wound up in prison for multiple DWIs.  The current owner of the note (person who inherited the property) just wants out of the deal and we agreed upon a price for me to pay her for the note.  She lives out of state and doesn't have the money, time, or inclination to keep it, fix it up and resell it to someone else.  As the new note owner I would then assume responsibility for the foreclosure process.  My question is what document do we need to file to transfer the note from the current owner to me?  I assume there is some sort of transfer of ownership document, and this needs to be done in conjunction with my payment to her for the note?  

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Ronald Rohde
Pro Member
#3 Commercial Real Estate Investing Contributor
  • Attorney
  • Dallas, TX
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Ronald Rohde
Pro Member
#3 Commercial Real Estate Investing Contributor
  • Attorney
  • Dallas, TX
Replied Aug 5 2020, 05:02

An Assignment would work, are you paying in full now or just helping her foreclose, then transfer?

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied Aug 5 2020, 07:21

Find a local attorney that you’ll use for the foreclosure, he’ll know exactly what you need there. Here it would be an allonge for the note and an assignment for the mtg/trust deed.

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Replied Aug 6 2020, 13:49

I had a similar issue and kind of got lost in the weeds on the correct process. I did find a good lawyer to help me through it, so definitely find a good RE lawyer. I used https://www.kazilawfirm.com/. The prices were fair too.