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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33801
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I sogned ad joint proforma on the deed of trust house

Customer Question

I sogned ad joint proforma on the deed of trust for a house in Rockwall TX that my wife, who was the borrower, abandoned and did not pay the mortgage or HOA fees. I was "given" the home in the divorce, but I tried to get the bank to put the mortgage in my name (as I was the one making all the money and paying all the mortgage payments all along), but the bank would not. So, I moved. The property as been vacant since 2011 and the bank still has not foreclosed on the property but they have paid the taxes. Now I've been served notices of foreclosure by the HOA with a threat that they are going to damage my credit record. Apparently, the HOA have been sending notices to the house and an address I lived at for about 3 months afterwards. I never got any of that mail. I'm I responsible for these charges? Can they damage my credit?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
In the first sentence of my question I mean to write "I signed as "joined proform"
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Ok, if you are only on the DOT as a proforma signer, then you would just have been signing agreeing to allow the bank to place the lien on the homestead if wife was the sole borrower. That means that she is the only one responsible for paying the DOT and Note for the property.
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But if you are on the deed as an owner, then you are bound by the HOA rules regarding dues and they could come after the house as well as you personally because HOA dues are considered a personal obligation of the homeowner.
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If the lender hasn't ever foreclosed, that means that the house is still in your name and the meter is still running on the HOA dues. The statute of limitations in TX is 4 years on this type of action, so they could only pursue the fees back to a 4 year moving window..
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So to answer your question directly, yes, both you and ex are equally responsible for the HOA fees and they could sue you both personally for the debt, foreclose on the house, or do both..
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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thanks
Barrister
Customer: replied 1 year ago.
When I return home tonight. I will send you the forms I have in which I signed. I ask that you review them to make sure that o have informed you correctly.
Expert:  Barrister replied 1 year ago.
Unfortunately I am not able to act as your attorney and review legal forms for you. I am limited to answering questions and providing information to customers, but can't represent them under my independent contractor agreement with JustAnswer.
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But whether you are on the deed of trust or not is not legally relevant to whether you are liable for the HOA dues. If you are on the deed to the property as an owner, then you are liable.
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thanks
Barrister
Customer: replied 1 year ago.
If I am on the deed as joint performa only then am I liable? I did not sign as a borrower. I was listed specifically as joint performa
and signed at the bottom of the document with no title under my name. She signed with the title "Borrower" under hers. That is the document I wanted you to see.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Review Legal Documents + Live Phone Call + Write Legal Documents. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 1 year ago.
Are you on the deed to the home? If so, then you would be equally liable with wife for the HOA fees. It isn't legally relevant who is on the deed of trust as that is only who has to pay for the loan. That has nothing to do with the HOA fees.
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It is the actual deed that determines who is responsible for paying any HOA fees.
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thanks
Barrister