Thank you for your question. I look forward to working with you to provide you the information you are seeking.
Eminent domain, I am afraid, does not have anything to do with your situation. Under Texas law, “eminent domain” refers to a governmental entity’s legal authority to force a private landowner to sell his or her real property
for public use. When the government exercises its eminent domain authority and takes a landowner’s private property, the governmental entity must pay the landowner just compensation. See: City of Austin v. Nalle, 120 S.W. 996 (Tex. 1909).
This is a matter between you and the relative selling you the house. The mortgage company cannot talk with you unless the relative gives you a written power of attorney specifying you have their authority to deal with the property and the mortgage.
As far as the HOA, the HOA retains a lien in Texas for any back due fees, so you are going to have to get some written agreement with them to resolve the dues that are owed.
If you have put money into the house, you can file your own lien on the house for the money due you that you paid into the house that does not belong to you. If the HOA has filed a lien already on the house, your lien would be third in line to their lien and the mortgage I am afraid under Texas law.
You do not have any rights at this point to claim ownership over the house. Your dispute is a breach of contract with your relative over ownership and the amount of money you put into his house and to stop the HOA from foreclosing on their lien you will have to settle with them.
If you have receipts for payment to the HOA, you need to clarify whether those went to current dues or past due amounts owed, but either way you still have to negotiate that lien with them.
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