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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37025
Experience:  Texas Attorney for 30 years dealing in real estate
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In the past I have asked regarding our property in

Customer Question

In the past I have asked for help regarding our property in Texas. Now I am asking another question. Our property consists of 6 acres in a 3000 acre ranch known as Tierra Linda. Several years ago when we needed to refinance our mortgage on the property, we were provided a home equity loan. To do this the mortgage company surveyed out one acre which contained the home. The bylaws of the HOA do not permit subdivision of the properties on the ranch. In 2010 we stopped payment on the lien and also filed for bankruptcy. The lienholder, GMAC, proceeded with foreclosure and obtained an order to that effect. However, GMAC later entered into bankruptcy as well as their parent company.
In a a recent phone call, the attorney for the new lien holder, Green Tree, indicated that the foreclosure was no longer in effect, due to action by legal counsel of the HOA.
So now, we come to my question. Was the original home equity loan actually legal since it subdivided the property? If not, then is there any lien on any part of the property at this time. If not, are we owners of the property, free and clear?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
You would be looking at a suit to quiet title to get rid of any old liens, etc concerning the title.Honestly you would file your suit serve everybody and hopefully no one shows and the court awards you clear title free of liens and then you are done here.
It is never going to be clear here without such a suit since there were liens on the title possibly including the HOA.So such a suit here in Texas is your legal remedy to remove the clouds and seek clear title.It is very possible no one shows up and contests this.
Once you have clear title you are free to sell it if you choose or keep it knowing the title is clear.
Reference.
http://www.weaverlawyers.com/Real-Estate-Law/Suits-to-Quiet-Title.shtml
You can locate a real estate lawyer here to file such a suit.
http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
And it is certainly questionable--the home equity loan if it tried to subdivide and this was against restrictions or HOA rules.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.