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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40127
Experience:  Texas Attorney for 30 years dealing in real estate
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In Texas, I am in a fierce lawsuit concerning a property in

Customer Question

In Texas, I am in a fierce lawsuit concerning a property in Dallas, Texas. I purchased the property at a Foreclosure Sheriff Sale in Dallas County where there were open bids on the property. The Chief Deputy assistance for the Sheriff Department told me not to do any repairs or anything to the property until the 180 days for redemption has expired. We did that the 180-day redemption period expired on 5-4-2015, afterwards we put a new roof on the house and purchased new appliances, painted the exterior, repaired the garage door and many other repairs and purchases, then we deeded it to the homeless veterans association. Now it was a Homeowner’s (H.O.A) Sheriff sale in which I purchased the house
Now 4 months later after waiting out the 180-day redemption period, a new mortgage company came in and did a secret foreclosure on the property not recognizing me at all, but they foreclosed on the Deed of Trust that was obtained in 2005, by the original owner who is same person the Sheriff Sale conducted sale for HOA Foreclosure, they had all sorts of liens on the property mainly labor liens because the property had been “abandon” for the past 6 years and not serviced by the original owner or mortgage company. I am still in possession of the property I am officer of the homeless veteran association. My question that I am seeking assistance with is what do I do to protect my deeds and interest in this property. Will pay for advice on this matter.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA.Ray here to help you today.

If this was a nonjudicial foreclosure you would need to file a suit to set aside the foreclosure and for quiet title.You would claim that you should be awarded clear title and the sale set aside.The Veterans Group if they are title holder would need to bring suit in all of this.

Your lawyer should approach this lender who foreclosed and see if it is resolvable.It is possible that a lender might donate title here by quit claim if it is a charitable entity.It is worth talking about if there is a suit pending.

These suits tend to end up in federal court if the lender is out of state and property located in Texas.

More information here.

http://www.lonestarlandlaw.com/wrongful_foreclosure.html

Expert:  Ray replied 1 year ago.

CONVEYANCE DOCUMENT

County will execute a quitclaim deed which will contain an

acknowledgment that the Property is subject to the prior owner's

right of redemption, if any, and that the Property is being resold

and purchased"as is, with all faults"

and with no express or implied warranties of any kind whatsoever. Quitclaim deed may

further contain certain restrictions. and rights of reversion, if

applicable, as mandated by federal and/or state law.

http://www.dallascounty.org/department/pubworks/documents/ResalePolicy20120905.pdf

So here you are not necessarily protected from a lender here under the redemption period as it covers prior owners.Court would have to decide who has legal title and award this in any quiet title action and suit to set aside foreclosure.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.

Customer: replied 1 year ago.
What I really need to know is their deed of trust superior over my Sheriff deed. Even through the deed of trust was issued in 2005, the prior owner or the original lender was Countrywide Home Mortgage Loans, that haven't serviced the loan since 2010, the prior owner haven't made a payment since 2009. I am the one that got a Sheriff Deed lien in 2014 waited til the 180 days had expired, spent $35,000.00 Grand to bring it up to code. Without my knowledge the new Servicer for Countrywide sneak and foreclosed on the original owner without checking the deed record holder are recognized me as the new lien holder. I filed a quite set-aside law suit obtained a T.R.O. now its time for us to go to Court. Need to know if their deed of trust will be superior to my Sheriff deed that's the question. What case laws can I use outside asking for mercy because I have deeded the property to Homeless Veterans Dissociation 501C that they can write of for charity means.
Expert:  Ray replied 1 year ago.

It is arguably.You have title but it passes with any liens intact--thats exactly why they only give quitclaims.These are strictly as is with liens intact.You may be able to argue that they cannot prove up the note here, challenge the sale but its going to be tough.And almost all of these are removed to federal court if they can do so.It makes it real hard if you are pro se, different rules and politics.

Expert:  Ray replied 1 year ago.

Federal court for Dallas is not debtor friendly here is a sample case challenging.

https://www.gpo.gov/fdsys/pkg/USCOURTS-txnd-3_12-cv-04569/pdf/USCOURTS-txnd-3_12-cv-04569-0.pdf

Expert:  Ray replied 1 year ago.

Self help here

http://www.lonestarlandlaw.com/wrongful_foreclosure.html

I have another customer in this federal district that was able to make them modify the loan and allow him to assume it as well.

Just don't confuse ownership here and liens/notes.

Title --redemption is owners right and time limited.

Liens--you take title here subject to any liens that exist.You are expected to do your own title search for liens on property.You can challenge them here, maybe they don't have the original note or are missing other items along the way.These are fair game, but again expect a motion to remove to federal court if lender is out of state.

Expert:  Ray replied 1 year ago.

Another example of removal case..

https://www.gpo.gov/fdsys/pkg/USCOURTS-txnd-3_15-cv-00340/pdf/USCOURTS-txnd-3_15-cv-00340-0.pdf

I do wish you the best here just know it will be an uphill fight.You would file your suit in state district court and see if they file to remove it and go from there.

If you can positive rate it is always much appreciated.