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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6851
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I purchased a home in Denton county Texas a few years ago (I

Customer Question

I purchased a home in Denton county Texas a few years ago (I was the only name on the mortgage and deed) and about a year later I had to move for a job and couldn't find a buyer or renter for my home. I ended up entering into a contract with an a company (an llc) that agreed to take over payments and would find a renter to buy the home in a rent to own situation. Long story short, that was 2 years ago and my contact at the company had totally disappeared. I now only have contact with the renter in the house. The problem is that I had initially signed over the deed to a trust that is in the llc's name and now I would like to get the deed back in my name. My name is ***** ***** only one on the mortgage and the loan is an FHA loan if that matter. I know I may have to sue this guy to get rights to the deed again but I wasn't sure if I could sue in civil court or what my options were.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 6 months ago.

Good morning. I'm truly sorry to hear that you are in this predicament. It is very important to know whether or not the deed that you signed to the trust was ever recorded. You can probably find that out by calling the County assessor or Treas.'s office to see whose name they show the property to be in now. As soon as you tell me that, I can list your options for you.

Customer: replied 6 months ago.
Hello, it was recorded and the trust account is showing as the owner. I've looked it up online already.
Expert:  Irwin Law replied 6 months ago.

Okay thanks. You have a few options: First, if you really want the property back, try to find the person who you dealt with, who I presume is the trustee, and have them deed the property back to you. That's pretty obvious. Second option, Sue the trust to vacate the deed on a breach of contract theory. You would most likely succeed, because the fellow who got you into it was engaged in a "foreclosure rescue" operation, which are highly suspect in the eyes of the law.. Third option: do nothing and let the property back to FHA. FHA typically does not pursue deficiency judgments against original borrowers. It is entirely possible that a foreclosure suit would not even name you as a defendant, since title is not in your name any longer. You didn't say whether or not anyone has continued to pay the mortgage, or how long it has been in default. It's possible that a foreclosure is already underway, and if you were not named you would not know about it. Whichever way you go, I hope it works out positively for you.

Please enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

Customer: replied 6 months ago.
Thanks for the info. The property isn't in foreclosure at the moment because there is a renter but it has come close before and it might again. It is mortgaged through chase, wouldn't they be able to come after me if it foreclosed?Also, what type of court would i sue the trust in? Would it just be a civil court with the county where the property is located?
Expert:  Irwin Law replied 6 months ago.

Chase is only the servicer of the account. It is not in control over who is named or not. That is controlled by HUD regulations and servicing guidelines. It sounds like someone is collecting the rent and keeping the mortgage out of foreclosure, and that's what you want to happen. In that case, you might locate the LLC through the tenant.

Would it just be a civil court with the county where the property is located?

Yes. A civil lawsuit would be filed in your County Circuit or Superior Court which has jurisdiction over title to property issues.

Expert:  Irwin Law replied 6 months ago.

Hello again. Do you have a follow-up question? If not, I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5. There is no additional cost to you. Thanks again for using JUST ANSWER.

Customer: replied 6 months ago.
Actually one additional follow up, would you be able to provide me direction on how to file a civil lawsuit in Denton county tx
Expert:  Irwin Law replied 6 months ago.

Sure. This step by step information is pretty complete. http://www.collincountytx.gov/law_library/documents/tx_civil_litigation_steps.pdf

Customer: replied 6 months ago.
Can I sue in the county I currently live? Or do I have to sue in the county that the property is located in?
Expert:  Irwin Law replied 6 months ago.

iF YOU PLAN to Quiet Title to the land, the suit must be in the County where it is located. ENJOY THE DAY.

Expert:  Irwin Law replied 6 months ago.

Hello again. Do you have a follow-up question? I am not an employee of Just Answer and I receive credit for assisting you based on your rating. Please enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

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