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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41601
Experience:  Texas Attorney for 30 years dealing in real estate
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I was buying some property contract from a friend of mine he

Customer Question

I was buying some property contract for deed from a friend of mine he has passed away in June and now his ex wife has taken over and she acts like that contract don't exist she filed a eviction lying saying I pay 500 rent to her no I pay 2000 house payment with a contract to prove it we went to court and I missed the court date by a hour and the judge ordered me to vacate within five days what can I do I moved my stuff but I am not gonna let her do this to me
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.

Seller here is in default for not recording.Section 5.076(a) states that "the seller shall record the executory contract, including the attached disclosure statement . . . on or before the 30th day after the date the contract is executed."

So here you should go on and record the contract.This would cloud the title and prevent any sale or eviction.As long as you have complied with terms of the contract for deed--called "executory contract" in Texas these days you have rights here under the contract.

Your next step is to record the contract in the county deed records with the county clerk.Make copy of the contract and keep in your records.Once recorded the contract is returned to you by mail.

You do have rights, recording it protects those rights as public record.His estate is bound to honor the contract.By recording it you cloud title to the property and they cannot resell it without you here.

I appreciate the chance to help you today.Please let me know if you have more follow up.

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

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