Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

In Texas, I am in a fierce lawsuit concerning a property in…

Customer Question
In Texas, I am in...
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: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
2/20/2016
Real Estate Lawyer: Ray, Lawyer replied 2 years ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,120
Experience: Texas Attorney for 30 years dealing in real estate
Verified

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

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 years 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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 years ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 2 years 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.
Real Estate Lawyer: Ray, Lawyer replied 2 years 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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 years 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

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 years 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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 2 years 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.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,120
47,120 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

47,120 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
What is the law in Cobb county if a HOA has a homeowner who
What is the law in Cobb county if a HOA has a homeowner who has not paid and the fee is now over $2000.00 can we foreclose?\ … read more
KLAW
KLAW
Juris Doctorate
2,113 satisfied customers
In Ohio, a homeowner owes the mortgage banks $144,000. 3
In Ohio, a homeowner owes the mortgage banks $144,000. 3 Judgment Creditors - credit card creditors - have liens attached to the property of $35,000. One non-mortgage creditor “junk debt buyer” of a f… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can my HOA legally deny me a reverse mortgage? I've been in
I've been in contact with a mortage lender who actually contacted the association, and was denied … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,263 satisfied customers
Was South Carolina bill 218, Homeowners association act,
Was South Carolina bill 218, Homeowners association act, ever passed into law? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,889 satisfied customers
Can a corporation be a beneficiary of a Deed of Trust on an
can a corporation be a beneficiary of a Deed of Trust on an Arizona private money loan … read more
Ray
Ray
Lawyer
47,120 satisfied customers
Can an HOA association not have a ARC? If there is no ARC
If there is no ARC how can a homeowner appeal a covenant violation … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,560 satisfied customers
Does an HOA have jurisdiction over a homeowner when they did
Does an HOA have jurisdiction over a homeowner when they did not exist at the time of the sale of the property and thus were not party to that sale. If the existence of an HOA was not disclosed to the… read more
socrateaser
socrateaser
1,031 satisfied customers
DO an HOA have the right to have homeowners paint the
DO an HOA have the right to have homeowners paint the exterior of their home just due to fading of paint … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,855 satisfied customers
I have a homeowners association from. currently they say i
i have a homeowners association from hell. currently they say i have to have green growing things in an area that they say i cannot cut down trees from so it will not grow. jasmine, ivy, and vinca maj… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
458 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
LegalGems
LegalGems
Juris Doctorate
11,968 satisfied customers
My question is in regards to homeowners associations for a
My question is in regards ***** ***** associations for a maintenance provided community. There are by-laws and covenants and then there are rules and regulations. In the community in which I live, the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,855 satisfied customers
Who are "beneficiaries of mortgages or deeds of trust" in
Who are "beneficiaries of mortgages or deeds of trust" in the context of condominium property? Such are required to sign any amendment to the "Enabling Declaration for the Establishment of a Condomini… read more
socrateaser
socrateaser
1,031 satisfied customers
If a new development Homeowners association was established
If a new development Homeowners association was established with restriction prohibiting open RV, or boat storage (no driveways, and street view), can the association following the CC&R amendment prov… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,110 satisfied customers
Need a calif lawyer specializing in homeowners association
need a calif lawyer specializing in homeowners association problems. my association has determined that my condo unit was the result of flooding the adjacent unit. they have charged me $650 for the re… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,855 satisfied customers
Can a HOA make homeowner insurance required for a unit
Can a HOA make homeowner insurance required for a unit owner? Can the HOA make insurance required for tenants who rent a unit in HOA? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x