Real Estate Law
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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.
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.
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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.
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Sure. This step by step information is pretty complete. http://www.collincountytx.gov/law_library/documents/tx_civil_litigation_steps.pdf
iF YOU PLAN to Quiet Title to the land, the suit must be in the County where it is located. ENJOY THE DAY.
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