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    natpz's Avatar
    natpz Posts: 1, Reputation: 1
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    #1

    Mar 8, 2010, 07:05 AM
    Warranty Deed
    To make a long story short, My Aunt Warranty Deeded her home to me and we make the mortgage payment to her Loan, the Warranty Deed is registered and filed in the County Courts TX, Now she has filed Suit to regain the property with the terms that we Fraudulently obtained her signature?Not to mention we have paid on her mortgage for 3 1/2 yrs and now she wants the house back. Since I have title to the property what are my options? Can she win in district court, because as it stands now she has filed a forceable detainer to remove us from the property to evict us. I am aware that a justice of the peace cannot decide ownership of title and she will appeal this decision in District Court to have the title reversed back in her name. I have plenty of family, friends and others that can testify that she wanted nothing with the property. The house was not livable and we have invested over 10,000.00 in repairs to make the house livable and now that is all nice and all... Can I sell the property since I have title? I do not wualify to assume her Mortgage or finance it, what can I do? Thank You in Advance for your help!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 8, 2010, 05:00 PM
    Quote Originally Posted by natpz View Post
    ...Can I sell the property since I have title? ...
    It wouldn't be a good idea. If your aunt prevails in her lawsuit, the buyers could come back against you, unless you notify them of the lawsuit before you sell the property to them, and have them agree to take title subject to your aunt's claims.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 8, 2010, 06:40 PM

    One issue I see, is that you did not get a new loan and pay off her loan. So she still has the mortgage to the property.

    Did you write up a sales contract stating the terms.

    Did anyone notify the mortgage company of the sale ?

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