Can my home and the property that it is located be taken away from me or have judgments ruled against them or myself?

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Can my home and the property that it is located be taken away from me or have judgments ruled against them or myself?

I bought property with a very old house on it yrs ago, In 2005 my spouse and I bought a new mobil home and moved it to the same property as the house. We moved into the trailor. My spouse passed away in early 2006. I have since moved back into the house, I can not pay the mortgage,without the combination of income. THE LAND OR PROPERTY AND THE HOUSE HAVE BEEN HOMESTEADED FOR MANY YEARS. The mobile home was moved in years after the real estate had been homesteaded.

Asked on June 24, 2009 under Real Estate Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Texas lawyer, but my research suggests that the homestead law will not prevent a mortgage or home equity loan foreclosure from ending with a sale of the property.  There are nine specific exceptions to the protection, almost all dealing with either liens that are directly related to the land, like a mortgage, or taxes.

It's a fairly complicated law, and the facts of your case, including whatever you haven't mentioned here, can be very important.  For advice you can rely on, you need to discuss all of your situation with an attorney in your area.  One place to find a qualified lawyer is our website, http://attorneypages.com


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