You have several issues that need to be sorted out by someone who understands the nuances. Appraised value, for example - is that the Tax Appraisal value? If so, it is usually wrong. Your best protection is to hire a competent Appraiser to give you its current Market Value. You will also avoid later claims that fair value wasn't paid. A price opinion from a part-time agent isn't going to help you.
Some mortgages are assumable, WITH QUALIFYING. If your mother can't qualify, you may have a problem.
The Title issues will require some strong legal eyes, as will the contract itself. When ex-spouses are involved, your transaction will need to be bullet proof. Hire a Board-certified Real Estate Attorney to write the contract and sort through the Title issues. Most of them also have Title Companies they work with.
I don't know what contract you have with your REALTORÂ®, but waiting for it to expire to save a few bucks may wind up costing you money. Your REALTOR is on your side. If you can't have an open and honest dialogue with them about your situation, you may need to reevaluate that relationship.
Doc Stephens, REALTORÂ®
Keller Williams Realty
Just a thought and I am not an attorney or am I advising you that this will all workout but it doesnt hurt to ask. It is always a good idea to check with a attorney in matters such as these.
You have several solutions available, it just depends on the answers to the questions above. I would first suggest a Real Estate Atty. If that is not a solution for you, then go to a title company and have them provide and execute the documentation for you if your mother is paying cash. If your loan is assumable (call your lender) then you will need to work with the lender and title company to complete the transaction. If your mother is getting financing, then her lender will advise you on what needs to be done and how to go about it.
If you ex-wife is not a willing participant you will need to go to court before any of this can be done.
Normal Texas Real Estate Commission promulgated forms will work fine with no need for an attorney unless you'd like one.
We can assist with a loan for your mother, obtain the required paperwork for your current marital status and prepare all of the title work.
This answer is in response to your inquiry, and not a new solicitation. TREC doesn't allow Realtors to pursue a client currently under contract with another agent.
If you end your listing and need assistance, let me know.
Cell: (210) 422-3478