legality of attachment of a property by Bank

Asked by Scott Kraus, Plano, TX Thu Jun 28, 2007

grandmother deeded house to daughter one month later grandmother borrowed money and a lien was placed against the property she no longer owns. She is now dead. 2 questions
1. is Daughter responsible for debt
2. does B of A have right to attach property

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5
Ron Perry, Agent, Allen, TX
Tue Jul 13, 2010
You've recieved expert advice from the earlier respondents---call an attorney but make sure it's a real estate attorney in the state where the property is located. If the property is in Texas I'd highly recommend David Fair or Brian Watts with Hexter-Fair Title in Dallas. Other wise, I'd recommend you get a referral for expert advice from a real estate attorney in the appropriate state.
0 votes
Horlow , , 19440
Thu Jun 28, 2007
Scott, Ask an attorney, Aslo you can check when the lien was filed at the court house or municipal building in some areas: before or after grandma obtained the loan.
0 votes
Bruce Lynn, Agent, Coppell, TX
Thu Jun 28, 2007
This is probably a good attorney question...but I'd wonder how did the grandmother deed the house? Did they go to a title company to do this? Did they file the paperwork at the county courthouse? Likely the estate owes the money, but not the daughter, but if the bank has a lien filed against the home as part of the loan, they likely cked to see who has ownership. If that is the case they likely have a claim on the house.
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0 votes
Linda J Sears, , Lady Lake, FL
Thu Jun 28, 2007
Hi Scott,

Ask a Lawyer is the best answer you could receive. No where does it say that the grandmother took out a mortgage just that she borrowed money. Was this a secured load or was this an error? Was this lien placed on the house just as back up? Has the loan been satisfied? Was it covered by her estate? There are too many quesitons here and the only person who is qualified to answer them is an attorney.

Good Luck
Linda J Sears
Realtor
Coldwell Banker Ellison Realty
(352) 205-0713
0 votes
Pam Guthrie, Agent, Myrtle Beach, SC
Thu Jun 28, 2007
Try "Ask a Lawyer".

It would seem that the Grandmother could not have borrowed money 1 month after she deeded it without the daughter signing the paperwork for the loan.

I would definitely also ask a respectable banker in addition to an attorney in your area.
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