My in-laws have not made a house payment in 2 years because they are suing the mortgage company. Can they rent out their home in the state of Texas?

Asked by Buffy, 92028 Thu Dec 8, 2011

They are suing due to what they claim is an incorrect interest assessment due to a robo-signing. They also say that the lawsuit has halted the foreclosure process. My father-in-law says that he can rent the house out if he discloses the current status of the property. I find this difficult to believe. Is he correct?

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Jack Dudenho…, Agent, Bonsall, CA
Thu Dec 8, 2011
Ask a real estate attorney in Texas, as laws may vary on this subject. In California, one could rent the property out with certain disclosures to the prospective tenants. The lender may have the power to collect rents if alowed for in the deed of trust; howwever they rarely enforce this on residential properties. States vary on the type of security instrument utilized. Best to check this out in be sure.

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Lance King, Agent, San Francisco, CA
Thu Dec 8, 2011
Should probably post this in texas.
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