Attorney needed in S. Texas

[Hipolito Garza]

I am living in South Texas and had a home that I thought that I had sold.  Turns out the investor put the property into a Trust which I didn't find out till about 1.5 years later.  I asked and was told that they will not take it out of my name for the duration of the loan.  I found an attorney and gave him all the paperwork I had and he told me that they had me sign several forms stating that the property was sold and also to be put into a trust.  He tells me that I have been frauded and we will be taking them to court.  This has been going on for 2 years.  Every time i speak to this attorney it sounds like he doesn't want to go thur the process.  At one point he told the other attorney that they can take the house out of my name and everything would be fine but they still have not responded.  His claim is that we cannot do anything till they respond with a suggestion on a fix.  I guess my question is how can I find an attorney to take my case that will be more aggressive.  After two years we have not made any progress.

[Michael Plaks]

@Hipolito Garza

I'm not an attorney, but it does look like this was a so-called "subject-to" deal. If it was, then it is completely legal and fairly common. They just did not explain it to you well.

Whoever bought your house, owns it legally now, assuming the paperwork was executed correctly from the legal point of view. However, instead of getting their own mortgage, they continue to pay the mortgage that you had, and it stays in your name. The documents signed by you should say that THEY, not you, are legally responsible for paying off your mortgage.

There is no need to worry or do anything and go after them, as long as they keep making timely payments for your old mortgage, which they should. Now, if they do not make those payments timely - it will hurt your credit. In this case, you may need to go after them for breach of contract.

Again, I'm not an attorney, so don't take my reply as legal advice. This is just an opinion based on what I have seen.