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Texas laws on Forclosure

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nixrae

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Post Posted: Mon May 10, 2010 8:31 am    Post subject: Texas laws on Forclosure
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My father lost his wife the last part of December 2009, and she was the one making the house payments. Once my father found out that she didn't pay November's and new that December's hasn't been paid he paid both of those payment the 2nd week of January and then paid January's payment at the end of that month.

Feb payment was paid on the 15th so then he thought he was current and paid March's payment on the 1st. My step mother was the only person on the loan, and my father then was put on the deed of trust. Then around the late part of March he received a certified letter in the mail stating they had started the foreclosure process, and all of the payments he made were applied to legal fee is the legal?

They also sent a check in my step mother's name full well knowing that she has passed away for escrow my father returned the check asking to reissue this in his name they took that check and applied that toward legal fees. Now the loan holder then sold the loan to Wells Fargo, and my father didn't know this.

Friday May 7th Wells Fargo did an ACH debit from my fathers checking account for $1200.00. I need to know what types of action can my father take about all of the payments he has paid, and them not applying them toward the loan. Not once has this mortgage company contacted my father to let him know anything. If someone could guide me in this I would be great full. Please reply ASAP

Sincerely,
Gena Nixon
Garland, Texas

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Post Posted: Fri Jun 18, 2010 4:00 am    Post subject:
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Gena Nixon

Your father has paid the money (may be some discontinuities are there) so the mortgage company does not have any right to directly go for foreclosure.

One more consideration,since your mother passed away and she was the only person on mortgage then some insurance for the home loan should be there.(most of the lenders do take care of this issue) if insurance is there then you need not worry about legal proceedings of foreclosure as the balance amount of loan is paid to the lender by an insurance company.

So according to me you first look into this insurance subject matter and then further issue can be discussed.
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