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Warranty deed vs Deed of Trust

State of Texas and I am confused as to what to do. I married a man in 1985 who had purchased a home in 1984 as a single man. Shortly after we married we refinanced the home in both names, then again in 2003. We assumed at both times the refinancing was done, and we paid for title transfer that this had occurred. My husband passed away, and now the wicked step childern have inherited the property through testate. I have widows rights, but also since I am on the deed of trust, I have a hefty house payment, taxes and insurance to pay on a house that is not mine? We were married 23 years, I made payments, just as he did, along with the fact that I have had to put 50,000. in repairs to the home to live there. What can I do to get the title into my name, or do I just walk away?

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dcarp!

Welcome to forums!

You should immediately contact a real estate attorney and check out if you can file an affidavit of heirship and get the property transferred in your name. If you don't want to keep the property, then you can ask the step children to refinance the mortgages in their names and relieve you from the liability of paying off the mortgage.

Feel free to ask if you've further queries.


Like | Dislike | Share | Posted: Thu, 03/31/2011 - 01:51

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