Contract issue/fraud

UPDATED: Oct 1, 2022

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Contract issue/fraud

I seller sold a house to a woman buyer that lied about her marital status. She clamed to be divorced, but was in fact still married. After 7 years of late pays and missed payments I went through an real estate attorney the original contract author and closing office to foreclose. All was done up to the courthouse auction in a few days. Buyer had a sale contract on the house at the same time she owes me 55K and the title company found out she was married. Her estranged husband is bumming around Germany with no address or intention of helping the buyer. Now I’m told I can’t foreclose and/or she can’t sell without the husbands blessing. I am told nothing can be done, I have no rights, and I am losing my 55K and/or the house. I am told when she fails to pay the taxes after walking away, the county will get the house. How could this be possible? I don’t know who, but I’m gonna sue somebody.

Asked on November 6, 2017 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You still have rights...but you simply need to file suit to foreclose against both Husband and Wife.  In your same suit, include a fraud action by Wife.  If Husband is goofing around in Germany, you can still obtain alternative service (namely by posting), so that the foreclosure can properly go forward.

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