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  1. #1
    Join Date
    Feb 2017
    Location
    Houston, Texas
    Posts
    1

    Default What Happen if Your Ex- Makes a House Payment After Divorce

    My question involves real estate located in the State of: Texas

    My ex-husband was the sole loan holder of our house that was awarded to me in a special warranty deed. I am not listed on the loan. The mortgage is due on the 1st and has 15 grace days. I usually pay the mortgage by the 15th since no late fees incur until after the grace period. My ex-husband sent a demand email to me and I paid the mortgage on the 15th and he also made a payment. He then demanded that I pay him back for his payment. He got a lawyer and filed an advancement with the county clerks office.

    The bank informed me that he could request a reversal of his payment but my ex-husband refuses to. He wants me to pay his legal fees and the mortgage he paid. His lawyer is now telling me he will begin the foreclosure process on me.

    My questions is can they do an advance on the deed of trust to secure assumption if I made my payment per my ex-husband demand email?

    The mortgage is due on the 1st and has 15 grace day. Is it acceptable/ok to pay within the 15 grace days?

    What legal recourse do I have? Can I file anything with the county clerk to show proof of payment etc?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Deed of Trust to Secure Assumption

    I have no access to your divorce judgment, so I don't know what provisions it contains about late payment or what happens if your ex- makes a house payment. But the most sensible thing to do would have been to give your husband the money that you owed him, and simply let his payment be applied as the next month's payment on your mortgage.

    If you want to know what remedies might be available to your ex-husband under the present circumstances, you will have to show your divorce judgment to a lawyer.

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