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This is a Real Estate Law question for the State of Texas. What do I still own.

Dallas, TX |

If you purchased a home with acerage cash and 6 months later you got an Equity loan which they would only value the home and 1 acre the home was on, and now you find yourself in a possible foreclosure. I know in TX that it is possible the loan is satisfied once the bank has possession of the home because it is an equity loan, but do I still own the rest of the land that was not included as the 1 acre the home or loan was used for?

Attorney Answers 2

  1. Yes, if the loan is only on the house and one acre, you will still own the remaining 5 acres. And, yes, the Bank cannot come after you for any remaining balance on the home equity loan unless they can prove that you obtained the loan by fraud.

    I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.

  2. The deed of trust needs to be examined to determine if all of the acreage or just a portion of it is security for the loan.