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Is foreclosure legally possible in Texas when

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by SomeoneinAustin, Jul 13, 2022.

  1. SomeoneinAustin

    SomeoneinAustin Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I read that in the sate of California, a Deed of Trust is void, without a recorded assignment of the Deed of Trust for each transfer of the Note. Is the bank required to record an assignment of the Deed of Trust for each transfer of the note in Texas? My bank was shut down due to fraudulent loan activity and my note was moved to another bank (along with ALL the same people) but I don't see that the transfer was ever recorded.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Deeds in Texas don't have to be recorded to be valid. My guess is that it extends to assignments of deeds of trust.

    Read the following article:

    Deeds in Texas - LoneStarLandLaw.com
     
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  3. flyingron

    flyingron Well-Known Member

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    You misunderstand the California law. The decision doesn't say the DOT because void if the assignment isn't recorded, it just says that the borrower has the right to challenge the validity of that transfer at foreclosure time. The issue was whether the borrower had standing to sue (even though they weren't involved in the assignment), not that unrecorded assignments are void.

    It doesn't apply at all to Texas (nor is there anything similar that I am aware of in Texas) and even if you were in California, it doesn't mean you get a free pass on foreclosure.
     

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