League sues Bail Bondsman for taking homes

Robert Doggett, Texas RioGrande Legal Aid — Wed, 16 Nov 2011 17:47:08 +0000

The League joined a recent Bastrop fire victim in a suit against a bail bondsman for illegally taking her homestead as collateral for a bail bond. In Texas, homesteads are protected from all liens with few exceptions. The exceptions include defaulting on the loan used to purchase the property (or a refinance of the original debt), failing to pay property taxes and HOA dues (which are just another form of property tax), and defaulting on a home improvement loan or loan with special terms known as a home equity loan. There are some other exceptions, but in general you cannot lose your home in Texas for other types of debt. Check out Article XVI, Section 50(a)(1-8) for the complete list of eight exceptions here. A bail bond is not on the list.

The individual plaintiff was living on the property but after the fire she could not move the replacement mobile home on the land because the bail bondsman filed a deed purporting to give the bondsman the property. We are hopeful to get title back for the fire victim soon and plan to investigate further because we suspect the bondsman may have done this to other homeowners. To see the original petition, go here.

THJL sues AHMSI for violating federal tenant law

staff — Fri, 11 Nov 2011 13:51:04 +0000

Loan servicers and their henchmen (attorneys and real estate brokers) continue to ignore the requirements of the Protecting Tenants at Foreclosure Act. Many take the position that tenants’ leases do not have to be honored, and instead only provide a 90 day notice to vacate. Some decide to advise tenants of their “rights” expressly. On October 28, 2011, American Home Mortgage Servicing, Inc. (AHMSI) was sued for issuing a letter to a tenant that said as much, and refusing to change its letter in the future despite numerous requests. Without any basis in the law, AHMSI’s representatives also demand extensive documentation within a short time frame in order to get the 90 days. AHMSI even said for the tenant to not be concerned with an eviction. It appears that loan servicers hope to take advantage of tenants as much as possible and hope the law is not extended past December 2014. To see a copy of the complaint filed in court by THJL and other litigation brought by THJL, go to THJL Lawsuits here.

Texas Housing Justice League

League sues Bail Bondsman for taking homes

THJL sues AHMSI for violating federal tenant law