12/18/2013

Being sued

It seems that the bank holding the mortgage is suing all with an interest in the real property. By Texas law, that includes his widowed spouse, and all surviving children.  Lisa and I joined forces to put on retainer a lawyer she knew. We began to fight back.

Noteworthy so far:
The lawyer is only doing this because she does many other things for Lisa. She has been clear that this is not something that she or anyone she knows in her profession would want to deal with.

As far as we have been told, this is an issue with no precedence. That is to say that the lawyer said she could see no example of a similar case in the law books. That means this fight could go all the way to the supreme court, if we wanted (and were rich enough to fight on). Seems no one has been buried out back on property that they did not own outright.

The mortgage contract paperwork Dad executed had no provisions against burials on the land. We anticipate this will soon become a standard clause in future mortgage legalese.

I'll let you know how it turns out!

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