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Judge refuses to hear cases?

A friend with a disabled child was in court 2 weeks ago for personal property. Texas Land Board issued a clear title/deed to ex-father-in-law after his son defaulted on loan. The loan was paid off before actual time of foreclosure, and loan was in son's name at the time. She was trying to get her fair share of property, but was having to fight both ex and ex father-in-law (he has money, she doesn't). Judge refused to hear all cases that day, made all cases go to back and "settle it". Now she has lost the property valued at $85,000.00 and had to have all personal property removed and out by last Friday at midnight. 2 questions: How can Land Board issue a clear title to property to someone who sold property to son WHILE IT WAS ALREADY IN A COURT BATTLE, and what gives any judge the right to refuse to hear cases? Her son has been disabled since the age of 13 months, and was not expected to live past 5 years old. He is now 16 and completely dependent upon her. The father and mother divorced about 5 years ago. The house was court ordered to her until the disabled child turns 18, which is on the original divorce papers. Which is why she is now having the problems that she is having. FYI, due to the nature of the disability of the child, she cannot work. He relies totally on her for all of his care, he is tube fed, and has been on hospice for about 6 months now. If she were to go to work and make any money at all, SSI would stop and she would have no income at all versus SSI and sporadic child support payments. All of this has made me realize that some people, lawyers, judges, grandparents, and this father care more about money than the safety and well-being of this child.

Public Comments

  1. You may want to contact a lawyer and find out what's necessary to appeal the case. Try contacting a pro-bono lawyer with your questions and see what his/her opinion is on the matter.
  2. You might have a good argument for the landlord board, but judges have absolute discretion to dismiss a case, or to refuse to hear one. Then again, that's why many states elect their judges.
  3. You have given absolutely no facts upon which to base an opinion. If this 'friend' was not married to the child's father, for example, and the home was in his name, then she has no claim on the property whatsoever. If they were married at the time of purchase and the home was put in his name only, then maybe a case of mortgage fraud. Get the point? ADDITIONAL INFO BASED ON ADDED FACTS: The fact that the home was awarded to your 'friend' in a divorce does not preclude the fact that he can sell it. What she needs to do now is to hire an attorney to stay any eviction and then to file a petition to overturn the sale on the grounds of fraud. There STILL is not enough information regarding the situation to give any more advice. It hinges on how exactly the property settlement portion of the divorce decree was worded.
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