Neither a borrower nor a 50% heir be.

Originally published by David Coale.

Garza moved into her mother’s house after her mother died intestate in 2013.  In August 2013, Garza filed an application to determine heirship as to the house.  In October, Wells Fargo foreclosed, having refused to speak to Garza about the note since she was not the borrower.  In December, Garza was awarded a 50% share of the property.  In January 2014, Wells Fargo began eviction proceedings.  The Fifth Circuit agreed that Wells Fargo had not violated section 51.002(d) of the Texas Property Code (passing on the question whether it provides a private right of action), as the statute only requires notice to “a debtor in default.” Garza v. Wells Fargo Bank, No. 15-10426 (Jan. 28, 2016, unpublished).

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