Keep Your House

If a person has failed to make the necessary payments on their property the lien holder,   or creditor, may pursue foreclosure of the property. Foreclosure is a legal process that results from a creditor taking legal action against a debtor who was defaulted on their property payments.  Through the process of foreclosure, the lien holder seeks to foreclose the rights to the equity and title of the property from the debtor.

Foreclosure Process

The foreclosure process is made up of two types, judicial and non-judicial. In a judicial foreclosure, a lawsuit is filed to claim possession of the property. This type involves the sale of the property under the supervision of a court, which can several months to complete. The proceeds from the sale will be divided among the mortgage company and other lien holders. In a non-judicial foreclosure, no lawsuit is filed and the sale of the property is not supervised by the courts. Non-judicial foreclosures typically proceed much faster than judicial. Although the legal process varies between states, a judicial foreclosure is available in every state. However, if a power of sale clause is included in the mortgage or if a deed of trust clause was used, instead of an actual mortgage, a non-judicial foreclosure is allowed.

It is important you know that Texas is a non-judicial foreclosure state, which means that losing your home to foreclosure can happen much faster than in other states. The process can be completed in 30 days if the lender meets the foreclosure filing requirements.  There are a few options to stop foreclosures on your property include interest rate reduction, loan modifications, and forbearance agreements. By lowering your interest rate and making loan modifications you may be able to lower your monthly payments; however, this will not resolve and defaulted payments that are still owed. A forbearance agreement will allow you to add on any payment amounts that are delinquent in addition to your monthly payments. This option is typically not financially viable for someone who is facing foreclosure as the required monthly payment would be even higher than before.

Bankruptcy May be the Answer

Bankruptcy can help protect your property and prevent you from losing your home to foreclosure.  A bankruptcy filing will stop collection efforts and require creditors to remove the listing of the property to be sold.  If the debtor is eligible to file for Chapter 13 Bankruptcy plan, adjustment in payment terms can be requested of the creditor. When a repayment plan is agreed upon, the debtor then has a specified amount of time (typically 3-5 years) to repay the delinquent amount  on their property. If the debtor successfully repays the defaulted amount they will be able to keep their property. Contact one of our qualified attorneys to begin the process to stop foreclosure proceedings.