What Happens In a Texas Foreclosure

Posted on March 29, 2011
Filed Under Foreclosures | Leave a Comment

When a Texas homeowner stops making mortgage defrayals, he can go into foreclosure. reason out foreclosure in Texas means lettered the particular laws which govern real land in the Lone Star state.

There is a general process that a foreclosure goes through:

1. Homeowner misses payments
2. Notice granted? to homeowner that foreclosure is in process
3. Time to cure debt
4. Court or other proceedings
5. Sheriff’s Sale

But how does all of this apply in Texas, which is considered the toughest foreclosure state in the commonwealth

For instance, under Texas law, the loaner has the right to require the homeowner to pay off the intact loan if payments are missed. In most states, the homeowner just has to pay off the past due amount.

By and by the notice is served on the homeowner, he has only twenty days to cure the deficit before the house goes into foreclosure. That’s the short period of time of any of the states in the US.

More common in Texas is the non-traditional foreclosure. If you have a power of sale clause in your deed of trust or mortgage, your lender can begin foreclosure proceedings without filing a lawsuit and obtaining a court order. To begin, your lender need only send you a letter, letting you know that you have 20 days to pay the amount you are in default on your mortgage loan. Once 20 days pass, your lender will send you another letter, letting you know that the full balance is now due. This is often referred to as loan acceleration. The letter will also let you know that an auction date has been set to sell your home.

After the 20 days are up, a notice is given to the court and to the homeowner that the property will be sold. The house tends to be sold at an vendue near the courthouse. 

Foreclosure auctions take place on the first Tuesday of the calendar month on the county courthouse steps. Your home will be sold at a public auction, going to the highest bidder. Your lending company may also bid on your home if it wishes. The highest bidder at the foreclosure auction receives title to the home, even if that does not cover the amount of the mortgage and/or inferior notes.

If the proceeds of the auction are not adequate to cover the amount owed by the homeowner, he is still responsible for making that payment to the lender. This is known as a Deficiency Judgment. If you later on file using a Dallas bankrutpcy attorney, you can erase that debt .

Understanding foreclosures in Texas begins with knowing what the specific statues governing Lone State foreclosures are.

Now that you understand the foreclosure process in Texas, you see there’s no time to lose. If you are looking to stop Dallas foreclosure, you can fill out a short form and get solutions. Don’t be defensive – take the offense.

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