Foreclosures are the procedure by which a lender obtains title to property following borrower default. While foreclosures can be accomplished judicially after obtaining a judgment, the huge majority of foreclosures in Texas are done non-judicially via auction by a trustee. Non judicial foreclosures are regulated by chapter 51 of the Texas Property Code.
If a property owner is facing foreclosure, there is actually no guaranteed way by which an attorney is able to prevent a foreclosure. A lawyer can nevertheless analyze the note, deed of trust, and relevant foreclosure records to assess whether there are any deficiencies. Should the lawyer find a credible foundation to stop a foreclosure, a law suit can be filed with a request for a Restraining Order to stop of the foreclosure.
Most foreclosures continue bankrupt because of the costly process of filing a lawsuit and looking for a Restraining Order to stop the foreclosure. Steps included in a foreclosure procedure typically include:
- Notice of Default
- Notice of Posting For Foreclosure
- Trustee’s Foreclosure Sale
While the above outlines the basic foreclosure procedure, the reality is that notice requirements, IRS liens, bankruptcies, military service of borrower, along with other laws create foreclosure a very technical process. Whether you’re in the job of lender or borrower, The Stallings Law Firm will help assess all your Foreclosure needs.