Real Estate Foreclosure

Real Estate Foreclosure Representation

Over 45+ Years of Legal Experience

If you need a Fort Worth consumer collections lawyer to help you foreclose a real estate property, call The Pritchard Law Firm. We handle all the paperwork and legal matters for clients to make the experience less overwhelming. Many creditors and lenders prefer to have attorneys take care of their real estate foreclosures because the process is often complex and time consuming.

Real estate foreclosure typically requires:

  • Preparing and sending a Notice of Default, Right to Cure, and Notice of Intent to Accelerate
  • Order searches of titles, bankruptcy, federal tax liens, and judicial records
  • Prepare, obtain signatures, and file an Appointment of Substitute Trustee
  • Posting and filing a Notice of Non-Judicial Foreclosure Sale
  • Providing creditors with results of foreclosure sales
  • Preparing all documents from the sale
  • Recording all documents in the appropriate county's real property records
  • Assisting with post-foreclosure title issues

If you need foreclosure defense for your home, we are ready to assist. We understand the foreclosure process from both ends of the spectrum, and can even guide clients from collection matters to the bankruptcy courthouse. Whatever your needs are, our goal is to provide attentive and individualized legal services from start to finish.

Texas Foreclosure Laws

In Texas, unlike many other states, liens against real property may be foreclosed non-judicially without suing for a judgment ordering foreclosure. This lowers servicing costs, ultimately making loans more readily available than they would be if foreclosure procedure were more time-consuming and expensive. The exception to non-judicial foreclosure is home equity or property tax loans.

If the property is the borrower's homestead, a 30-day notice must be given to the borrower, allowing the borrower time to cure the default.

Default

Prior to foreclosing on a real estate lien, the debt must have matured, usually through acceleration of the loan after a default in payment or failure to pay property taxes. If it is not accelerated properly, the foreclosure sale may be voided.

Once a default occurs, the lender must provide the consumer with 30 days to remedy the default, as required under the Fair Debt Collection Practices Act. In Texas, the law mandates that a consumer be provided with a 20-day written notice as well.

Notice of Acceleration

After a notice of default has been provided and the time allotted for the borrower to cure the default has expired, the debt can be accelerated. This notice of acceleration must be provided in writing to the borrower.

Notice of Sale

After the notice of acceleration is sent, a notice of the foreclosure sale must be given to the borrower and guarantors of the debt, and posted and filed in the county courthouse where the property is located. This notice will include the time and place of the sale, and must be conducted during 10am - 40 pm. Failure to provide this notice may void the foreclosure sale. The sale must be conducted by the trustee or an appointed substitute trustee in order to be valid.

In a majority of foreclosure sales in Texas, the mortgagee will typically purchase the property as credit against the secured debt.

Free Consult with a Fort Worth Collections Attorney

Get started by calling us to request a free case evaluation. During this meeting, we can discuss your goals and what you hope to achieve in this case. We are known for our straightforward approach and for giving our clients honest, realistic expectations. Our firm charges clients based on flat rates, so you know exactly how to prepare your budget for legal expenses. Clients receive nothing but first-class client care and high-quality counsel at The Pritchard Law Firm.

Contact us at (817) 727-4001 to schedule your free initial consultation.

The Right Law Firm to Fight for You

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