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
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.
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.