3 things you need to know about foreclosure in Texas
For homeowners, foreclosure is a challenging and uncomfortable situation. Understanding what to expect and how to protect your rights is crucial because the Texas foreclosure process can be complicated and confusing. In this article, we will discuss three aspects of Texas foreclosures that you should be aware of.
Does the foreclosure process in Texas significantly differ from other states?
Different states have different foreclosure laws and processes. In Texas, the foreclosure process is unique and differs significantly from other states. For example, Texas law allows for both judicial and nonjudicial foreclosure processes. Additionally, Texas has a relatively short foreclosure timeline, typically lasting between 60-90 days.
The foreclosure process in Texas
Foreclosure in Texas can be initiated in two ways, either judicial or nonjudicial.
Your Mortgage May Have a Grace Period
Lenders are required to notify borrowers of the likelihood of foreclosure before starting the foreclosure process. A grace period of 20 days from the date of the notice is required by Texas law. The borrower may make payments and catch up on their mortgage obligations during this period.
Judicial foreclosure
The lender is required to file a lawsuit against the borrower in court as part of a judicial foreclosure process. After that, the borrower has a chance to reply and challenge the foreclosure. The lender may conduct the foreclosure sale if the court rules in their favor.
Nonjudicial foreclosure
In a nonjudicial foreclosure process, the lender is not required to go through the court system. Instead, they can follow a strict legal process that begins with the lender providing notice of default to the borrower. After a specific period, the lender can then schedule a foreclosure sale.
How can you stop foreclosure in Texas?
If you are facing foreclosure in Texas, there are several steps you can take to stop or delay the process. Examples are declaring bankruptcy and talking to a texas attorney.
Declare bankruptcy
In Texas, filing for bankruptcy may stop the foreclosure process. When you file for bankruptcy, an automatic stay is put in place, which prevents the lender from foreclosing on your property.
Talk To A Texas Debt Lawyer
To avoid losing your home to foreclosure in Texas, you must speak with an experienced debt attorney. They can give you legal counsel and explain your alternatives for halting or delaying the foreclosure process to you.
Further help and information about foreclosure
Although navigating the Texas foreclosure process might be difficult, there are services available to assist you. You may find resources and information about preventing foreclosures from the Texas Department of Housing and Community Affairs. You can also contact local housing counseling organizations for additional assistance.
