Foreclosure is the legal process whereby the Lender who has loaned the property owner money to purchase a house or land attempts to regain ownership because of non-payment of the loan. Under Texas Real Estate Law a primary mortgage holder can foreclose without having to go to court as long as they strictly adhere to the provisions of the Texas Property Code. A lender of a Texas home Equity Loan or a loan on land or a home for purposes of paying property taxes is required to obtain a court order from a district court judge before they can begin the formal foreclosure process. A Real Estate Attorney can assist you if you home is being foreclosed on by ensuring that the Lender has properly complied with the law, and in some instances helping to negotiate a settlement agreement that allows the property owner to keep their home or land.
- Foreclosure is governed by the Texas Property Code
- Primary Lender does not have to file suit to foreclose on property
- Home Equity and Tax Lenders must obtain a court order to foreclose
- Real Estate Lawyer can help stop, delay or settle foreclosure