Foreclosure

A home being foreclosed upon can be one of the most frightening situations that a person can face.  Unfortunately, many people and many families face this reality every day.  Attempting to work out a solution with the mortgage company prior to a foreclosure is usually such a nightmare that people feel helpless.  Some people are aware that a bankruptcy could potentially stop a foreclosure, but what if you can’t  (or don’t want to) file a bankruptcy?  Or worse, what if the foreclosure has already occurred?  

Because the taking of someone’s home is such a severe manner of recourse, in Texas mortgage companies must strictly adhere to a set of rules contained in the Texas Property Code and other statutes when foreclosing on a property.  Any failure to provide statutory notices, improperly notice the property owner, or making a false or misleading representation to a homeowner leading up to a foreclosure could all potentially be grounds to stop a foreclosure or to perhaps set aside a wrongful foreclosure.

What does or does not constitute a wrongful foreclosure is highly dependent on your individual facts and circumstances.  I’ve written a few articles that address a couple of ways that mortgage companies may fail to meet the requirements of them when attempting to foreclose on a home.  To discuss your situation with a local, Abilene attorney, please call me at 325-261-3005 or email me at ara@ashtonandersonlaw.com.

Lender Misrepresentations

If a mortgage company makes a misrepresentation, lies, or conceals a truth during the course of the foreclosure process or during the course of attempting to collect a debt, several Texas laws and consumer protection statutes could protect the homeowner from a foreclosure that occurred subsequent to the misrepresentation.  For instance, the Texas Debt Collection […]

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Texas Property Code Violations

Chapter 51 of the Texas Property code governs the procedures that a mortgage company or mortgage servicer must follow to foreclose on a property pursuant to a deed of trust.  Not correctly following the proper procedures could give ground to prevent a foreclosure or to set aside a improper foreclosure.  Some of the most common […]

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