What are the Texas Foreclosure Laws and Procedures?
Texas foreclosure laws grant borrowers rights during the foreclosure process.
Here are the lists of Texas foreclosure laws:
- the right to receive notice of default and acceleration
- the right to cure the default
- the right to stop the foreclosure sale.
Under the Federal Housing Act, borrowers have the right to request a hearing within three days of receiving notice of default. Additionally, borrowers can challenge the validity of the assignment of mortgage, arguing that the original note was lost or stolen. This defense prevents banks from enforcing the debt against anyone else.
What Is the Foreclosure Process in Texas?
Texas law allows lenders to use either a judicial or nonjudicial foreclosure process. A judicial foreclosure requires court approval, while a nonjudicial foreclosure does not require court approval. In a nonjudicial foreclosure, the lender must send notice to the borrower via certified mail, publication in a newspaper, or posting on the property itself. After the required period expires, the lender may file suit against the borrower to force a sale of the property.
Which Is the Most Common Foreclosure Process in Texas?
The most common foreclose in Texas in residential foreclosures are nonjudicial. Texas law requires lenders to go through a foreclosure process called nonjudicial foreclosure. This type of foreclosure does not require court approval and it allows banks to take possession of borrowers’ properties without having to file lawsuits against them. In fact, many people believe that nonjudicial foreclosure is faster and less expensive than judicial foreclosure. However, there is still some confusion about what exactly happens during this process.
What Are The Types of Foreclosures?
There are mainly three types of foreclosures:
1. Judicial foreclosure
When a borrower misses their third consecutive mortgage payment, the lender normally files a lawsuit with the court to start the foreclosure process (also known as going 90 days past due on their loan). If the borrower doesn’t bring the loan current within 30 days, the foreclosure will start, according to a letter the borrower receives. (In some jurisdictions, the time limit might be extended.) If a debt is not paid on time, the property is sold at a sheriff’s sale or court auction. Every state permits this kind of foreclosure, and some even require it.
2. Power of sale (nonjudicial) foreclosure
In states where a power of sale clause in the mortgage contract is permissible, this process is legal. This contract provision permits a lender to arrange an auction to sell a foreclosed property without involving the legal system, provided that they provide the borrower with the relevant notifications and adhere to a necessary waiting period, the length of which varies by state and location. Power of sale foreclosures frequently go more quickly than legal proceedings, however, in some states, the borrower has the right to file their own lawsuit with the relevant court to request judicial review of the procedure.
3. Strict foreclosure
The so-called strict foreclosure, a unique form of judicial foreclosure, is only permitted in Connecticut and Vermont. The lender brings legal action against the defaulting borrower in this process. The title to the property goes to the lender directly without the need for a sale if the borrower does not pay the mortgage within a deadline set by the court. When there is more debt than the property is worth, strict foreclosures typically take place. for more information to prevent foreclosures First Time Home Buyers in Texas should contact professional financial advice.
Branch Manager at The Texas Mortgage Pros
NMLS# 268552 – NMLS ID 286357
Branch NMLS #: 268552
118 Vintage Park Blvd W443,
Houston, TX 77070,