Secure Debt Shall Foreclose In Collin

Category:

Real Estate - Mortgages and Deeds of Trust

State:

Multi-State

County:

Collin

Control #:

US-00181

Format:

Instant download

Description

The Secure Debt Shall Foreclose in Collin form serves as a Land Deed of Trust between a debtor and a secured party, outlining the terms for securing a loan through real property. Key features include provisions for the payment schedule of the promissory note and the conditions under which the property may be foreclosed. The form allows for additional secured advances by the secured party and specifies that all improvements on the property must be insured. It also details how proceeds from a foreclosure sale will be distributed, prioritizing costs and the debt owed to the secured party. This form is particularly useful for attorneys and paralegals involved in real estate transactions, as it provides essential legal protection for lenders and clearly outlines the responsibilities of the debtor. Business partners and owners can leverage this document to secure their financial interests while maintaining clear obligations and recourse in the event of default. Legal assistants may find this form valuable in their preparation of documentation for real estate financing cases.

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FAQ

If the buyer defaults, the seller can repossess the property, as outlined in the finance agreement. This method benefits both parties by providing flexible terms and potentially faster transactions.

In order to qualify for a non-judicial foreclosure, the lienholder must have a deed of trust with a "power of sale" clause, giving them the authority to sell the property. These foreclosures are governed by Section 51.002 of the Texas Property Code as well as the contractual documents.

Section 34.04 - Claims for Excess Proceeds (a) A person, including a taxing unit and the Title IV-D agency, may file a petition in the court that ordered the seizure or sale setting forth a claim to the excess proceeds. The petition must be filed before the second anniversary of the date of the sale of the property.

Texas is a power of sale jurisdiction, meaning that a lender can go through with the sale of your property without having to go to court. As a result, foreclosures in Texas can be very quick, sometimes being completed about two or three months after the process begins, though this is quicker than average.

Foreclosure is when a lender uses a legal process to force the sale of a property (like a home) to cover a debt. This can happen when someone takes out a mortgage to buy a home and then stops making payments (defaults on the mortgage).

Generally, homeowners fall into default after missing 3-6 months of mortgage payments. Upon reaching at least 120 days behind on payments, homeowners may receive a notice of default. This is your red flag, signaling that it's time to consider options like refinancing to prevent formal foreclosure.

Most loans from a bank must be 120 days delinquent before any foreclosure activity starts. However, smaller lenders can sometimes start foreclosure even if you are only one day late. The lender is only required to send you two notices before a foreclosure sale.

Most foreclosures are non-judicial types. This means court approval isn't required and speeds up the process. Many Texas foreclosures take 160 days. This is much faster than the national average of 922 days in foreclosure for the second quarter of 2021.