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Texas Home Equity Foreclosure Application

Texas Home Equity Foreclosure Application

Name: Texas Home Equity Foreclosure Application
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.71 (221 reviews)

Category:

Texas Court Samples - Real Estate - Foreclosures - Home Equity Loans - Sample Case 1

State:

Texas

Control #:

TX-CC-07-01

Format:

Instant download

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Description

A01 Home Equity Foreclosure Application

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FAQ

Foreclosure rules in Texas require that you have at least 21 days' notice in writing, beginning on the day the notice goes into the mail, before the lender sells your home at auction. The lender must also post the Notice of Sale at the door of your county courthouse and file it with the clerk of that county.

Texas is a non-judicial foreclosure state. This means that the owner and resident do not have to appear in court in order to be granted approval to foreclose. However, the owner does have to show all good-faith attempts at collecting prior to foreclosure in the event that the borrower wishes to contest.

Forbearance Agreement. In case you are temporarily unable to pay your mortgage due to a temporary decline of your income but you will be able re-commence payments soon, contact the lender and ask for a forbearance agreement. Loan Modification. Filing Chapter 13 to Help Stop Foreclosure.

The process may take as little as 41 days, depending on the timing between mailing the required notices and the actual foreclosure date. All foreclosure sales in Texas occur on the first Tuesday of the month between 10 a.m. and 4 p.m. The commissioner's court designates the loca- tion.

A borrower whose first loan was foreclosed on can still be liable for the balance of a home equity loan. The equity loan is no longer secured by the property and becomes a personal debt instead.

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, the property will be auctioned off to the highest bidder.

How long does it take to foreclose a property in Texas? Depending on the timing of the various required notices, it usually takes approximately 60 days to effectuate an uncontested non-judicial foreclosure.

The most common foreclosure process in Texas is non-judicial foreclosure, which means the lender can foreclose without going to court so long as the deed of trust contains a power of sale clause. Non-judicial foreclosure is most common with purchase money loans as well as rate-and-term refinances.

Texas Home Equity Foreclosure Application

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