Dallas Texas Request for Copy of Notice of Default and Sale - Intent to Foreclose

State:
Multi-State
County:
Dallas
Control #:
US-02073BG
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Word; 
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Description

A notice of default is a notice to a borrower with property as security under a mortgage or deed of trust that he/she is overdue in payments. If the amount owed, plus costs of preparing the legal papers for the default, are not paid within a certain time, foreclosure proceedings may be brought against the property. Other people with funds secured by the same property are usually entitled to receive copies of the notice of default. It is a formal written notice to a borrower that a default has occurred and that legal action may be taken.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Request For Copy Of Notice Of Default And Sale - Intent To Foreclose?

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FAQ

(12 C.F.R. § 1024.41). This 120-day preforeclosure period provides most homeowners with ample opportunity to submit a loss mitigation application to the servicer.

How Long Does the Typical Foreclosure Process Take in Colorado? Typically, it takes about 110 -125 days from the date that a notice of election and demand is filed with the county until the foreclosure sale takes place on a Colorado property.

Notice of Sale Filed, Posted and Mailed Next, the law requires at least 21 days' written notice of the date on which the foreclosure sale (auction) is to take place. The 21 days begin from the date the notice is mailed, not the date you receive it.

In general, mortgage companies start foreclosure processes about 3-6 months after the first missed mortgage payment. Late fees are charged after 10-15 days, however, most mortgage companies recognize that homeowners may be facing short-term financial hardships.

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.

The foreclosure sale date for non-agricultural property is set between 110 and 125 calendar days after the recording of the Notice of Election and Demand, for agricultural property the sale date is set between 215 and 230 calendar days. Agricultural property is based on assessment by the County Assessors Office.

For non-agricultural property, public trustee's sales cannot be set any sooner than 110 days after the recording of the Notice of Election and Demand. (F15) For agricultural property, the foreclosure sale cannot be any earlier than 215 days after the recording of the Notice of Election and Demand.

The public trustee must set the foreclosure sale no less than 45 days and no more than 60 days from the date of recording of the Notice of Election and Demand. During that period of time, the property is advertised for sale in a newspaper of general circulation for four consecutive weeks.

Most Common Type of Foreclosure Process in Colorado Most foreclosures in Colorado are nonjudicial under a power of sale in a deed of trust. The foreclosing party must file proof of debt ownership and the default with a public trustee, who oversees the process.

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.

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Dallas Texas Request for Copy of Notice of Default and Sale - Intent to Foreclose