Texas is a non-judicial foreclosure state, which means that a foreclosure can happen without the lender ever stepping in court. If a borrower wants to stop a foreclosure, that borrower will need to file a lawsuit to stop the forced sale through an injunction. If the purchase has already happened, then the borrower’s lawyer needs to investigate whether a wrongful foreclosure action is appropriate.
Actions to stop a foreclosure are difficult. Texas courts liberally construe clerical defects in favor of the noteholder. If your home is being foreclosed upon, it’s vital to get a real estate attorney involved as soon as possible to protect your interests.
If you are a lender seeking a foreclosure, then gather the deed, note, and deed of trust for your real estate attorney to review. Obtaining a title report (or “down date” as it is sometimes called) is also essential. Every foreclosure matter begins with a document review followed by a legal consultation where those documents are closely scrutinized.
Waco Judicial Foreclosure Attorney
If you are a borrower or a lender involved in a foreclosure, you must find a Waco lawyer who is skilled in real estate law and civil trial law. At Dunnam & Dunnam, we have specialists in both real estate and civil trial law that help guide lenders and borrowers through the tedious process foreclosure proceedings.
Vance Dunnam, Jr. is a board-certified real estate law expert. He is board certified by the Texas Board of Legal Specialization in residential real estate law and commercial real estate law.
Vance Dunnam, Jr.
Vance has been licensed by the State Bar of Texas since 1977 and has practiced law in Waco, Texas since 1978.Read More