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.