How to Stop a Foreclosure in Texas Texas moves faster than almost anywhere else, and that single fact shapes every option you have. Most Texas mortgages are foreclosed without a lawsuit, under the process in Texas Property Code Section 51.002. There is no judge to slow things down, so the calendar does the work instead. Two dates matter. The notice of default gives you a window to cure the arrears before the lender accelerates the loan and demands the whole balance. Afte
How Long a Texas Foreclosure Actually Takes Homeowners in Texas are often shocked at how quickly a foreclosure can conclude. In states that require a lawsuit, the process can run well over a year. Texas is predominantly non judicial, which means the lender follows a notice procedure set out in Texas Property Code Section 51.002 rather than asking a court for permission. It begins with missed payments. Servicers usually treat a loan as seriously delinquent once it is
The Power of Sale Clause in Your Texas Deed of Trust If you have read that Texas is a non judicial foreclosure state and were not sure what that meant for you, this is the short version. It means the lender does not have to file a lawsuit or convince a judge before selling your house. The authority comes from your own loan documents. A Texas deed of trust contains a power of sale clause, and by signing it you granted a trustee the right to sell the property if you defaul
Selling a House You Inherited in Texas An inherited house in Texas usually arrives with a legal question attached, and answering it first saves months. The question is not what the house is worth. It is whether you currently have the authority to sell it. A buyer's title company will want proof that ownership passed properly. How you establish that depends on how the estate was handled. If there is a will and it goes through probate, the executor named in it generally ha
When Unpaid HOA Dues Become a Lien in Texas Homeowners are usually stunned to learn that a homeowners association in Texas can foreclose over assessments that started as a few hundred dollars. It can, and the mechanism is straightforward enough that it catches people who were never really in financial trouble at all. Most Texas subdivisions record a declaration of covenants that creates a lien on every lot for unpaid assessments. When dues go unpaid, late fees, interest,
Texas Probate and the Family Home Probate is the court process that confirms a will and gives someone legal authority to deal with what the deceased owned. In Texas it is generally less painful than its reputation suggests, largely because of independent administration. When a will names an independent executor, or when all beneficiaries agree to one, the executor can administer the estate with limited court supervision. They can usually sell estate property without retu
When Unpaid Texas Property Taxes Take the House Texas has no state income tax, and property taxes carry a correspondingly heavy load. They are also secured by a lien on the property that attaches automatically each year. Fall far enough behind and the taxing units can foreclose, and that process runs separately from anything your mortgage lender is doing. A tax foreclosure in Texas is judicial. The taxing authority sues, and a court enters judgment for the taxes, penalti
Texas Probate and the Family Home Probate is the court process that confirms a will and gives someone legal authority to deal with what the deceased owned. In Texas it is generally less painful than its reputation suggests, largely because of independent administration. When a will names an independent executor, or when all beneficiaries agree to one, the executor can administer the estate with limited court supervision. They can usually sell estate property without retu