Foreclosure Defense Attorney in Houston, Texas
Providing Trusted Legal Support to Help You Keep Your Home
Your home should be a safe space — somewhere your family can gather to spend quality time and make memories together. When foreclosure proceedings threaten to take this away, Jarrett Law Firm, PLLC, is here to help. Foreclosure can happen for a variety of reasons. Sometimes, a divorce or the death of a primary wage earner can leave you scrambling to make your payments. Mounting debt or medical bills can also leave you falling further behind on your mortgage every month. No matter how you arrived at this place, fighting back is essential.
When you need a foreclosure defense lawyer in Houston, TX, call the Jarrett Law Firm, PLLC, at 346-683-2240. We offer a free case evaluation, so you can get an idea of your options and how long you have to attempt to stop foreclosure proceedings. We’re here to help you through this challenging time and do everything we can to get the best possible outcome for your family.
What Are the Different Types of Foreclosure Proceedings?
In Texas, there are three potential ways that a foreclosure can happen. Each has a slightly different process, so it’s essential to know which type you’re facing.
Judicial Foreclosure
In a judicial foreclosure, the lienholder must get a judgment from the court before they can force the sale of the property. This requires filing a civil lawsuit against the mortgage holder and potentially going through a full hearing.
Non-Judicial Foreclosure
A non-judicial foreclosure doesn’t require a civil lawsuit or a judgment from the court for the lienholder to be able to sell the property. A non-judicial foreclosure is possible when the deed of trust has a power of sale clause. This allows the lienholder to legally force the sale of the property if the mortgage holder falls behind on the payments.
Expedited Foreclosure
An expedited foreclosure is for specific circumstances and certain types of loans. The lienholder applies for expedited foreclosure, and if the court grants the petition, the lienholder can start the foreclosure process.
What Is the Foreclosure Process in Texas?
Many people end up facing foreclosure proceedings because they are misinformed about what it takes to be considered in default of your loan. For example, while lenders won’t generally file a notice of foreclosure until you’re 120 days (about four mortgage payments) behind, your loan is technically considered in default as soon as you miss the first payment.
Once you have missed three consecutive payments, the mortgage company will generally send a formal demand letter. This usually gives you about 30 days to bring your mortgage up to date. If this doesn’t happen, the lender will start the foreclosure process. You may still have some time in there to pay the arrears and keep your home. If not, the lender can proceed with the sale of the property, and you will be evicted.
Keep in mind that judicial foreclosures are rare in Texas and that non-judicial foreclosures often move on a faster timeline. It’s critical to contact an attorney as soon as you are aware you’re in danger of foreclosure to increase your chances of being able to keep your home.
What Are Your Options to Fight a Foreclosure?
When you’re facing a foreclosure situation, an attorney can inform you of your options and help you make the choice that’s the best one for your circumstances. Some of the potential options to fight a foreclosure include:
- Having a short sale
- Asking for a loan modification
- Filing for bankruptcy
- Fighting the lender based on a wrongful foreclosure
The right strategy depends on your family’s financial situation, whether you have alternative housing, and what your primary goals are. The team at Jarrett Law Firm, PLLC, is here to help you consider these options and help you start the foreclosure defense process as soon as possible.
How Can Jarrett Law Firm, PLLC, Help?
When you’re facing foreclosure, you need to act quickly. Our law firm can help you identify any potential strategies to fight the foreclosure and be your legal representative during the process. We’re a client-focused firm that understands how important these issues are for those we serve, and we’ll do everything in our power to help.
Get the process started by calling Jarrett Law Firm, PLLC, at 346-683-2240. We offer free consultations to ensure you understand your options and how our firm works to ensure it’s a good fit.