Texas Foreclosure Recovery Information

Guide to Texas Foreclosure Recovery

By Emmet McMahan
How to make it through the Texas foreclosure process to keep your home

The easiest way to recover foreclosures in Texas is to contact your lender as soon as you are unable to make your payments on time. Lenders want the borrowers to keep their homes because foreclosure is an expensive process on which most lenders end up losing money.

Lenders therefore have an interest in exploring every possible option in the Texas foreclosure process, including forbearance, partial claim, payment modification and payment suspension. However, the fewer payments you are behind, the more options will be open to you.

There are three key actions to take in the Texas foreclosure recovery process:

Read and respond to any correspondence from your lender. These notices will contain important information on the foreclosure recovery process in Texas and pending legal action.
Raise money to make a missed payment. You may be able to sell assets such as a second car or jewelry, or a household member could take a second job.
Avoid foreclosure recovery scams. Many companies claim to be able to stop your foreclosure by charging you for information you could get for free. Others will require you to sign over the title to your house.

Action Steps

The best contacts and resources to help you get it done

Know how Texas foreclosure laws will affect you Laws on foreclosure vary considerably by state so you should be familiar with at least a summary of foreclosure laws in Texas. You should also read your loan documents to know what your lender can do if you can't make your payments.

I recommend: ForeclosureS.com provides the contact information for the Attorney General’s Office in Texas and links to specific legislation regarding foreclosure in Texas. In addition to a summary of Texas law, American Foreclosure Specialists provides a description of possible strategies for avoiding a foreclosure on your home.

Get assistance with finding Texas foreclosure recovery information There are housing counselors and online resources available to help you understand your options, assist you in organizing your finances and negotiate with your lender if needed.

I recommend: The Department of Housing and Urban Development provides contact information for approved housing counselors in Texas that are available for free or very low cost. The Home Loan Learning Center offers extensive resources, including an online quiz for assessing your risk of losing your home.

Retain one of the many foreclosure attorneys in Texas You may need one of the available Texas foreclosure lawyers to protect your interests, especially if you need to sign documents. If your regular attorney does not handle Texas foreclosure law, he or she may be able to make a referral.

I recommend: Jones, Allen & Fuquay in Dallas primarily engages in banking, business transactions and real estate law. The Hopping Law Firm has a department devoted to bankruptcy law with specific experience in home foreclosures.

Tips & Tactics

Helpful advice for making the most of this Guide

Consider refinancing in your Texas foreclosure process if you have some equity in your home. You will normally need at least 10% equity for a reasonable chance at refinancing and your odds get better with more equity. However, you don't want to make the common mistake of simply taking out a new loan that will be just as difficult to repay as the original mortgage.
Ask to speak with a manager when you contact your mortgage company as part of your Texas foreclosure recovery process. You will need to have some basic information ready, including your loan number, household expenses and recent pay stubs. Be prepared to provide a brief, honest account of your financial circumstances and take notes, especially the contact information of the person to whom you are speaking.

Texas Foreclosure Recovery

Guide to Texas Foreclosure Recovery

Action Steps

Tips & Tactics

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