McKinney Foreclosure Law Firm
Lucé Evans Law provides legal advice and assistance for homeowners and businesses facing foreclosure in McKinney. Our attorneys have many years of experience in real estate law and use creative solutions to solve your legal issues. We understand foreclosure can be a difficult and stressful experience, and we are sensitive to each client’s individual circumstances.
What Is Foreclosure?
Foreclosure is the process where a lender seizes a property to sell in order to recover funds from a defaulted loan. Other cases of foreclosure include a failure to pay homeowners association fees or property taxes. The process is possible as the home is used as collateral in the case that monthly payments are not made – called a power of sale provision. While a lender has the right to seize the property in the event of a defaulted loan, there may be circumstances where foreclosure attorneys can help.
An Overview of the Foreclosure Process
Issues such as a rise in mortgage costs or a change in personal circumstances can lead to failed mortgage payments. After payments are missed, the lender will contact the borrower requesting payments. In Texas, the governing agency responsible for foreclosure is the Consumer Financial Protection Bureau. According to their laws, a mortgage provider can file for foreclosure after 120 days of missed payments.
During this period, homeowners should contact an experienced foreclosure attorney to assist them. At Lucé Evans Law, our attorneys can guide you through the often complicated process of foreclosure, finding individual solutions based on your circumstances. In most cases, a non-judicial foreclosure process is used as long as a power of sale provision is included in the deed of sale. This means the lender will not need to go to court.
While each situation will vary, some strategies for dealing with a foreclosure include negotiating a new loan agreement, filing for bankruptcy, a “produce the note” defense and a request to establish the chain of title. If your financial situation has improved, it is also possible to negotiate with the lender and to continue payments.
Common Questions About Foreclosure Law
If your mortgage has a Power of Sale clause, your foreclosure is non-judicial and lenders won’t need to file a lawsuit. Most foreclosures in Texas are non-judicial, reducing the time you have available to protect your asset. Contact an attorney as soon as possible to avoid foreclosure.
Common reasons for wrongful foreclosure cases include failure to give adequate notice after a payment default, incorrect information given when the mortgage was taken out, misinformation on the best way to deal with payment defaults, and even predatory tactics.
In many cases, a loan modification can lower payments and extend the duration of the mortgage to make payments more manageable.