FAQs
Frequently Asked Questions
Foreclosure Defense
I am behind on my mortgage payments, what do I do?
Whatever you do, do not ignore the problem. It will only make your situation worse. The further behind you become, the harder it is to reinstate your mortgage and the more likely you will lose your home. You could delay payments on credit cards and other “unsecured” debt until you have paid your mortgage. Contact us immediately at (832) 831-0833 for a free foreclosure defense consultation or fill out our form.
I am in foreclosure, what options do I have?
There are many options during the pre-foreclosure and foreclosure process. Our experienced foreclosure defense attorneys in Houston, Texas can guide you and make sure you choose the right option for you. Fill out our free case evaluation.
If I do nothing, what will happen?
In short, if you ignore and choose to do nothing a foreclosure will be placed on your credit, the bank/lender/HOA/County will auction off your property for public sale, and then the constable will show up at your home and give you 24 hours to pack up your family and belongings and get out, and possibly, a default foreclosure judgment will be entered by the court against you. This will happen usually within 25 to 30 days from entry of a final foreclosure judgment. To avoid this please fill out our free case evaluation so we can help you.
Eviction Defense
After the property is auctioned off, do I have to get out?
Yes. But there are options for you to fight. You do have some time but time is short. In most cases, if you don’t fight, the constable will evict you and your personal effects from the property in about 20-30 days. To avoid this please fill out our free case evaluation so we can help you.
What can an experienced and knowledgeable foreclosure defense attorney do?
In short, we can file defenses to prolong your stay on the property for as long as possible. Fill out our free case evaluation.
Can I deny the lender’s complaint?
Yes you can, but you have to be very specific on your denials and list all the affirmative defenses you have. And you must attend all court dates and be involved in every step to protect yourself. Contact us immediately at (832) 831-0833 for a free foreclosure defense consultation or fill out our form.
HOA Foreclosure
Can I get any of the sales proceeds after the sale?
Yes you can, but only if the property is sold for more than what is owed. The amount must be in total after the plaintiff and all other mortgages and liens on the property are satisfied. Contact us immediately at (832) 831-0833 for a free foreclosure defense consultation or fill out our form.
Can my HOA foreclose on me if I have a payment arrangement and I miss some payments?
Yes. If you’ve already entered a payment arrangement for assessment fees with your HOA you must make your payments timely in order to avoid foreclosure. Fill out our free case evaluation.
Can I sell the property on my own and get my money out?
Yes, you can sell the property yourself or refinance but the HOA or lender must be paid at or prior to closing. Please fill out our free case evaluation so we can help you.
Third-Party Buyers
Once the bank has started the foreclosure process is it too late to keep my house?
Actually, no. It’s not too late. A foreclosure process can drag out for months and even years in some cases. During the process, there are options that may be available to you to save the property. To save your property, please fill out our free case evaluation so we can help you.
The lender has ignored my efforts to resolve my foreclosure. What can I do?
For starters, we can put into motion complaints against lenders that do not respond. This type of behavior can be and should be investigated by a Federal governmental entity. Fill out our free case evaluation.
Loan Modification
Can I do The Loan Modification myself?
Yes, you can but it’s more strenuous and time consuming than you think. Banks know this and know it can wear you down. Plus, the process is tricky at best and honestly best left up to an attorney who knows the ropes to be successful. Contact us immediately at (832) 831-0833 for a free foreclosure defense consultation or fill out our form.
Can a Loan Modification stop the Foreclosure process?
Your chances of getting a loan modification go way down the longer you wait. Applying for a loan modification can stop the foreclosure at least 45 days before the sale. Plus, no one can remove you from your home until the home is actually sold at auction. Fill out our free case evaluation.
Do you need good credit to qualify?
No, you do not need good credit. Mortgage banks and lenders require the following: updated tax returns, proof of income, credit report, proof of hardship, and any additional documents the lender may request for proof of debt-to-income ratio. Please fill out our free case evaluation so we can help you.
Cash for Keys
Can I get cash for keys in Houston, Texas if I do a deed in lieu of foreclosure?
If your lender has a cash in exchange for keys program, you need to complete a deed in lieu of foreclosure. Keep in mind that completing a deed in lieu of foreclosure does not guarantee you cash. Contact us immediately at (832) 831-0833 for a free foreclosure defense consultation or fill out our form.
What exactly is Deed in Lieu?
A deed in lieu is a transaction where the homeowner voluntarily transfers title to the property back to the the bank or lender in exchange for a release from the mortgage obligation. Fill out our free case evaluation.
Real Estate
I just purchased a home, and now I realized that many faulty issues weren’t disclosed when I bought it. What can I do about it?
We are aware that buyers are offered home warranty policies through third-party home warranty insurance agencies. These are provided to cover different issues affecting you as the buyer. If you do not have one of these policies, you may need to speak to a real estate law attorney. Contact us immediately at (832) 831-0833 for a free case consultation or fill out our form.
I am selling my home, should I hire an attorney to help me?
Yes. Selling a home is daunting, and the paperwork involved can mount. Large amounts of money are always engaged in these types of transactions, and we urge you to hire an attorney to protect your interests. An attorney will ensure the process is executed correctly, valid and legal. Fill out our free case evaluation.
I am buying a home “As-is” am I responsible for repairs?
Yes, in most cases the buyer is responsible when they buy a home “As is.” We recommend if you have any questions to contact an attorney to help you with the best routes or to answer any questions you have. Get your questions answered by filling out our free case evaluation so we can help you.
Property Tax Foreclosure Defense
What can I do after I receive a delinquent tax notice but before a lawsuit is filed against me?
Challenge the assessed value of your home (if you think it is incorrect) to reduce the amount of taxes you have to pay. The county has a process for challenging the value of your home. It requires you to show up for a hearing and present proof to the county that the value of your house is indeed inflated. The county will not take your word for it. You need proof. While you can do this on your own it’s best to hire a real estate attorney to represent you. Contact us immediately at (832) 831-0833 for a free foreclosure defense consultation or fill out our form.
What happens after foreclosure of the tax lien, can I still get my house back?
In short, yes. However, a lot is required of you to do so. In Texas, you have the right to redeem your property after a tax foreclosure sale. There is a two-year redemption period for residential homestead properties and agricultural properties.
How much you’ll have to pay to redeem if someone buys your home at the sale. To redeem your home from someone who purchases it at the sale, you’ll have to pay:
- the amount the purchaser bid for the property
- the amount of the deed recording fee
- the amount the purchaser paid for taxes, penalties, interest, and costs on the property, and
- a redemption premium of 25% if you redeem during the first year of the redemption period or 50% if you redeem during the second year of the redemption period (Tex. Tax Code § 34.21).
How much you’ll have to pay to redeem from the county. If the county gets the home at the sale and the property has not been resold, you’ll have to pay the lesser of:
- the judgment amount, or
- the fair market value of the property (as specified in the judgment), plus the deed filing fee and costs (Tex. Tax Code § 34.21).
Fill out our free case evaluation today!