Texas Foreclosures Legal Questions

If you are able to pay the dues owed per the lawsuit then yes, the foreclosure will stop. In regards to the atty fees, unfortunately the hoa lawsuit result in owing their atty more then what is actually owed to the hoa. Under Texas property code how atty can recover there fees and made part of what is owed to the hoa. Please keep in mind the hoa atty HOA represents the hoa so the payment would have to go through the atty. If the amount is too much or the payment plan to large to pay off, you may want to consider a bankruptcy. In a chp13 bankruptcy you will pay the hoa back what is owed but spread out in a period of 3-5 years. You can also address all your other debts (which depending on your income you may potentially eliminate or pay a percentage back). Also, in unique circumstances where the value of the home is less then the amount owed to your mortgage co, you may also could get your hoa dues owed prior wiped away. The 1st consultation is free over the phone or at either of our 2 offices here in Houston TX... Read Answer

You need to make application to the court in your county to receive the surplus funds. You also have a right of redemption, which means you have the chance to get your house back within a certain period of time. You will want to contact an attorney for assistance with at least the redemption.... Read Answer

It depends upon what has already occurred. The fact pattern that you have presented isn't entirely consistent. If the home is subject to foreclosure of one or your loans, then it is quite possible the current people living in the house may be evicted. If the house is no longer subject to foreclosure from either of your mortgages, then they will probably be okay unless the current owner of the home has not had time to evict.... Read Answer

Yes if a homeowners Association that you owe your Association dues to chooses they may foreclose on your home after they have a valid lien recorded against your property. You may file bankruptcy to remove the obligation to pay the dues, but this will not remove the security interest they have and they will still attempt and most likely succeed in a foreclosure proceeding on those dues. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

Sorry, but there is no defined timeline that can be given to answer your question. I have seen in some cases that bank of America is not foreclose on properties for years after a bankruptcy. I have one client that's actually been a foreclosure for eight years and Bank of America still has not foreclose on their property in retained possession of it. You may be able to address the issues you have raised in your question at your hearing, and the judge will decide on the matter. But there is no yes or no answer to that question, as there is a judge involved and he will take all the evidence provided by the bank and by yourself in deciding to grant or deny the motion. Although if you do believe that your bank deliberately shot down your mortgage modification, when you should of been able to obtain one, there are legal remedies that you may take advantage of. At our law firm we represent clients in filing HUD Complaints, CFPB Complaints and Predatory Lending Complaints on the Federal level. We have this service for all 50 states, as it is federal law and not governed by different state laws. We have had success with suing banks that have denied people mortgage modifications, when they did fit the criteria for such a modification. We perform this by employing a mortgage underwriter with over 30 years experience, that demonstrates our clients fit in the criteria needed to obtain a mortgage modification. And in many cases clients filing these types of federal complaint, if they are accepted by the particular federal agencies involved, can win damages in excess of the amount owed to the bank on their mortgage and are able to buy the house back from the bank with the damages (money) that the banks pay them, thus they own their home free and clear. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

No, the foreclosure process does not stop all over again once you receive a bankruptcy discharge or when the bank receives a relief from stay from the bankruptcy court. All notice requirements pertaining to your foreclosure sale and the serviceman's relief act must be redone, but whatever the foreclosure process is in your state, it does not start from the very beginning again simply because of bankruptcy. What ever point in the process of foreclosure was occurring at the time you file for bankruptcy, the bank can return to that time, with only redoing the previously mentioned notices. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

Your home went into foreclosure in August 2012. Did the bank withdraw that foreclosure? Then the bank commenced judicial foreclosure in September 2013. What is the status of the case? Your deed of trust most likely states that once the loan is in foreclosure, the lender does not have to accept payments. It is not clear how the bank could have increased your mortgage payment. The lender cannot just unilaterally increase your mortgage payment. There must be something in the promissory note or deed of trust that allowed this. You really need to talk to an attorney about this because there is no way anyone can figure out what happened without seeing your loan documents and getting a more complete statement of the facts. Your local county bar association can arrange a short consultation with a real estate specialist for a nominal fee. It would be money well spent to get your questions answered correctly. It is also not clear what you mean by the lender "blocking you from changing your lender." Your current lender cannot prevent you from refinancing with another lender. Perhaps you mean that the lenders you have contacted for refinancing are rejecting you because your current loan is in foreclosure. I'm afraid that the foreclosure has substantially damaged your formerly excellent credit score.... Read Answer

Yes, they can do this. Most mortgage loans have an acceleration clause which allow the bank to require the entire loan amount if you are far enough behind of payments. Unless you can come up with the loan amount required to save your home, they will forcelose on your home. At this point you need to seriously considering filing for bankruptcy to prevent the foreclosure of your home. ... Read Answer

Why are you not filing for bankruptcy protection to work out a repayment Plan, or a Modification with the mortgage company? Do you want to keep the house?   After the foreclosure takes place, sometimes within a few weeks, sometimes YEARS later the bank or their lawyers will send you a three day notice to vacate, then wait until they file an eviction against you at the JP Ct level, constable will come out and give you a citation. court date set, then  hearing week or two. Judge may or may not give you extra time to move out. DO NOT MOVE OUT UNTIL YOPU GET THE JP NOPTICE> bc you can live for free until then.... Read Answer

Why would you hire lawyers in DC.  There are plenty of lawyers here in the great State of Texas. You go to their Texas office.  You talk to them in person, in Texas. I don't get it. And so many consumers do that. WHY? I do that kind of work.  If you are in Houston, come by, we will discuss the situation. Otherwise, get a local attorney. One who does consumer work, like bankruptcy, or real estate. They will help you with all the paperwork that the mortgage company has sent to you, and the remaining documents that the mortgage company wants you to give them.... Read Answer

If the deed in lieu requires you to reaffirm the debt, it shouldn't make much difference. After the BK, your credit rating can't get much worse. But if you are considering a deed in lieu, you shouldn't do it for free. Try to negotiate with the lender for some payment to you in return for the deed.... Read Answer

Sounds like you received an acceleration notice from a mortgage company.  Set an apointment with a bankruptcy lawyer.  If you are in Houston, give me a call, and I will be happy to sit down with you at no cost, and explain what I think is happening. They will send you another letter right after this one, telling you what day they will sell the house at auction. No time to lose. Do not ignore this letter.... Read Answer

You may have a claim for wrongful foreclosure.  However, you need to act quickly.  The 26th date is a demand date, they cannot  force you to move without an eviction action.   Depending on where you live, I may be able to help you.  i am in the Dallas Fort Worth area.  If you have more questions please feel free to call. DAVID L. PRITCHARD         Attorney & Counselor at Law                                                              1244 SOUTHRIDGE COURT, SUITE 102 HURST, TX 76053 Phone (817) 285-8017     Fax (817) 285-0224 Email: david@dlplegal.com www.dlplegal.com  ... Read Answer

You do not own the house any more. Normally bankruptcy cannot bring the house back into your estate. You can talk to a competent bankruptcy attorney to determine your rights and options. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.... Read Answer