Texas Foreclosure Help – Stop Foreclosure in Texas

 


Finding Foreclosure Help in Texas

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

For general questions about HUD or its programs contact the HUD office nearest you. In Texas, offices are located in Dallas, Fort Worth, Houston, Lubbock, and San Antonio.

Dallas Field Office

Department of Housing and Urban Development
A. Maceo Smith Federal Office Building
525 Griffin Street, Suite 860
Dallas, TX 75202-5007

Phone: (214) 767-8300

Fax: (214) 767-8973

Bob Cook
Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Fort Worth Regional Office

Department of Housing and Urban Development
801 Cherry Street, Unit #45
Suite 2500
Fort Worth, TX 76102

Phone: (817) 978-5965

Fax: (817) 978-5569

C. Donald Babers
Deputy Regional Director

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Houston Field Office

Department of Housing and Urban Development
1301 Fannin, Suite 2200
Houston, TX 77002

Phone: (713) 718-3199

Fax: (713) 718-3287

Edward Pringle
Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Lubbock Field Office

Department of Housing and Urban Development
George H. Mahon Federal Office Building

1205 Texas Ave, Suite 511
Lubbock, TX 79401

Phone: (806) 472-7265

Fax: (806) 472-7275

Miguel C. Rincon, Jr.
Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

San Antonio Field Office

Department of Housing and Urban Development

One Alamo Center, Suite 500
106 South St. Mary’s Street,
San Antonio, TX 78205

Phone: (210) 475-6806

Fax: (210) 472-6804

Richard Lopez
Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Texas Foreclosure Laws Summary

Quick Facts:

  • Judicial foreclosure process is available.
  • Non-judicial foreclosure process is available.
  • The primary security instruments are mortgages and deeds of trust.
  • The timeline can vary by process, which typically takes 60 days.
  • The borrower has no rights of redemption.
  • The lender may sue for deficiency judgements.

The judicial or non-judicial process may be used to foreclose mortgages in default in Texas.

Judicial Foreclosure
The judicial foreclosure is done by filing a lawsuit so that the court may issue an order to foreclose. This is used when there is no power of sale clause present in a mortgage deal. Once the order to foreclose has been approved, the property can be put up for sale at an auction.

Non-Judicial Foreclosure
The non-judicial foreclosure is used when there is a power of sale clause present in a mortgage deal. This clause states that the borrower has authorized the selling of the property in the event of their default. so when the borrower defaults, the power to sell the property is automatically in the hands of the lender. Either the lender or a trustee may sell the property as long as the “Power of Sale Foreclosure Guidelines” are followed.

Power of Sale Foreclosure Guidelines

If the power of sale clause does not state the specifics of the sale, the foreclosure process must be done as follows:

A notice of intent to foreclose must be sent to the borrower, giving him 20 days to cure the default or a foreclosure notice will be filed to the county clerk.

If the default has not been cured after the given time period, a foreclosure notice must be filed by the lender to the county clerk 21 days before the foreclosure sale. This notice must also be sent to the borrower and posted on the courthouse door so that the public may be informed of the sale.

The foreclosure sale is to be held on the first Tuesday of the month on the courthouse steps. It will push through even on a holiday, as long as preliminary announcements have been made. Anyone may bid during the sale, including the lender who may bid by cancelling out the debt of the borrower.

Deficiency judgements may be filed but only for the difference between the fair market price and the balance of the remaining loan.