Wednesday 12 November 2014

A Guide to Averting Foreclosure in Houston



Foreclosures and the laws corresponding to it are made to protect the interest of both buyers and sellers. From the lay man’s perspective it might look cruel to take possession of somebody’s property against their will, but these laws are formulated to ensure that lenders do not have to bare losses due to concurrent bad-debts from defaulters.  

In USA, there are a high number of defaulters per state and strict laws are made to counter them. At the same time, laws are also made to protect the innocents from companies or individuals who mislead them and make them fall into a trap of wrongful foreclosure suits. Every state in the US has different laws corresponding to foreclosures, though loaning companies in all states start the process of foreclosure only three to six months after the first missed payment. Therefore, if one has missed their monthly payments due to some difficulties, they should always inform their lenders so that they do not take any legal action against them. Avoiding calls from lenders only accelerates the foreclosure process and makes it worse on one’s credit statement.

There are generally three foreclosure processes which are followed in the USA which include Judicial Foreclosure, Power of Sale (Non-judicial) and Strict foreclosure though they are adapted differently in each state. In Texas for example, only judicial and non-judicial foreclosures are practiced. There are several law firms and housing companies in cities like Houston to help people on the verge of having foreclosures on their properties. They can both solicit and advice their clients on how to stop foreclosure in Houston, Texas and come to an amicable settlement with their lenders.

Most foreclosures, that happen in Houston, Texas are non-judicial in nature and are governed by the 51st Chapter of the property code. Once a defaulter does not make the payment within 60 days, they are sent a legal document (Notice of Default & Intent to accelerate) and this is the last chance for defaulters to avoid foreclosure

There is no right of redemption in averting foreclosure in Houston, though deficiency judgments are allowed. The state of Texas usually follows two methods of foreclosure, which are given below-

1. Judicial Foreclosure

In this judicial process of foreclosure, the lender files a lawsuit to obtain a court order to foreclose; it is used when no power of sale is present in the mortgage or deed of trust. Hence, stopping foreclosures in these cases are difficult. After the court declares a foreclosure, the property will generally be auctioned off to the highest bidder.

2. Non-Judicial (Power of Sale) Foreclosure

The non-judicial foreclosure is used when a power of sale clause exists within a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of their default.

A small number of states also follow the process of ‘Strict Foreclosure’ in which the lender files a lawsuit to the defaulting home-owner. If unable to pay within the stipulated time, the property is directly handed over to the mortgage holder.

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