Dallas Area Foreclosure Defense Lawyers

Texas Foreclosure Defense Attorneys

Losing a home or property to foreclosure is a frightening thought, but more and more individuals and families are facing that reality every day. With the economy impacted by the challenges brought on by mortgage industry fraud, fluctuating interest rates and plummeting home values, many have found it difficult to keep current with their financial obligations.

Unfortunately, Texas neighborhoods have not been immune to America's housing crisis. Communities throughout the Dallas, Fort Worth and Houston areas have been hit with repossessions, short sales and foreclosures.

At Bailey & Galyen, Attorneys at Law, our lawyers have taken an aggressive stand to defend Texas home and property owners from bank foreclosure. Contact our offices to discuss your foreclosure defense with an experienced real estate law attorney. Se Habla Español.

Avoiding Foreclosure in Texas

In Texas, the laws governing foreclosure allow lenders two options when a mortgage goes into default: judicial foreclosure and non-judicial foreclosure.

• In a judicial foreclosure, the lender must sue the borrower in court and the mortgage must not include a power of sale stipulation.
• In a non-judicial foreclosure, the lender has preauthorization to move forward in the event of a default, without going to court, because the borrower signed a power of sale clause.

Prior to any real estate foreclosure action, the lender must mail a letter of demand to the borrower for payment within 20 days of all past due amounts. If the borrower is unable to make the payment, the lender will file a notice of sale with the county clerk. Then, the sale will be held on the first Tuesday of the month. If there is a deficiency between the amount the lender receives from the foreclosure sale and the amount due on the mortgage, the lender may sue for only that amount.

Contact Bailey & Galyen Right Away

If you face the likelihood of foreclosure, it is important to take action immediately. Speak with an experienced attorney at Bailey & Galyen to discover your options to stop foreclosure of your home. Our telephones are answered 24 hours every day of the week, and we have convenient locations throughout the Dallas-Fort Worth and Houston, Texas, areas. Contact the law offices of Bailey & Galyen to schedule a free initial consultation.

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