1. Is filing bankruptcy the only option I have to stop a foreclosure?
Answer: No, very often the district courts will issue a restraining order to stop a foreclosure.
2. I didn't receive any notice of foreclosure, but I am receiving advertisement mail for foreclosure, should I be worried?
Answer: Yes, you should be worried. The lenders are only required by law to send a notice of trustee's sale by certified mail, return receipt requested. Very often the notices do not find their way to the homeowners. Foreclosures in Texas occur on the first Tuesday of the month. If you're getting advertisement mail relating to foreclosure then your property is probably posted for foreclosure on the first Tuesday of the next month.
3. I applied for a loan modification which was in the review process but the bank still foreclosed on my property. Do I have any recourse?
Answer: You probably do have recourse. The bank probably waived their right to foreclose, and the Court can set aside the foreclosure.
4. I fell behind on my payments, but the bank said that they would work with me. I have done everything that they have asked me to do, but they are still trying to foreclose on my property. Is there anything I can do?
Answer: Yes, there are several things that you can do. Probably the first thing is to contact an attorney so that the attorney ask a court for a restraining order to stop the foreclosure. Then, after that, both sides can work to try to resolve the disputes.
5. The bank is not crediting all of my payments. Now they are charging me late fees and penalties and are claiming that I owe more money that I actually do.
Answer: Under the Real Estate Settlement and Procedures Act, we can ask the lender for an accounting for the monies that you have paid.
6. I pay my insurance directly but the Bank is charging me for force-placed insurance. I have given them proof of my insurance but they are still charging me.
Answer: The lender cannot charge you for force-placed insurance when you already have insurance on the property. We probably can get the lender to stop charging you for the force-placed insurance.
7. My property taxes are escrowed; however, the bank did not pay my taxes on time and now there is a lien on my property for back taxes. The bank is now charging for the penalties and late fees.
Answer: If the lender fails to pay the escrow monies in a timely manner, the lender can be liable under the Real Estate Settlement and Procedures Act.
8. I applied for a loan modification. The bank requested that I fill out an application and send them my financial documents. I have done so numerous times because the bank said that they never got it. Now, they are trying to foreclose.
Answer: Again, the bank may have waived their right to foreclose. If they have, a district court is very likely to issue a restraining order to stop the foreclosure.
9. The bank wrongfully foreclosed on my property. Now, the person/bank is trying to evict me.
Answer: If you receive a forcible entry and detainer lawsuit from a Justice of the Peace Court, then you need to take that to an attorney immediately because those cases have a very short response time. Since the bank wrongfully foreclosed on the property, we very likely would file a lawsuit in the district court which could take away the jurisdiction of the Justice of the Peace Court.
10. I have a contract for deed to purchase the property where I live. I am receiving mail addressed to the person that I am buying the house from. Although I have made all my payments to the seller, I found out that he/she has not been forwarding my payments to the lender and now the lender is trying to foreclose on the property.
Answer: The Seller may have violated the Texas Property Code relating to executory contracts. You should contact an attorney immediately because a foreclosure may occur before you have an opportunity to intervene in the situation.
11. I was renting a house and made an agreement to buy the house from my landlord. Now he/she is trying to evict me.
Answer: Again, the landlord may have violated the Texas Property Code relating to executory contracts. Remember that evictions typically occur in the Justice of the Peace Court and those cases have a very short response time. Therefore, you should contact an attorney immediately.
12. The bank wrongfully foreclosed on my home and I was evicted. Is there anything I can do to get my home back.
Answer: You may be able to get your home back, or, in the alternative, you may recover your equity in the property. You should contact an attorney immediately.