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Houston Consumer Protection – Lien Enforcement Laws – Foreclosure

Property owners who have fallen behind on their mortgage payments, property tax payments and other obligations may be at risk of lien enforcement, foreclosure specifically. In Sugar Land, Galveston and the rest of the greater Houston area, thousands of foreclosure proceedings occur each year. A comprehensive set of laws, regulations and procedures govern lien enforcement, foreclosure and related matters. It is no exaggeration to say that foreclosure is a critical component of real estate law, business law, consumer law and business planning in Texas.

At the same time, it is critical for borrowers and property owners to understand their rights with respect to foreclosure.

Foreclosure and Consumer Protection Law in Texas

In Texas, the foreclosure process follows a fairly predictable series of steps. Once the property owner misses a mortgage, tax or assessment payment, he or she can expect:

  • Pre-Foreclosure Loss Mitigation Period: A 120-day period during which the mortgage lender or servicer is not permitted to send out any official notice of foreclosure
  • Breach Letter: A formal letter outlining the nature of the default, the necessary steps to redress and other relevant information
  • Notice of Default: A formal notice outlining the timeframe during which the property will be sold and any action the homeowner can take to avoid this
  • Notice of Sale: A notice that the foreclosed property will be sold on a specified date, typically at least 20 days after the notice is sent
  • Foreclosure Sale: During the foreclosure sale itself, the property is either sold to the highest bidder or repossessed by the original lender with the proceeds reverting to lien-holders in order of priority

It is important for property owners who believe that their lenders or other lien-holding entities have violated state or federal regulations during the foreclosure process to contact a seasoned consumer protection attorney.

Work with a Seasoned Houston Business Lawyer

Every year, foreclosure affects thousands of home and business owners across Texas. Although there are many situations in which lenders are well within their rights to follow the proper legal channels when enforcing liens or initiating foreclosure proceedings, there are also many situations in which lenders violate the corporate law and business law regulations governing such matters. Improper liens and foreclosure proceedings can negatively impact business planning, lead to commercial litigation and have a chilling effect on the economy.

At The Law Office of Henry A. Jakob, PLLC, our principal attorney is committed to fighting unjust foreclosure activity and other commercial and corporate matters related to mortgage credit, secured credit and other types of credit. Moreover, we have extensive experience in accounting, auditing and other financial competencies relevant to the needs of our clients. We are committed to investigating, pursuing and redressing all foreclosure issues for homeowners and small business owners throughout the greater Houston area.

Whether you are a larger Katy landowner facing the loss of your acreage or a Pearland homesteader who worries about the possibility of an impending foreclosure or other real estate law threat, we are happy to review the facts of your situation, recommend a suitable course of action and take all necessary steps to secure redress.

Contact Us

If you would like to learn more how our Houston consumer protection lawyers can assist with foreclosure and other lien enforcement matters related to real estate law, mortgage credit and secured credit in Waller, Harris and Fort Bend County, please call at 713.640.5700 or complete the online contact form to schedule a review of your foreclosure.

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