PLEASE NOTE: OUR FIRM IS *NO LONGER* ACCEPTING NEW CLIENTS FOR THIS AREA OF LAW. PLEASE CONTACT THE TEXAS BAR FOR AN ATTORNEY REFERRAL. IF YOU ARE AN ATTORNEY LOOKING TO TAKE ON FORECLOSURE CLIENTS, PLEASE CONTACT US.
Welcome to the Texas Foreclosure Defense Blawg.
The contents of this blog will be posted on behalf of Cashman Foreclosure Defense, which is a litigation branch of the Cashman Law Firm, PLLC. The law firm focuses on protecting the homeowner from creditors and lending institutions who wish to enforce their foreclosure remedies against homeowner’s properties. The Texas Foreclosure Defense Blawg will create articles helpful to the homeowner to protect his rights against lending institutions.
One of the benefits of living in Texas is that the laws are written to protect the homeowner; many rights are even built into the Texas Constitution. Many homeowners are unaware of these rights, and thus they lay down and passively wait to be ejected from their homes.
As you will learn by reading the pages in the foreclosure section of the Cashman Law Firm and this Texas Foreclosure Defense Blawg, navigating a Texas foreclosure from the home owner’s point of view is quite complex. The Texas foreclosure process is very simple from a bird’s eye view, but each step of the foreclosure process is saturated with areas in which the homeowner will need to tread with caution. There is the notice of default which follows a certain process, an acceleration of the mortgage debt, a notice of foreclosure which must be done properly, the foreclosure sale itself which is laden with trips and traps, and the deficiency judgment after the foreclosure sale. If one is not careful, even losing one’s home to foreclosure can cost tens of thousands of dollars.
Having an attorney by the homeowner’s side at each step of the Texas foreclosure process can mean the difference for him between losing his home next month, losing his home in a few years, or possibly not losing his home at all.
Texas also provides homeowners with protections voiding a mortgage document if in its formation it violated certain statutes, e.g., charging more than the statutory amount closing costs. There are also provisions for protecting the Texas Homestead, for dealing with tax liens, and there are different rules which benefit the homeowner when the loan is a Refinance Loan (Refi) or a Home Equity Line of Credit (HELOC). Without an attorney, these issues may fall by the wayside and cost the homeowner his home, his savings, his business, and may force him to declare bankruptcy.
In the coming weeks and months, we will post new articles that will help a homeowner get apprised of the foreclosure system, what is happening in Texas with regard to homeowners attempting to save their home from foreclosure, and how to most effectively approach the banks in protecting one’s rights.