Hawley, TX asked in Foreclosure and Bankruptcy for Texas

Q: If a bankrupcty filing is dismissed due to errors on paperwork is the lender required to start the foreclosure

process over again. IE resend the notice of default certified and then the notice to accelerate and sale date?

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Typically yes with respect to the notice of sale.

Trustee’s and foreclosure sales happen on the first Tuesday of each month. Certain notices ordinarily required are specific to a particular sale date. Others are not.

Typically, a notice of default and a notice of acceleration would not need to be sent again. But the notice of trustee’s/foreclosure sale would ordinarily need to be resent because the sale date will most likely have changed.

Properly timed, filing bankruptcy can ordinarily delay a foreclosure sale by three months even if the debtor does not follow through with the bankruptcy.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.