San Antonio, TX asked in Foreclosure for Texas

Q: How do I know if a foreclosure was resolved.

I have a piece of property that was foreclosed on by a Homeowners Association. I have not received anything in the mail regarding the foreclosure. I learned about this because someone called me offering to purchase the property. I assume any legal notices were sent to the property address which is a vacant lot. I went ahead and paid the amount needed to stop the foreclosure but wondering how I can confirm the matter was resolved and do I have any legal standing to sue for the amount paid since we did not receive any legal notice.

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1 Lawyer Answer
James Clifton
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James Clifton
Answered
  • Foreclosure Defense Lawyer
  • Fayetteville, GA
  • Licensed in Texas

A: Anytime a foreclosure occurs, the HOA must file a trustee's deed showing that the property was foreclosed and transferred to a new purchaser. You can check the real estate records for this deed. If it has not been recorded in the public records, then the foreclosure was stopped.

You should have received notice of the foreclosure. The HOA is required to send the notices to the property owner's address, not just the property address. You will not be able to recover the amount paid for delinquent assessments as those are due by virtue of owning property in the association. However, if the foreclosure law was not followed, you may be entitled to return of interest, late fees, attorney fees, or collection costs charged against you.

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