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Texas Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Can Foreclosure 3 properties in Texas. sue the scammer, borrow. I need to collect the money amount in notes. Not enoug

1. Foreclosure of three properties

2. Sue borrows for lost money, she is a scammer, who has many police reports and FBI reports over by other private JV partners.

They took money to fix the property and sell it, they took the money and never fixed it, waiting until the lender... View More

John Cucci Jr.
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answered on Nov 5, 2024

It is really hard to know what your questions are. Are you the seller/borrower? Are you the lender ?

I will assume you are the lender for this question. Texas has great consumer protection laws, which were made to protect consumers, and small businesses, from unsavory characters and...
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1 Answer | Asked in Foreclosure for Texas on
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... View More

James Clifton
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James Clifton
answered on Sep 28, 2024

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...
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1 Answer | Asked in Foreclosure for Texas on
Q: if you defaulted on a mortgage for an investment prop. with a personal guaranty what can be done to prevent a judgement?

the lender has filed a suit against us and I am trying to see what options we have.

John Cucci Jr.
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answered on Sep 11, 2024

The best way to prevent a judgment on a mortgage, you guaranteed, is to pay what is due.

If the bank has sent you the default letter, and has requested and demanded an acceleration of the note, making the whole amount due, it will be sold at auction soon.

The only way you can stop...
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1 Answer | Asked in Foreclosure for Texas on
Q: Need advise/help

Our situation is several years ago we got property tax assistance from one of those places they help you pay your taxes at the time it was with Sombrero Capital through the course somehow our account was bought by or transferred to xx . We were making our payment on time but them the pandemic hit I... View More

John Cucci Jr.
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answered on Aug 28, 2024

Sorry to hear about your problem.

You need to go to the County Clerk Office and get a copy of the judgment against you. It would be good to also ask for the :Clerk's Minutes" on the case. That is because you want to know the dates of the lawsuit filing and other matters. As you...
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1 Answer | Asked in Bankruptcy, Foreclosure and Identity Theft for Texas on
Q: I think my father filed bankruptcy in my name and I believe he's been Using my SS # for alot of FRAUDULENT actions
James L. Arrasmith
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answered on Aug 2, 2024

If you believe your father has filed for bankruptcy in your name and used your Social Security number for fraudulent actions, it's crucial to take immediate steps to protect yourself. First, obtain a copy of your credit report from all three major credit bureaus (Equifax, Experian, and... View More

1 Answer | Asked in Foreclosure for Texas on
Q: Does an HOA violation survive a foreclosure under Texas law if no lien was filed

There was no fine issued.

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

It depends on the language of the applicable Declarations, deed restrictions, and HOA rules. A lien impresses an obligation, such as a fine, on the property itself and gives a new Buyer notice of that obligation. But that obligation exists notwithstanding the recording of a lien. A fine imposed... View More

1 Answer | Asked in Foreclosure and Landlord - Tenant for Texas on
Q: Landlord didn’t pay the mortgage and now we’re being evicted. I think she knew and still took my money. What do I do?

I have lease agreement everything. Can I press criminal charges

John Cucci Jr.
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answered on May 10, 2024

You can seek criminal charges against your landlord if you have solid proof. But it is always up to the police and the District Attorney, as to whether or not, the case will be prosecuted.

You can sue the landlord, and the foreclosing bank for possession. If your lease is for more than...
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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Getting out of a bad mortgage with little to no damage to credit.

My husband and I bought a house in 2022, we bought it while in a different state so we never saw it in person. They needed to fix the foundation before the sale could go through and when they did it caused a lot of damage to the house, plumbing was detached and ruined, the chimney detached and... View More

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

Assuming your Lender is not the same person or entity as the Seller, your best strategy to avoid harming your credit is to sell the house "as-is" to an investor and pay off the mortgage. Given the problems you describe, you will likely lose much of your equity and may even have to pony... View More

1 Answer | Asked in Foreclosure for Texas on
Q: What do attorneys do when someone is facing foreclosure by the HOA.
John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If there is a valid ground to contest the foreclosure, an attorney likely would file an application for a temporary restraining order and temporary injunction as part of a declaratory judgment action seeking a declaration that the HOA does not have valid grounds to foreclose on the property.... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Q: I need to know how to stop a writ of possession that hasn't been served
John Michael Frick
John Michael Frick
answered on Mar 19, 2024

A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.

Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from...
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1 Answer | Asked in Foreclosure and Insurance Defense for Texas on
Q: Can i buy a title insurance policy for a deed in lieu of foreclosure in Texas? I am the owner finance lender.
John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Yes, you can legally buy a title insurance policy.

1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for Texas on
Q: Mother died with a mortgage. No will. Heavy debt. I DO NOT want her house. M/C is suing me for mortgage. What do I do?

I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.

Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.

John Michael Frick
John Michael Frick
answered on Jan 9, 2024

You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.

If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole...
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1 Answer | Asked in Foreclosure, Domestic Violence, Divorce and Family Law for Texas on
Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.

He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything?

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive.

Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is...
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1 Answer | Asked in Foreclosure for Texas on
Q: I haven't received a foreclosure notice yet .
John Cucci Jr.
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answered on Nov 7, 2023

When you get that letter or Notice call me.

1 Answer | Asked in Foreclosure for Texas on
Q: Loan modification denied 3 times, reason npv Payment plan was to high, How can I stop foreclosure

Mortgage co won't work with me, only option to pay full amount past dued

Who can help me get mortgage current, don't have the money for attorney

John Cucci Jr.
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answered on Nov 5, 2023

The only real way to stop foreclosure in TX is to sue the bank and get a stay(temporary restraining order) of the f/c sale. I have never lost one of these cases and they always give the borrower leverage and time to re-design or re-make the loan and its terms. This all supposes that you are... View More

2 Answers | Asked in Contracts, Foreclosure and Civil Litigation for Texas on
Q: can you find me examples I can read online of court cases that were dismissed for non-timely answer?

I need at least 3 examples I can print out and read for myself.

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

Most likely. Contact my office to schedule an initial consultation where we can discuss your legal research project in greater depth, along with the terms and conditions for employing us for such legal representation.

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1 Answer | Asked in Contracts and Foreclosure for Texas on
Q: I have a TRO,Lis Pendens,PreliminaryInjunction andDecleratory Relief drafted and filed at court with complaint whatsnext

How Do I file the TRO, Lis Pendens, Prelininary injunction and Declaratory Relief?

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

A notice of lis pendens is filed in the deed records of the county where the property is located.

An application for TRO, preliminary injunction, and declaratory relief is filed electronically with the clerk of the court (which could be the county clerk, state district clerk, or federal...
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1 Answer | Asked in Estate Planning, Foreclosure and Probate for Texas on
Q: Possible homestead claim void to dishonest actions of estate administrator and conflict of interest

Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More

John Cucci Jr.
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answered on Jun 6, 2023

Your best move was to sue him on your homestead claim or intervene in the Estate proceedings.

You still have some legal options, including a lawsuit against your father in law for his malfeasance and failure to manage the estate assets and save the property from fc or waste.

You...
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1 Answer | Asked in Foreclosure for Texas on
Q: When completing the deed in lieu of foreclosure form, who is the grantor and who is the grantee?

In Denton, Texas

John Michael Frick
John Michael Frick
answered on May 9, 2023

The grantor is the current owner of the home.

The grantee is the person or business entity to which the owner is transferring the property in lieu of foreclosure, often the lender or an entity affiliated with the lender.

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