Lawyers, Answer Questions  & Get Points Log In
Texas Foreclosure Questions & Answers
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...
View More

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...
View More

1 Answer | Asked in Foreclosure for Texas on
Q: I haven't received a foreclosure notice yet .
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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...
View More

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.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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.

1 Answer | Asked in Foreclosure and Bankruptcy for Texas on
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?

John Michael Frick
John Michael Frick
answered on May 8, 2023

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...
View More

1 Answer | Asked in Foreclosure for Texas on
Q: when the judge grants a motion for dismissal on 91a , and can she do that when there are other parties not served

i didnt see a motion to dismiss from the defendant, just notice of hearing , and there are other defendants i have not served yet.

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

Yes.

The plaintiff’s failure to serve additional defendants does not in any way delay the court’s duty to timely rule on a defendant’s motion for dismissal.

1 Answer | Asked in Real Estate Law, Foreclosure and Collections for Texas on
Q: I live in TX and have a timeshare in IL that is being nonjudicially foreclosed. What is going to happen to us?

Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 22, 2023

I am not licensed in Illinois or Texas, but in general:

1. Illinois law applies to the foreclosure. If there is a money deficiency or judgment that you are personally liable for, the judgment will be entered in Illinois.

2. The judgment creditor, if it intends to execute on the...
View More

2 Answers | Asked in Foreclosure and Real Estate Law for Texas on
Q: Someone altered a unpaid promisary note and filed a mortgage on my home

What do I need do do to get this unpaid mortgage realeased

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

In Texas, the common practice is to use a deed of trust to secure a mortgage loan. The deed of trust must be sign by the homeowner which, in this case, is you.

If you did not sign the deed of trust and someone forged your signature, you should file a declaratory judgment action asking the...
View More

View More Answers

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: Thank you for responding. My lawyer-motion to lift stay, his lawyer-requests denial. Can I respond to the court trustee?

I just wanted to clear up what I was asking. His bankruptcy is not yet approved and trustee is recommending it not be granted due to lack of income because he has not submitted the documents she asked for yet. (Schedule C, 3-months P&L, and complete tax return. I log on to Pacer at least once a... View More

Timothy Denison
Timothy Denison
answered on Dec 18, 2022

Yes. You can file your own response to the trustee but you are pretty much protected either way.

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Texas on
Q: I am being discriminated against by the mortgage company that services my loan. That’s the only way I can think of discr

Can I file a suit pro se?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Can you provide some more details?

1 Answer | Asked in Real Estate Law, Contracts and Foreclosure for Texas on
Q: we live in texas and have homestead act on house/property. can roofer foreclose on us for unpaid roof?
John Michael Frick
John Michael Frick
answered on Oct 25, 2022

If the roofing contractor has properly fixed a lien against the homestead as provided in Chapter 53 of the Texas Property Code, yes the roofer can judicially foreclose on the lien.

1 Answer | Asked in Foreclosure, Tax Law and Contracts for Texas on
Q: Considering investing in tax foreclosures in Texas. The listings are each labeled with: EOS, EXE, Sale, resale, PLURIES.

From an auction bidder's perspective, do each of these types of real estate tax foreclosure types (for example EOS, EXE, Sale, resale, PLURIES) have the same redemption period?

I'm referring to the auctions from the Tax Code from Chapter 34. TAX SALES AND REDEMPTION, from the... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2022

If your question is looking for a "redemption" period after a f/c sale. There is none! Once it is sold at foreclosure, it is the property of the buyer, 100% in fee simple. While there may be some other legal issues of the property you buy at a f/c sale, it is a different legal process,... View More

1 Answer | Asked in Foreclosure for Texas on
Q: I was left property in my mother's will. I was paying the mortgage 2 years.

Bank and mortgage company were notified of her passing, and were accepting payment from me. Then property was foreclosed and sold with no notification, until after the sale...

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2022

If you still have possession of the house/property, you can file in court for an injunction and stop the foreclosure. If you have left, you would have a very hard time getting back possession. Notice is a key part of any foreclosure. This would also be helped if you had the property put through... View More

1 Answer | Asked in Foreclosure, Banking and Appeals / Appellate Law for Texas on
Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... View More

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for Texas on
Q: Good afternoon I like to know , what should i do regarding my home foreclose.

I have a past due ( 3 years) mortgage and due to pandemic ( lost job and parents hospitalized) could not able to pay . I have tried several time to modify the past due also requested for payment option. each proposal they turn down and send me a demand letter for full past due . Now i received a... View More

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

I have practiced in Texas and in Texas foreclosure is by "post and sell"--May 3 is the first Tuesday of the month which is foreclosure auction day. .That is contrasted to states like Florida where I practice now where is called a "Strict Foreclosure" state. That means that you... View More

View More Answers

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.