Home Equity Foreclosure Relief Attorneys

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We Stop Foreclosures and Negotiate Resolutions

 

 

We'll Stop Your Foreclosure, Guaranteed!*

If you found this webpage because of a letter you received from our firm, then you've been sued by your mortgage company and if you do nothing you will be foreclosed on in just a few short weeks.
We can help STOP FORECLOSURE without you having to file bankruptcy, and you don't even have to go to court!

CALL NOW FOR A FREE CONSULTATION: 877-408-3328

 
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*EXCLUSIVE MONEY BACK GUARANTEE:

If for any reason we aren't successful in stopping the bank's initial foreclosure attempt involving a client's home equity loan, we'll gladly refund 100% of the fees paid.

Your foreclosure stopped, or your money back! Contact us for more details.

 

 

Our Experienced Foreclosure Defense Team Will Help You:

1. Assess Your Situation

You may be facing foreclosure due to a loss of employment, personal or family illness, dissolution of a marriage, property damage from a storm, or overwhelming debts. Our team will take the time to understand your unique situation - we never apply a "cookie-cutter" approach to foreclosure defense.

2. Evaluate Your Options

After understanding your unique needs, we'll make specific recommendations and provide options that give you the best chance of achieving your desired outcome in the shortest amount of time. Our goal is to provide a solution that minimizes your emotional and financial stress as much as possible.

3. Implement Your Winning Defense

Following a comprehensive audit of your mortgage documents, we'll mount an aggressive, proactive defense that will slow down or halt the foreclosure process while protecting your legal rights. Then we'll work to negotiate the best possible resolution in accordance with your desired outcome.

 

Schedule Your No Cost, No Obligation Consultation

 

 

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"It can be scary to think that you need to reach out to an attorney...but it is even more scary to think that you could lose your home. From the attorneys to the paralegals to the office staff - this firm is knowledgeable, friendly and easy to work with... they have formed relationships in areas where we, as the consumer, cannot... and they walk you through it all."

-Cynthia

 

 

 

"Steven Schwinger took my call the first time I picked up the phone to call The Lane Law Firm. He was extremely courteous, clearly competent to handle the situation I found myself in, and immediately took the case, stopping the foreclosure the next day. The end result was that I was able to sell my house shortly after he stopped the foreclosure, which kept a foreclosure off my credit report. I highly recommend this law firm."

-Marie

 

 
 
 
 
 
"I would say if you're having a problem with a mortgage company, don't wait, contact The Lane Law Firm and let them handle your problem. They'll take care of the issues you might have. Whether it is foreclosure, tax problems with the mortgage company, whatever they case may be, and they'll successfully resolve the issue for you."
 
-Barry Halley

 

 

 

"Through my church I had a good friend of mine who had referred me to [The Lane Law Firm]. I called them up, came to meet with them, and from the moment I met with them, I knew right away that this was the place I was supposed to be. They assured me that they will be able to help me in some way or another and be honest about it."

 

-Michelle Smith

 

 

You are facing foreclosure and need help fast!

You've received a Texas foreclosure notice form from your District County Court stating that you've been sued by your lender and you don't know what to do. Perhaps you've tried to work out a resolution for weeks, months, or even years with your mortgage company, but to no avail. You aren't necessary litigious - you just need help slowing down the foreclosure process so a resolution can be negotiated. If you are in Houston, Dallas / Fort Worth, Austin, San Antonio, or anywhere in the great state of Texas, we can help you obtain a loan modification to keep you in your home or a short sale to help you exit gracefully.

Or maybe you suspect your mortgage company hasn't been completely honest and fair with you. After examining thousands of mortgages over the years, we discovered that 87% of all home equity loans contain one or more errors. That means you are likely a victim of predatory lending, and if so, your loan is invalid. You want justice; we can help. 

Texas has traditionally had very strong state laws to protect homeowners. In fact, the state didn't even allow homeowners to borrow against the equity in their homes through Home Equity or HELOC (Home Equity Line of Credit) Loans until 1998.

Since 1998, hundreds of thousands of Texans have borrowed against the equity in their homes to finance home improvements, consolidate debt, pay for college, or whatever else they wanted to do with the proceeds. They did so with the assurance that they were protected by the most homeowner-friendly protections in the nation. But since then, banks have lobbied hard to water down those protections with various amendments that benefit themselves over homeowners. Read about how Home Equity borrowing in Texas forever changed on January 1, 2018.

Surprisingly, most Home Equity Loans prior to 2018 do not comply with the strict consumer protections that were initially written into the Texas Constitution. In fact, since 2010 we've examined thousands of loans (at no cost to our clients) and discovered that about 87% of them contain one or more violations!

When violations are brought to the attention of the bank, the law requires they "cure" or fix all violations. Legally, they are given fair opportunity to "make things right" with minimal consequence to them.

Sometimes they do the right thing and make the borrower whole, but often times they refuse to do so - ignoring their legal obligation. In these instances, you, as the borrower, may be entitled to cash compensation and/or your lender may be required to return all your payments and void your lien so that you own your home without owing anything on your mortgage!

 

 

The Lane Law Firm Wins a Victory for Texas Home Equity Borrowers

Texas Supreme Court Ruling Restores Strong Texas Constitutional Protections

Read More

 

 

Texas Home Equity Mortgage Foreclosure Process Explained

If you have a Texas cash-out refinance loan (otherwise known as a home equity loan, home equity mortgage, reverse mortgage, or home equity line of credit (HELOC)), the foreclosure process is different than on a purchase loan or rate-and-term finance mortgage.

Article 16, Section 50(a)(6) contains the requirements for home equity lending, i.e., the extension of credit secured by a lien on a borrower's homestead evidenced by a "Texas Home Equity Security Instrument" rather than a Deed of Trust. In the event of default, a home equity lien may be foreclosed only by means of a court order which provides a specific date for the sale to take place after the expedited foreclosure process is followed.

Brief overview of the Texas home equity foreclosure process:

1. Notice of Default - Once your payment is late (typically by 30 days or more) the lender will send a Default Notice. It notifies you of the amount due and allows you at least 20 days to cure the default. Once a notice of default is received, the borrower should take immediate action to bring the loan current or seek professional help in resolving the situation.  

2. Expedited Foreclosure Application - If the default is not cured within the allowed time, your lender must file a Expedited Foreclosure Application which asks the court for an order allowing the foreclosure. You then have 38 days to provide a response to the court or the judge will likely sign the order. 

If your file a response, the court will set a hearing that, like the response, is limited in scope. The only thing a judge will consider is whether the lender can get an order allowing it to proceed with foreclosure under the law and the terms of the loan agreement. It's best to have an experienced foreclosure defense attorney draft the response to the court so you have the best chance of slowing down the foreclosure process or halting it altogether.    

If the court grants the lender’s application at the hearing, the foreclosure will proceed. The lender will then send the borrower a foreclosure sale notice.

3. Foreclosure Sale Notice - Now that the judge has signed the order allowing foreclosure, the lender must send a notice of the foreclosure sale to the borrower by certified mail at least 21 days prior to the sale. If you haven't contacted a foreclosure defense attorney yet, it's time to make that call. The foreclosure can still be stopped - without having to file bankruptcy - but you're running out of time. Schedule your no cost, no obligation consultation with The Lane Law Firm here. 

4. Auction - Foreclosure sales are typically held the first Tuesday of each month between 10:00 a.m. and 4:00 p.m. at the county courthouse, although there are important exceptions. Once the property is sold, there is no right of redemption and unwinding the foreclosure is very difficult, if not impossible. 

This information is general in nature and is for for educational purposes only. Seek legal counsel regarding your individual needs and circumstances before taking any action.

 

FAQs

Below are answers to the most common questions we hear from clients. If there is a question you have that we didn't cover, give us a call at 877-408-3328.

 

Typically 3-6 months, depending on how aggressive the lender and their attorney are. For a more detailed explanation on the process click here: Brief overview of the Texas home equity foreclosure process.

Once a single mortgage payment is late (typically 30 days overdue), the borrower is considered in default and the foreclosure process begins.  

The only way to completely stop foreclosure is to get current on your loan. If you want to slow down or delay the process, we can help. Read 5 Options You Have When Facing Foreclosure.

A Notice of Default is a letter that provides written notice of default for failing to meet the obligations in the contract. Once in default, borrowers only have a limited time (typically 20-30 days) to cure the default by paying the past due amount before the loan is accelerated. For a more detailed explanation on the process click here: Brief overview of the Texas home equity foreclosure process.

It is a document, typically from the lender’s lawyer, that advises the borrower that ALL mortgage payments are due within a specified time – typically 30 days. The Acceleration Notice typically accompanies a Notice of Intent to Foreclose. For a more detailed explanation on the process click here: Brief overview of the Texas home equity foreclosure process.

It is a notice that Texas law requires the lender/servicer send to the borrower that advises them of the date, time, and location where the foreclosure auction will take place. For a more detailed explanation on the process click here: Brief overview of the Texas home equity foreclosure process.

Two documents are requiredNotice of Default and Intent to Accelerateand the Notice of Acceleration and Posting for Foreclosure.

Failure to pay one’s obligations to a home equity loan will trigger a default on the loan and begin the foreclosure process: Brief overview of the Texas home equity foreclosure process.

A Home Equity Line of Credit is a revolving loan like a credit card that can be accessed as needed. It gives the borrower access to the equity available in their home. If the borrower fails to pay their obligations under the terms of the HELOC, the loan can be foreclosed on.

Judicial foreclosure refers to foreclosure cases that require a judge’s permission before proceeding with the notice of sale on home equity loans, property owner’s association, and for property taxes. 

Texas law requires a lender desiring to foreclose on a home equity loan to file an application in district court seeking a judge’s permission before proceeding with the notice of sale. Brief overview of the Texas home equity foreclosure process.

You have until the Monday following 38 days after the mailing of the application and notice was mailed to you to provide an answer to the court or the judge will likely sign the order allowing foreclosure to proceed. 

Yes, a homeowner can represent themselves in court and can even file bankruptcy pro se. However, with the imminent threat of losing one’s home, most people seek professional legal help from experienced foreclosure defense lawyers to protect their greatest asset. 

No. If/when the judge allows the lender to proceed with foreclosure, a Notice of Intent to Foreclose must be sent and an auction must be conducted. Brief overview of the Texas home equity foreclosure process.

A “foreclosure notice” is a letter, sent by registered mail, that Texas law requires the lender/servicer send to the borrower that advises them of the date, time, and location where the foreclosure auction will take place. It is also called a Notice of Intent to Foreclose.

No, home equity loans are non-recourse so if the borrower defaults, the lender can foreclose on the house but can’t seek the borrower for any deficiency. 

The eviction process starts when the new owner serves the former owner with three-day notice to vacate and then files an eviction lawsuit. After the court grants judgment, it can issue a writ of possession after five days. The constable or sheriff then posts a 24-hour notice at the property. If the occupants don’t vacate the property, the constable or sheriff removes the occupants and their belongings.

Texas has no statutory right of redemption for home equity loan foreclosures. Once a home equity loan has been foreclosed on, it can’t be redeemed.

Have a question we didn’t answer? Give us a call at 877-408-3328, or click here to schedule a free consultation.