What are some common foreclosure defenses in Texas?

Foreclosure defense in Texas can be extremely effective when you retain an attorney early enough in the process so that they can have the time to review, investigate, and prepare a defense strategy that can keep you in your house without foreclosure. If you wait too long, you may not be able to find an attorney who can help you in time to avoid a foreclosure.

Common Foreclosure Defenses

Your foreclosure defense attorney will ask you to provide all the documentation that you have regarding the original purchase of your home, any subsequent refinances or home equity loans, and all written communication about the default. Examples of what you will need to give your attorney:

• Your loan application(s)
• Your Truth In Lending statement
• The HUD-1 Settlement Statement from the day you closed on your house
• The Deed of Trust
• Payment History
• Letters and late notices you have received from the lender
• Any notes you have kept following conversations with your lender

Texas law is very specific when it comes to what type of notice must be given prior to a foreclosure and the time frames of those notices. Your attorney will review how your lender has handled this to date and may be able to defend the foreclosure on grounds that your lender is not following Texas law.

Your attorney will also examine the documentation that you provide to make sure you were not subjected to predatory lending when you obtained the original loan and that all applicable state and federal laws were followed at that time. In particular, your attorney will be looking for evidence that one or more of these laws were broken:

• Truth in Lending Act
• Home Ownership Protection Act
• Texas Home Equity Act

Get Legal Help

Don't wait to consult with an attorney. In addition to preparing a foreclosure defense strategy your attorney can also discuss options with you for negotiating a loan modification or other solutions for being able to stay in your home.