Skilled Foreclosure Defense Lawyer Serving Dallas and Arlington
Experienced Texas attorney works hard to save the homes of local residents
Home ownership is part of the American dream, but many homeowners are saddled with mortgages on their property. If you fall behind on payments, you risk foreclosure, a process by which the bank or other financial institution holding the mortgage can force a sale of the property to pay off your loan. The situation becomes worse if the property is overfinanced so that a sale produces insufficient funds to pay off the loan, potentially leaving the debtor on the hook for the balance. At The Law Offices of Cheryl S. Davis, P.C., with an office in Arlington, I have more than 20 years of experience helping homeowners in the Dallas area and throughout North Texas fight foreclosures and keep their homes.
Dedicated metroplex attorney helps protect homeowners’ rights
Under federal law, a mortgage holder must wait 120 days after you default on your loan payments before initiating a foreclosure proceeding, unless:
- You sell the property covered by the mortgage without repaying the full loan; or
- Another party’s foreclosure proceeding for the property is already in progress
This waiting period is intended to give you time to try to avoid the foreclosure. Once the waiting period passes, most Texas mortgages require the loan holder to send the property owner notice of default that gives the homeowner 30 more days to avoid foreclosure by bringing the payments up to date, although Texas law allows notice periods as short as 20 days.
If the waiting and notice periods have expired without repayment or some alternate arrangement between the parties, the mortgage holder can declare the entire loan due and commence the foreclosure by sending a notice of sale to each owner by certified mail, posting it on the door of the local county courthouse and filing it with the county clerk.
The notice must state the date, time and location of the foreclosure sale, at which the property is sold to the highest bidder. It must be sent 20 days in advance of the sale, which can only occur on the first Tuesday of the month. At that point, you must vacate the property or the new owner can go to court to evict you. However, if you retain my firm before eviction, I may be able to stop the foreclosure.
Dedicated attorney helps stop foreclosures in the Dallas area
Depending your situation and goals, I can file a Chapter 13 bankruptcy case, which will allow you to pay down the mortgage and some or all of your other debts over a three-to-five-year period. I am a skilled debt relief attorney with extensive experience crafting Chapter 13 repayment plans that are tailored to clients’ financial needs and likely to gain court approval.
Contact a knowledgeable North Texas attorney when you face foreclosure
When your home or other property is at risk of foreclosure in the Dallas-Fort Worth area, The Law Offices of Cheryl S. Davis, P.C. has the experience and skill to protect your legal rights. Call [ln::phone] or contact me online to schedule your free consultation in my Arlington office.