Understanding the foreclosure process in Tx is an important part of navigating your own home foreclosure.
Before we dive in…
Understanding the Foreclosure Process in Tx
What is foreclosure anyway?
Foreclosure is the legal process that lenders use to take back property securing a loan, generally after the borrower stops making payments.
Foreclosure is no fun. But just know that it’s not the end of the world.
When you know how foreclosure in Tx works… it arms you with the knowledge to make sure you navigate it well and come out the other end as well as possible.
The Basic Stages of A Foreclosure
There are a few stages that are important to any foreclosure process.
Foreclosure works differently in different states around the country.
The two ways different states use to foreclose upon a property are: judicial sale or power of sale.
Connect with us by calling (210) 216-7722 or through our contact page to have us walk you through the specific foreclosure process here locally in Floresville.
In either scenario, foreclosure typically doesn’t go to court until 3-6 months of missed payments have elapsed. Usually (but not always), a lender will send out many notices that you are in arrears – overdue or behind in your payment.
Under Judicial Foreclosure: Tx is a Judicial foreclosure state
- Your mortgage lender must file suit in the court system.
- You’ll get a letter from the court demanding payment.
- Assuming the loan is valid, you’ll have 30 days to bring payment to court to avoid foreclosure (and sometimes that can be extended).
- If you don’t pay during the payment period, a judgment will be entered and the lender can request the sale of your property – usually through an auction.
- Once the property is sold, the sheriff serves an eviction notice and forces you to immediately vacate the property.
Under Power of Sale (or Non-Judicial Foreclosure):
- The mortgage lender serves you with papers demanding payment, and the courts are not required – although the process may be subject to judicial review.
- After the established waiting period has elapsed, a deed of trust is drawn up and control of your property is transferred to a trustee.
- The trustee can then sell your property to the lender at a public auction (notice must be given).
Anyone who has an interest in the property must be notified during either type of foreclosure.
For example, any contractors or banks with liens against a foreclosed property are entitled to collect from the proceedings of an auction.
What Happens After A Foreclosure Auction?
After a foreclosure is complete, the loan amount is paid off with the sale proceeds.
Sometimes, if the sale of the property at auction isn’t enough to pay off the loan, a deficiency judgment can be issued against the borrower.
A deficiency judgment is where the bank gets a judgment against you, the borrower, for the remaining funds owed to the bank on the loan amount after the foreclosure sale. For example: You owe or the fair value of your home is $145,000. It is sold at auction for $130,000. The unpaid amount of $15,000 owed will be assessed against you as a deficiency judgement. The other thing that rarely happens is that the balance owed is forgiven and is reported to the IRS as cancelled debt. That cancelled debt is then counted as income for income tax purposes.
Some states limit the amount owed in a deficiency judgment to the fair value of the property at the time of sale, while other states will allow the full loan amount to be assessed against the borrower.
Here’s a great resource that lists the state by state deficiency judgment laws, since every state is different.
Generally, it’s best to avoid a foreclosure auction. Instead, call up the bank, or work with a reputable real estate firm like us at Faye Y Taylor with StepStone Realty to help you understand all your options to avoid having to carry out a foreclosure.
Experienced realtors can help you by negotiating directly with banks to lower the amount you owe in a sale – or even eliminate it, even if your home is worth less than you owe.
If you need to sell a property near Floresville, we can help you.
In Floresville, Tx we can discuss all your options from listing your home to selling to an investor for people who need to sell fast. Time is of the essence so don’t delay.
As the Floresville Real Estate Agent – Faye Y Taylor is here for your questions and for help
Give us a call anytime (210) 216-7722 or
fill out the form on this website today! >>
Another Foreclosure Resource For Floresville Tx HomeOwners: