Warren & Migliaccio, L.L.P.

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Understanding Home Foreclosure Rules in Dallas, Texas

Post by Christopher Migliaccio Leave a Comment

If you have defaulted on your mortgage payments in Texas, your creditors may begin the home foreclosure process. Lenders must follow specific rules when initiating this act. Seek out a Dallas bankruptcy lawyer to explore the alternatives available to you in defending against home foreclosure.

There are 2 types of home foreclosure in Texas. The first is a judicial foreclosure in which the lender must file a lawsuit in order to sell the property at auction. The second type is called a non-judicial foreclosure, wherein the terms of the mortgage loan include a power of sale clause which allows the lender to sell the property without the need to go to court first.

Power of Sale Foreclosures

If your mortgage agreement contains a power of sale clause that also determines the time, place and terms of the sale, the lender must follow this process: 

  • Mail a letter of demand to the debtor outlining the amount owed within 20 days;
  • File a foreclosure notice with the county clerk, the debtor and post notice on the county courthouse’s door if the borrower has failed to pay within the 20 day grace period and, at least, 21 days before the foreclosure sale; and
  • The sale must occur on the first Tuesday of the month regardless of holidays.

Protect Your Assets with a Dallas, Texas Bankruptcy Lawyer

The home foreclosure process in Texas can occur in as little as 60 days. You can delay the proceedings by contesting the foreclosure in court or filing for bankruptcy. Specializing in bankruptcy law in Texas, the law offices of Warren & Migliaccio, L.L.P. can help protect your assets against hasty home foreclosures. For a free consultation, call 1-888-584-9614 today.

a href=”http://www.flickr.com/photos/notionscapital/3692095103/”>Mike Licht, NotionsCapital.com</a> via <a href=”http://photopin.com”>photo pin</a> <a href=”http://creativecommons.org/licenses/by/2.0/”>cc</a>

 

Categories: Bankruptcy Tagged: Bankruptcy

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Richardson/Plano Office

3600 Shire Blvd #205
Richardson, Texas 75082

(972) 600-2680

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10440 N Central Expy #800
Dallas Texas 75231

(214) 556-1038

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Google Rating
4.7
Warren & Migliaccio, L.L.P.
Warren & Migliaccio, L.L.P.
4.7
Angela MyLife
Angela MyLife
15:02 07 Jun 17
We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us. Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. We were prepared 100% for what was to come and even months after the staff was quick to follow up to make sure that we did not have any questions or have anyone contacting us. They even helped figure out the 'what next' and 'where to go from here' that comes up. I would recommend them to anyone finding themselves facing financial struggle and trying to decide what to do. They give a free consultation over the phone or in the office; worth the call to find out your options.
Emma Radcliff
Emma Radcliff
21:41 02 Jul 16
I recommend Warren and Migliaccio to anyone who like myself, had no idea of what to do next. They were open and honest to me about my bankruptcy. They took time and explained the whole process to me beforehand. I was treated I'm sure, as their more prominent clients even though I'm a single senior with a limited income. They helped me maintain my dignity and I'm sure my sanity too.
Richard Parker
Richard Parker
23:23 27 Jun 16
I worked with Chris Migliaccio to resolve a debt matter. He is a professional and knowledgeable attorney that was easy to work with. He has excellent negotiation skills. I highly recommend him.
Jodi Wiethorn
Jodi Wiethorn
14:54 15 Oct 15
I would strongly recommend anyone needing a family law attorney use this office. The staff is so friendly, helpful, and knowledgeable. Gary Warren and Ryan Bauerle were the ones that helped me with a very rough child custody case and they were absolutely amazing. They are very nice guys but they will fight for you!!! I am truly happy that I used them for the case, I could not have asked for a better attorney! Ryan helped me and my husband so much and explained everything so well to us! I can't thank them enough for all they did for me and my family! So anyone please take my advice, if you need a family law attorney give Ryan a call!!!
Sandy Thomas
Sandy Thomas
01:17 03 Feb 15
Everyone in this attorney's office was wonderful! We had one matter that we needed assistance with last year, but they were not able to assist us with it, however Christopher Migliaccio was kind enough to provide us with a list of attorneys who would be able to help. Over the last couple of weeks, we decided to update our wills and powers of attorney and it could not have been any easier to do. They made it so we only had to make one trip to their office to take care of everything. If we need anything else, I would be most happy to do business with them again!
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4.5
Warren and Migliaccio, LLP
Warren and Migliaccio, LLP
4.5
Angela H.
Angela H.
2015-07-13 09:17:49
They work with the little man. Mrs. Doss is very kind and understanding. She gives her all. Mr. Chris loves helping others and does his job to ensure...
Maria R.
Maria R.
2014-06-12 09:05:00
I searched for a local attorney on Google to prepare some Estate Planning documents and I came across Warren and Migliaccio, LLP. I called the number...
Lauren A.
Lauren A.
2014-07-28 14:15:41
Ryan Bauerle, and everyone at Warren & Migliaccio are top tier attorneys. Ryan is expedient, professional, courteous, and when the situation warrants, a...
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