Foreclosure is a legal process that allows lenders to repossess a property from a borrower who has defaulted on their loan payments. If you’re in Harris or Galveston counties, it’s important to understand the foreclosure process and how it works.
In Texas, Harris and Galveston counties follow the non-judicial foreclosure process. This means that lenders can start foreclosure proceedings without filing a lawsuit, and the process is conducted outside of court.
THE FORECLOSURE PROCESS
NOTICE OF DEFAULT
The foreclosure process starts when the borrower falls behind on their mortgage payments. The lender is required by law to give the borrower a notice of default and intent to accelerate. This notice must be sent by certified mail, and the borrower has 20 days to pay the past due amount to cure the default.
NOTICE OF SALE
If the borrower fails to cure the default within the 20-day period, the lender can issue a notice of sale. This notice must be sent by certified mail and posted on the front door of the property at least 21 days before the scheduled sale date.
PUBLIC AUCTION
The sale of the property takes place at a public auction, typically held on the first Tuesday of every month. The trustee appointed by the lender conducts the auction, and the highest bidder becomes the new owner of the property.
REDEEM OR VACATE
It’s important to note that the borrower has the right to redeem the property until the time of the sale. To do so, the borrower must pay the entire amount owed on the loan, including any interest, fees, and costs incurred by the lender during the foreclosure process.
If the property is sold at auction, the borrower must vacate the property, and the new owner takes possession of it. If the property is not sold at auction, the lender takes possession of the property and may try to sell it through other means, such as a real estate agent or auctioneer.
CONCLUSION
To avoid foreclosure, it’s crucial for borrowers to seek legal advice and explore all possible options, such as loan modifications or refinancing. Understanding the foreclosure process can help borrowers make informed decisions about their financial future.