When Unpaid HOA Dues Become a Lien in Texas Homeowners are usually stunned to learn that a homeowners association in Texas can foreclose over assessments that started as a few hundred dollars. It can, and the mechanism is straightforward enough that it catches people who were never really in financial trouble at all. Most Texas subdivisions record a declaration of covenants that creates a lien on every lot for unpaid assessments. When dues go unpaid, late fees, interest,
What Non Judicial Foreclosure Means in Texas If you have read that Texas is a non judicial foreclosure state and were not sure what that meant for you, this is the short version. It means the lender does not have to file a lawsuit or convince a judge before selling your house. The authority comes from your own loan documents. A Texas deed of trust contains a power of sale clause, and by signing it you granted a trustee the right to sell the property if you default. The l
Is a Deed in Lieu the Right Move in Texas A deed in lieu of foreclosure is an agreement where you hand the title to the lender and the lender accepts it instead of foreclosing. It gets described as the dignified exit. Sometimes it is. Often it is the wrong choice, and the difference comes down to specifics most homeowners are never told. Start with the fact that it is negotiated, not a right. You cannot make a lender take a deed in lieu. They agree only when it is c
What the Texas Homestead Exemption Actually Protects Texas homestead protection is among the strongest in the country, and it is widely misunderstood by the people it protects. Homeowners assume it shields the house from everything. It does not, and knowing which debts pierce it tells you how much trouble you are actually in. The protection sits in the Texas Constitution, Article XVI, Section 50, and it shields the homestead from forced sale for most general debts. A cre
What to Do With an Inherited Texas Property An inherited house in Texas usually arrives with a legal question attached, and answering it first saves months. The question is not what the house is worth. It is whether you currently have the authority to sell it. A buyer's title company will want proof that ownership passed properly. How you establish that depends on how the estate was handled. If there is a will and it goes through probate, the executor named in it general
The Texas Foreclosure Timeline, Step by Step Homeowners in Texas are often shocked at how quickly a foreclosure can conclude. In states that require a lawsuit, the process can run well over a year. Texas is predominantly non judicial, which means the lender follows a notice procedure set out in Texas Property Code Section 51.002 rather than asking a court for permission. It begins with missed payments. Servicers usually treat a loan as seriously delinquent once it is a f