Understanding the Texas Foreclosure Process 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 fe
Selling a House As Is in Texas As is means the buyer takes the property in its present condition and the seller is not agreeing to make repairs. It does not mean the seller can stay quiet about what is wrong with it. That distinction catches people, and in Texas it is written into the paperwork. Texas requires a seller of residential property to give the buyer a written disclosure of the property's condition, with limited exceptions for situations such as certain estate
What As Is Really Means on a Texas Contract As is means the buyer takes the property in its present condition and the seller is not agreeing to make repairs. It does not mean the seller can stay quiet about what is wrong with it. That distinction catches people, and in Texas it is written into the paperwork. Texas requires a seller of residential property to give the buyer a written disclosure of the property's condition, with limited exceptions for situations such as ce
Property Tax Foreclosure in Texas Texas has no state income tax, and property taxes carry a correspondingly heavy load. They are also secured by a lien on the property that attaches automatically each year. Fall far enough behind and the taxing units can foreclose, and that process runs separately from anything your mortgage lender is doing. A tax foreclosure in Texas is judicial. The taxing authority sues, and a court enters judgment for the taxes, penalties, inter
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 cheape
What Texas Homeowners Can Still Do Before the First Tuesday Texas moves faster than almost anywhere else, and that single fact shapes every option you have. Most Texas mortgages are foreclosed without a lawsuit, under the process in Texas Property Code Section 51.002. There is no judge to slow things down, so the calendar does the work instead. Two dates matter. The notice of default gives you a window to cure the arrears before the lender accelerates the loan and demand