Foreclosure
General Information
Note Foreclosure procedures may be impacted by the COVID-19 pandemic. Please see the Homeowners page on the COVID-19 & Texas Law research guide for current information related to COVID-19 and foreclosure.
About This Guide
This guide was created to provide information about the state and federal laws on foreclosure. Below you will find links to the text of Texas and federal law governing mortgages, resources that explain these laws in “plain English”, and information on who to contact if you are facing foreclosure.
Texas and Federal Law
Below you will find references to areas of the Texas Property Code and federal law that govern foreclosure and issues related to foreclosure. If you find these statutes difficult to understand, you may want to view the “plain English” resources on this page or speak to an attorney.
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Texas Property Code, Chapter 51
Discusses provisions generally applicable to liens. -
Section 347.356 of the Texas Finance Code
Discusses requirements for action to repossess, foreclose, or accelerate payment of entire debt on a manufactured home. -
Chapter 13 in Title 12 of the U.S. Code
This chapter of the United States Code deals with national housing. Several sections were amended by the Foreclosure Prevention Act of 2008.
Explained in “Plain English”
Because Texas and federal law may not be easy to understand, below you’ll find a collection of resources that help to explain the law in “plain English.”
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A Homeowner’s Rights Under Foreclosure [PDF]
This publication, written in 2009, from the Texas A&M University Real Estate Center discusses Texas laws on home foreclosures and the foreclosure process focusing on ways homeowners can protect their homes from improper foreclosures. -
Avoiding Foreclosure from the Federal Department of Housing and Urban Development
This page from HUD discusses options available to homeowners to help them avoid foreclosure. -
This publication from the Texas Young Lawyers Association provides an overview of Texas foreclosure law.
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Facing Foreclosure? (Federal Trade Commission)
This page from the FTC discusses scams that homeowners’ might encounter while facing foreclosure as well as where to go for help. -
A Texas real estate attorney provides this in-depth look at the foreclosure process in Texas.
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Foreclosure legal resources on Texas Law Help
This page from Texas Law Help contains all of their foreclosure legal resources. -
This page from the publisher Nolo provides links to summary of Texas foreclosure laws and articles about Texas foreclosure law.
Who Can I Contact?
Please include any information on guide specific state agencies or organizations in this box.
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This hotline, run by the nonprofit Homeownership Preservation Foundation, is staffed around the clock by housing counselors who can explain state and Federal law as well as discuss homeowners’ options with them.
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HUD: Talk to a Housing Counselor
This hotline allows you to speak with a HUD counselor who can answer questions about buying a home, renting, default, foreclosure avoidance, credit issues and reverse mortgages. -
This website from the federal government was designed to help homeowners avoid foreclosure through a variety of programs including lower interest rates and lower monthly payments.
E-Books from the Texas State Law Library
If you have a library account in good standing, you can check out an OverDrive e-book title or access our remote databases. Don’t have a library account? Texas residents can register for a library account from home! Learn more about how to register from home.
Below are e-book titles that may help you with your research on foreclosure.
Indiana is Well Served by Foreclosure Defense Lawyer Chase Haller of the Neighborhood Christian Legal Network
Haller, Foreclosure Defense Lawyer, Indiana: I do not think the average person understands how severe the housing crisis is in Indianapolis.
Prevailing Homeowner Terri Page versus Deutsche Bank for Attorney Fees Reaches Florida Supreme Court
Foreclosure Defense Attorney Nicole Moskowitz appears before the Florida Supreme Court to argue landmark foreclosure case against Deutsche Bank for legal fees.
Former Florida Foreclosure Defense Lawyer Indicted
Former Florida Foreclosure Defense Attorney James Lee Clark indicted on many charges, including bankruptcy fraud, and eight counts of wire fraud.
Books at the Texas State Law Library
Below are some of the library resources that can provide further guidance on this topic. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.
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