Foreclosure can have emotional, financial, and legal consequences. The fear of losing your home is real, but it’s essential to know that homeowners in Texas have legal protections and options to fight back.
Whether you’re simply behind on your mortgage payments, have received a notice of default, or are already a party to a foreclosure action, you may still have time to act.
At the Law Office of Carrie L. Weir, a trusted foreclosure lawyer in Texas, we help clients respond to foreclosure proceedings in Texas, working with them to implement strategies to save their home with confidence.
What Triggers Foreclosure in Texas?
In Texas, foreclosure can move quickly, especially under the non-judicial foreclosure process used by most lenders. The process typically begins after you’ve missed several monthly mortgage payments. Once you are legally in default, the lender will typically issue a notice of default and intent to accelerate the loan. The lender can then proceed with a foreclosure sale in as little as 41 days if no resolution is reached.
Legal Strategies To Stop Foreclosure
If you’re behind on your mortgage, several legal strategies can help you stop foreclosure in Texas and keep your home:
- Chapter 13 Bankruptcy – Allows you to catch up on missed payments over time through a court-approved repayment plan—a powerful tool to stop foreclosure immediately.
- Loan Modification – You may be able to renegotiate your loan’s terms—such as interest rate or duration—to make payments more manageable.
- Forbearance Agreement – Temporarily pauses or reduces your payments, giving you time to stabilize your finances.
- Reinstatement – Paying all past-due amounts in a lump sum can restore your loan to good standing.
- Litigation or Foreclosure Defense – A foreclosure defense attorney can challenge improper lender actions or procedural violations in court.
How Chapter 13 Bankruptcy Can Help
Filing for Chapter 13 bankruptcy in Texas triggers an automatic stay, which immediately suspends any foreclosure proceedings.
Unlike Chapter 7, which liquidates assets, Chapter 13 allows you to keep your home and catch up on mortgage payments over a three-to-five-year period.
This structured repayment plan gives you time to recover financially while staying current on your payments. Chapter 13 is ideal for homeowners with regular income who need to stop foreclosure and avoid losing valuable property.
Read Also: The Impact of Bankruptcy on Credit Card Debt
Take Action Today to Protect Your Home
Notice of a foreclosure proceeding doesn’t have to mean the end of homeownership. With the right legal strategy and timely action, you can stop the sale and protect your most important asset. At the Law Office of Carrie L. Weir, we’ve helped countless Texas homeowners navigate complex foreclosure situations with confidence and clarity.
Contact our office online or call 972-772-3083 to schedule your free initial consultation. We proudly serve clients in Rockwall, Kaufman, Dallas, Collin, and surrounding counties with skilled, compassionate foreclosure defense.
FAQs
Is it too late to stop foreclosure once the process has started?
Not always. As long as your home hasn't been sold at auction, there may still be legal options, such as filing Chapter 13 to stop the process.
Does filing bankruptcy stop a scheduled foreclosure sale?
Yes. Filing triggers an automatic stay, which puts an immediate hold on foreclosure activity, including a scheduled sale, in most cases.
What's the difference between a loan modification and forbearance?
A loan modification permanently changes your loan terms. A forbearance is temporary relief, such as reduced or paused payments.
Can I avoid foreclosure without going to court?
Yes. Many cases are resolved through negotiations with the lender—like reinstatement, modification, or forbearance—without litigation.
When should I contact a foreclosure lawyer in Texas?
Immediately after receiving a notice of default or falling behind on payments. The sooner you act, the more solutions may be available.
