LUSKY & ASSOCIATES, P.C. is a Small Boutique Law Firm with a practice emphasis in Consumer & Business Bankruptcy Law and Debtor-Creditor Relations for over 30 years.

Is My House Set For Forclosure?

Often times, we are contacted by clients who are unsure if their house has been posted for foreclosure.  Fortunately in Texas, there are plenty of notices that must be sent out to signal whether your house is set to be foreclosed.  In addition, you may be able to search Dallas foreclosure notices online depending on your county.  Another indication that your home has been set for foreclosure is if you begin to receive letters from attorneys or other companies offering to help save your home.

In Texas, the mortgage company is required to send you two different notices before the house can be posted for foreclosure.  The first notice is often in the form of an “Acceleration Notice.”  This notice must be sent by certified mail.  It is also required to allow you 20 days to cure any default on your mortgage.

The second notice is the “Notice of Sale,” which will list the time and date that the foreclosure sale will take place.  This notice must sent at least 21 days before the foreclosure sale by certified mail.

In Texas, foreclosure auctions only take place on the first Tuesday of the month.  If you believe your house may be set for foreclosure, do not wait to contact an attorney.  Waiting until the Monday before the foreclosure sale takes place may not give the attorney enough time to gather all the necessary information to assist you in preventing or delaying the foreclosure.  Always check your certified mail!  The sooner you know about the problem, the quicker you can begin the process to resolve the default and stop the foreclosure.  If you decide to file, a Chapter 13 Bankruptcy may help you save your home and catch up on past due payments over a period of 36 to 60 months.

Certain counties post the foreclosure notices online.  If your home is in Dallas County, you can search for foreclosure notices at http://www.dallascounty.org/department/countyclerk/foreclosures.php.  Collin county foreclosure notices, including Plano, can be found at http://public1.co.collin.tx.us/ccclerks_notices/default.aspx.