Legal Question in Real Estate Law in Texas


I have been threatened with foreclosure. I have been out of work for some time and just started back recently. I talked with the home lender and explained how I would be able to get caught up on the house notes. They explained that it was not good enough and was going to continue with foreclosure. My home is homestead in Texas. Is there a way I can keep them from taking my home?

Asked on 11/30/03, 9:23 pm

2 Answers from Attorneys

Robert Restivo Restivo Law Firm

Re: Foreclosure


Homesteading protects your residence from third party creditors ... if you were sued, for instance. It does not protect you from secured lenders ... either purchase money lenders or equity loans.

Usually a lender is happy to work with you to get caught up. Ask for the loss mitigation department at the mortgage company.

You can also file a Chapter 13 bankruptcy. This is commonly called a reorganization. It allows you to work out your debts and get things caught up and back on schedule.

Once filed, collection efforts ... including foreclosure ... are automatically halted. But, you must file before a sale. If the sale is scheduled for Tuesday, you must act quickly. You can find the forms online at the U.S. Court website (, or you can have a lawyer file for you. Usually, a lawyer will require a fee up front before filing. However, you may find one in your area that will work with you, given the timing.

Good luck.


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Answered on 11/30/03, 9:38 pm
Lawrence Maun Lawrence J. Maun, P.C.

Re: Foreclosure

I agree with the first response. In addition it is possible to go to state court and get a temporary restraining order (TRO). You do not have time to do this by tomorrow if your home is posted for sale then. Chap. 13 will stop the foreclosure. It will also allow you to spread the payment of the delinquencies on your home over three years. The cost of filing varies but you can expect to pay between 1000.00 and 2000.00 plus a $209.00 filing fee. Most lawyers will spread the fee over several months. Call if you wish to discuss. There is no charge. Larry Maun 713.266.2560

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Answered on 12/01/03, 9:49 am

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