Legal Question in Real Estate Law in Texas

my question is,can someone foreclose my house,if i had an incident where there was a drive by shooting,now they want to foreclose or they told me i could sell house back to them.i do not understand,there has been cases worse than mine in neighborhood and i have always given my house pymt.never skipped a month in 15 years.


Asked on 1/12/10, 6:15 pm

1 Answer from Attorneys

The lender can begin foreclosure proceedings if you breached (failed to live up to) a covenant contained in the security instrument (typically, a note and deed of trust). You should contact the lender to find out which covenant it claims you breached. Perhaps the lender inspected the property after the drive-by shooting you mention and found that you have failed to repair. The standard Texas deed of trust contains covenants requiring the borrower to "promptly repair the property if damaged to avoid further deterioration or damage."

Whichever turns out to be the covenant the lender claims you breached, you as the borrower normally have the right to reinstate after accelaration (acceleration occurs when the lender declares a breach and calls all sums due and payable, effectively starting the foreclosure). You can find the specific details of this right, including time limits, delineated in your deed of trust under a section entitled "Borrower's Right to Reinstate." Thus, if for example the lender claims you failed to repair after the drive-by shooting, then you should promptly complete the needed repairs and inform your lender before the time alloted under the pertinent deed of trust provision expires.

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Answered on 1/19/10, 6:12 am


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