Foreclosure

In Texas, unlike many other states, liens against real property may be foreclosed non-judicially without suing for a judgment ordering foreclosure. A foreclosure can usually take place in as little as 51 days, and some properties require even less time.

At Hammerle Finley, we have experience on both sides of the foreclosure docket. We have represented lenders in foreclosing on residential and commercial properties, and land-owners and tenants in fighting wrongful foreclosures. We have first-hand knowledge on the technicalities of foreclosure.

We are knowledgeable and experienced in:

Drafting or review of the Initial notice of default/right to cure/intent to accelerate;

Ordering or reviewing title, bankruptcy, federal tax lien and judicial records searches within 24 hours of receiving referral;

Drafting or review of all required notices of acceleration and notice of non-judicial foreclosure sale;

Post and file Notice of Non-judicial Foreclosure Sale;

Handle or make borrower inquiries regarding lender instructions in negotiating reinstatements, payoffs or forbearance plans with the borrowers.

Prepare or review all supporting foreclosure documentation, (Demand letters, Removal of Trustee and Appointment of Substitute Trustee, Notice of Non-judicial Foreclosure Sale, Military Affidavit, Notice to Appropriate Government Entities, Notice to Investor, Notice to Mortgage Insurance Co., etc.).

Conduct or attend the non-judicial foreclosure sale on the first available sale date pursuant to your bidding instructions.

Preparation or review of all post-sale documents (Notice Affidavit, Substitute Trustee's Deed, Special Warranty Deed and other required documents).

Record all documents in the real property records of the appropriate county.
Initiating or defending all litigation related to foreclosure, including Requests for Temporary Restraining Orders, Temporary Injunction hearings, and creditor bankruptcy hearings.