Wrongful Foreclosure in TexasBy Malaise Law Firm
Jan. 2, 2012 3:55p
There are cases where homeowners who faithfully made all of their mortgage payments on time, still became the victims of wrongful foreclosure. Lenders, like some credit card companies, have failed to give credit for mortgage payments or they have overcharged late fees and other mortgage costs. Not such a big deal when it's your personal credit card, however when these failures to apply payments or overcharges affect your mortgage, you run the risk of losing your home to foreclosure. People have even lost their homes when a very important notice was simply mailed to the wrong address.
Homeowners have recourse for wrongful foreclosures in Texas. If there are grounds for claiming that the documents (the note or deed of trust) were somehow defective or if the notices leading up to foreclosure were somehow defective, or if the sale itself was conducted improperly, a suit for wrongful foreclosure can be filed against the mortgage lender. Other examples in which banks can error in the foreclosure process could include:
- Improperly sending out a notice of default before commencing the foreclosure process
- Failure to send out the notice of acceleration
- Improperly sending out the notice of sale
- Not sending out the notice of sale through certified mail
- Initiating foreclosure when the barrower was not in default
- Telling the barrower the foreclosure would not proceed, yet doing so anyways
Houston Wrongful Foreclosure Defense Attorney
If your mortgage lender has engaged in any of the above violations, they are subject to liability for a wrongful foreclosure and you may be entitled to compensation. There are several ways in which a wrongful foreclosure suit may be handled and a few examples are: you may be entitled to a Temporary Restraining Order (TRO), which can stop the foreclosure process before the sale. You may be able to seek a rescission, which would undo the transaction or you may seek damages. Whichever direction best suits your particular situation, a Houston wrongful foreclosure defense attorney at the Malaise Law Firm can help you determine if filing a suit against your mortgage lender for a wrongful foreclosure is possible.
Contact a Houston Wrongful Foreclosure Defense Attorneyat our firm for a free consultation.
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