What is the foreclosure process like in my state?
In Texas, the foreclosure process can vary depending on the type of loan you have. Generally, it begins when your lender notifies you of your overdue loan payments. The lender will then file a petition to foreclose on your property. This is when you should receive notice from the court and the lender must present you with a Notice to Homeowner of Foreclosure Rights and Duties. At this point, you have the right to contest the foreclosure if you can establish that the lender has not followed the proper legal process. As part of your foreclosure defense, you can object to the foreclosure, raise any legal or factual defenses you may have, and/or present evidence to the court that supports your case. You then have the right to attend the court hearing that establishes your foreclosure, and the court will decide if your foreclosure can continue. If the court rules against you, it will issue an order allowing the lender to take lawful possession of the property. If the foreclosure is successful, you will need to vacate your property within a specific period of time, which is usually 21 days. After vacating the property, the lender will take legal possession of it and try to sell it to a third party to pay off your debt. In some cases, the lender may also be able to obtain a deficiency judgment against you, which means you can still be held responsible for any outstanding loan balance after the sale of the property.
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