Can my mortgage Company hire an attorney and foreclose on my home

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Can my mortgage Company hire an attorney and foreclose on my home

I have a property in Mansfield, TX and I am going through the process of a
modification and they have already referred me to an attorney. Is that legal and
is there a way for me to save my home even though this is a nonjudical state.

Asked on June 13, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Mediation is voluntary: it is an attempt to try to resolve matters, but is not a binding legal process. As such, they can start the foreclosure process even while mediating--that way, if they can't resolve it successfully, they don't lose time in terms of initating the foreclosure (i.e. if the mediation is not working, the foreclosure is alway in process).
The only way to save your house is generally to either pay the arrears or come to some payment plan or agreement with the mortgagee (the one holding your mortage; the lender). Once in a while, someone can find some some significant paperwork problem or deficit in the mortage, such as a failure to have advised you properly of your rights or to disclose the costs properly, and when you can find such, that can provide a basis to at least delay, and sometimes prevent, foreclosure. You are not likely to find such yourself, as a non-lawyer (the errors to look for are very "technical"), but if you have the money for an attorney, you may wish to consult with a lawyer who handles foreclosure defense work. The odds are against finding sucha fortunate error, but it does occasionally happen.
Filing bankruptcy will not prevent foreclosure but will delay it by several months.


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