Personal Property and Real Estate Foreclosure Laws in Texas

man holding house keys

By Michael Pezzulli
Business and Consumer Litigation Practice Skills Course presented to The State Bar of Texas, June 2016

Texas is extraordinarily lender-friendly when compared to other states. The ease with which a lender can gain title to a borrower’s real estate through nonjudicial foreclosure in Texas is unrivaled.

Lenders must still strictly comply with certain statutory and judicially imposed requirements – and when they fail to do so, the borrower can challenge an attempted foreclosure.

The main areas of attack, and alternatives available to borrowers to keep a title or regain it from the lender, are covered in this paper. In addition, I analyze the actions a lender must take to successfully conclude a foreclosure.

The primary focus of this paper is on the challenges to a posted foreclosure prior to actual foreclosure. Consideration is also given to appeals when a temporary injunction is denied, and post-sale challenges for rescission or wrongful foreclosure. UCC Article 9, which speaks to security interests in personal property, is presented as well – specifically, security interest attachment, perfection repossession and liquidation.

Read more here.

Contact Us
Contact Information