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Houston Legal Representation for Foreclosures

Wilhite & Associates, P.C. real estate attorneys proficiently represent homeowners dealing with home foreclosure matters. Our Houston civil law firm assists our clients in protecting their home, family, and credit. For over 40 years, we have successfully provided guidance to clients by assisting them in many phases, helping them to avoid a foreclosure, avoid any deficiency judgments after a foreclosure. We have also assisted in delaying a foreclosure sale providing our clients with additional time to vacate or sell their home. Contact us for foreclosure representation throughout Harris County including Houston, Northwest Houston, Champions, Spring, Tomball, Klein, the FM 1960 area, as well as The Woodlands and Conroe in Montgomery County.

Non-Judicial Foreclosures

Non-judicial foreclosures are governed by Chapter 51 of the Texas Property Code. Foreclosures are administered by a mortgage servicer. A mortgage servicer is the last person to whom a mortgagor has been instructed to send payments for the debt secured by the mortgagee. TEX. PROP. CODE § 51.0001(3). A mortgage servicer may be the mortgagee or another person or persons authorized by the mortgagee to service the mortgage. TEX. PROP. CODE § 51.0025(1). The actual foreclosure sale is conducted by a trustee - a person authorized to exercise the power of sale under the terms of a security instrument. TEX. PROP. CODE § 51.0001(8). A substitute trustee may be appointed by the current mortgagee or mortgage servicer. TEX. PROP. CODE § 51.0075(c).

The Code outlines two separate notice requirements: the first is notice of default; and the second is notice of sale. Requirements are also given for the actual foreclosure sale.

Notice of Default

First, if the real property is used as the debtor’s residence, the creditor must give the debtor written notice of the default and allow the debtor twenty (20) days to cure the default before giving notice of the foreclosure sale. TEX. PROP. CODE § 51.002(d). The notice must be sent by certified mail to the debtor’s last known address. TEX. PROP. CODE § 51.002(e). There is a presumption that the debtor’s residential address is to be used for purposes of sending notice unless the debtor notifies the creditor otherwise. It is important to note, however, that if the real property is not used as the debtor’s residence, this notice is not necessary.

Notice of Sale

The creditor must give at least twenty-one (21) days notice before the date of the sale. TEX. PROP. CODE § 51.002(b). Notice must be given to each debtor who, according to the records of the creditor, is obligated to pay the debt. TEX. PROP. CODE § 51.002(b)(1). Further, the notice must be posted at the county courthouse of each county in which the property is located and must designate the county in which the property will be sold. TEX. PROP. CODE § 51.002(b)(1). Notice of the sale must also be filed with the county clerk of each county in which the property is located. TEX. PROP. CODE § 51.002(b)(2).

The notice must state the time and place of the sale. The commissioner’s court normally designates the area at the courthouse where the sales are to take place. TEX. PROP. CODE § 51.002(a). The commissioner’s court may also designate an area other than an area at the courthouse, provided that the area is a public place within a reasonable proximity of the county courthouse and in a location that is as accessible to the public as the courthouse door. TEX. PROP. CODE. § 51.002(h). However, if the commissioner’s court fails to designate an area, the notice of the sale must designate the area where the sale is to take place, and the sale must occur in that area. TEX. PROP. CODE § 51.002(a). Additionally, the notice must designate the earliest time at which the sale will begin, it must begin between the hours of 10a.m. and 4p.m., and the sale must take place within three hours after the specified time. TEX. PROP. CODE § 51.002(c).

If the foreclosure is being administered by and through a mortgage servicer, the notice must disclose that the mortgage servicer is representing the mortgagee and must give the mortgage servicer’s address. Further, the notice must provide the name of the morgagee, as well as the mortgagee’s address. TEX. PROP. CODE § 51.0025. The notice must also disclose the name and street address of the trustee or the substitute trustee. TEX. PROP. CODE § 51.0075(e).

Requirements for Sale

The sale must be a public auction with the property going to the highest bidder for cash. TEX. PROP. CODE § 51.002(a). It must be conducted by a trustee or a substitute trustee on the first Tuesday of a month. TEX. PROP. CODE § 51.002(a). The auction must take place within three hours of the time specified in the notice and must be between the hours of 10 a.m. and 4 p.m. TEX. PROP. CODE §§ 51.002(a)-(c). The auction must take place in the area designated by the county commissioner’s court or, if the commissioner failed to designate an area, in the area specified in the notice of sale. TEX. PROP. CODE § 51.002(a).

The purchase price of the real estate is payable immediately on acceptance of the bid by the trustee or substitute trustee. TEX. PROP. CODE § 51.0075(f). The trustee must then disburse funds as provided by law. TEX. PROP. CODE § 51.0075(f). The purchaser at the foreclosure sale buys the land “as is,” with no warranties other than warranties of title. TEX. PROP. CODE § 51.009. A purchaser at a foreclosure sale is not considered a consumer. TEX. PROP. CODE § 51.009.

Wilhite & Associates, P.C. | Houston Civil Litigation Lawyers

Wilhite & Associates, P.C. Attorney at Law are experienced in representing clients for residential foreclosures. Contact us for legal representation in regards to protecting your investment. Call (281) 537-2171 or submit brief information on your situation in our online form and you will be contacted promptly. Wilhite & Associates, P.C. handles Foreclosure matters in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.

Wilhite & Associates, P.C. represents clients from all over Southeast Texas, including:

Harris County - Aldine, Atascocita, Barrett, Barker, Baytown, Bellaire, Brownwood, Bunker Hill Village, Channelview, Clear Lake, Cloverleaf, Crosby, Cypress, Deer Park, East Houston, El Lago, Galena Park, Hedwig Village, Highlands, Hilshire Village, Houston, Hudson, Humble, Hunters Creek Village, Jacinto City, Jersey Village, Katy, Kingwood, Klein, La Porte, Louetta, Lynchburg, Nassau Bay, North Houston, Pasadena, Piney Point Village, Seabrook, Sheldon, Shoreacres, South Houston, Southside Place, Spring, Spring Valley, Taylor Lake Village, Tomball, Webster, West University Place

Montgomery County - Conroe, Cut and Shoot, Magnolia, Montgomery, Oak Ridge North, Panorama Village, Patton Village, Roman Forest, Shenandoah, Splendora, Stagecoach, Willis, Woodbranch, Woodloch, The Woodlands

Fort Bend County - Arcola, Beasley, Fairchilds, Fulshear, Kendleton, Meadows Place, Missouri City, Needville, Orchard, Pleak, Richmond, Rosenberg, Simonton, Stafford, Sugar Land, Thompsons

Waller County - Brookshire, Hempstead, Pattison, Pine Island, Prairie View, Waller

Grimes County - Anderson, Bedias, Iola, Navasota, Todd Mission

Washington County - Brenham, Burton, Chappell Hill

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This site is sponsored by George W. Wilhite, P.C. Our principal office is located in Harris County, Texas at 17101 Kuykendahl Rd., Houston, TX 77068.

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