San Antonio Foreclosure Lawyers

Find the right Foreclosure attorney in San Antonio, TX

Foreclosure Law in Texas

In San Antonio, Texas is a process authorizing a lender of a mortgage to take possession or ownership of the property that secured the mortgage in the first place, to cut their losses when a borrower defaults on his or her loan.

If an ordinary consumer faces foreclosure, it typically involves a home that was purchased with a mortgage from a bank. The bank will typically try to sell the house at a public option, with the hope of at least covering the remaining debt, to avoid taking a large loss.

In every state, including Texas, homeowners have the option to go through what is known as a foreclosure by judicial sale. Basically, this means a court will oversee the sale of the house to ensure that the bank makes reasonable efforts to sell it for as high a price as possible (to help avoid a deficiency that the borrower may have to pay), and to ensure that any money which might be left over from the sale (after the balance on the mortgage is paid) goes to the borrower.

In a large number of states, but not all of them, mortgages are a type of loan identified as a "non-recourse loan." While the regulations governing these loans are complex, it most basically means that, once the house is sold, and the sale price doesn't cover what the borrower owes, the lender can't go after the borrower for the remainder. They simply have to take the loss.

How to Possibly Avoid Foreclosure in San Antonio, Texas

To avoid foreclosure, communicating with your lender is key. Let's face it - if you're in a situation where foreclosure looks like a possibility, your life is not going to be easy for some time. While it's difficult to step up and acknowledge unpleasant facts, doing so will make your life much easier in the long run. If your lender is aware of your situation, it's far more likely that you'll be able to work something out with them.

You should remember that the bank doesn't really want your house. They issued a mortgage hoping to make a profit from interest, and that's what they'd much rather do. They aren't in the business of buying and managing real estate. Therefore, banks will sometimes go to surprising lengths to accommodate your financial hardship, especially if it's temporary.

If your financial situation suddenly changes, your lender may be willing to change the terms of your loan, at least temporarily, allowing for lower monthly payments. If this means that they will be able to get some money from you, with default as the alternative, it can become an attractive option for everyone involved.

As a last resort, some borrowers consider a "short sale." In a short sale, the homeowner sells the house to the highest bidder, and uses the proceeds to pay off the remaining debt. If there is any extra from the sale, it goes to the borrower. If the sale price is worth less than what's left of the mortgage in Texas, the remaining debt is excused.

Can a San Antonio, Texas real estate attorney help?

If you are facing foreclosure in San Antonio, Texas, and want to do everything practicable to save your house, the assistance of a knowledgeable real estate lawyer might prove invaluable.

Talk to a Real Estate Law Attorney now!

Life in San Antonio

San Antonio, Texas is a fun-filled with place something for everyone! For families, popular attractions include the River Walk for great dining, Sea World San Antonio, Six Flags Fiesta Texas, the San Antonio Zoo, and Calaveras Lake.

San Antonio also has some historical-oriented attractions such as Tower of the Americas, Buckhorn Saloon and Museum, Alamo, San Antonio Missions National Historical Park, and San Fernando Cathedral. Other popular attractions are the McNay Art Museum, Swig Martini Bar, and Ripey's Believe It or Not/Plaza Theatre of Wax.

San Antonio is also home to many law firms that practice in all areas of law. Therefore, whether a case be major or minor, no legal inquiry will be unattended in San Antonio, Texas.

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