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Houston Foreclosure Defense
Get Houston Area Foreclosure Help From Vilt Law
We help level the playing field – the lenders have a stable of lawyers to protect their rights so you likewise need competent help in order to save your home. Realizing that your home is necessary for your family to have peace in their life, you need to hire the best attorneys in order to save your home. If you have been dealing with unexpected circumstances such as a lost job, car wreck, recent death in the family, or divorce you need stability in your life and you need it now – that’s why we are here. You should take immediate action to find an attorney to represent you so you can go back to sleeping well again.
Fight back to save your home. Just because your future looks grim does not mean that you should give up. Instead, you should utilize Vilt Law’s experience legal team in order to obtain the best possible solution – save your home.
Bankruptcy is NOT the solution. Filing bankruptcy is like using a band-aid when you need a tourniquet. It will merely stop the foreclosure sale for a brief period of time and, in the interim, ruin your credit score for the next 7 to 8 years. Instead, you should utilize Vilt Law’s experienced legal team to deploy its proven foreclosure defense strategy in order to save your home.
How We Help Houston Area Homeowners Stop Foreclosure
Houston is in a non-judicial foreclosure state. As such, the lender is merely required to mail the appropriate notice of default, provide a 30-day opportunity to cure, mail the notice of intent to accelerate the debt as well as the notice of acceleration of debt followed by mailing and posting a notice of foreclosure sale at least 21 days prior to the scheduled foreclosure sale. At that point in time, the lender is allowed to sell your home at the foreclosure sale.
Our process is complicated yet straight forward: we review your mortgage loan file, determine how the lender made mistakes when handling your mortgage loan, determine if the lender made false promises to you, and then prepare and file the appropriate lawsuit on your behalf. Our next step is likewise critical – we file a proposed temporary restraining order for the purpose of stopping the foreclosure sale and conduct the court hearing with the appropriate judge so we can save your home from foreclosure.
Loan Modification
What is a loan modification?
A loan modification is the revision of the terms of a mortgage loan whereby the principal balance, interest rate, and/or term of the mortgage loan has been revised based on the agreement of the lender and borrower.
What is the primary goal of a loan modification?
The primary goal of a loan modification is to create a win-win situation whereby the lender gets a fully performing loan and the borrower gets to keep their home so long as the borrower complies with the terms and conditions of the loan modification.
What are the primary benefits of a loan modification?
The most significant benefit of a loan modification is that the borrower returns to being on good terms with the lender and, as such, does not have to worry about enduring the foreclosure process and possibly losing their home. In addition, the monthly mortgage payments may be reduced as a result of the loan modification.
What are the common reasons why a borrow needs a loan modification?
The common reasons why a borrow needs a loan modification is due to becoming late on making on making their mortgage payments as a result of :
- COVID-19
- Long term illness
- Death in the family
- Job layoff
- Automobile accident
Foreclosure Litigation
What is foreclosure litigation?
Foreclosure litigation is the legal process whereby the lender claims that the borrower has failed to make all of the necessary mortgage loan payments in a timely manner; therefore, the lender claims that they have the right to sell the borrower’s property at a foreclosure sale.
How is the lender allowed to foreclose on a property?
A lender is allowed to sell a property at a foreclosure sale if they follow the proper steps set forth in Section 51.002 of the Texas Real Property Code as well as the terms and conditions set forth in the Deed of Trust.
What are the steps that the lender must take in order to foreclose?
The steps that the lender must take in order to foreclose on a property are as follows:
- Send a notice of default
- Allow a thirty-day period for the borrower to catch up on the amount owed
- Send a notice of intent to accelerate the mortgage loan debt
- Send a notice of acceleration of debt
- Send a notice of trustee’s sale at least 21 days prior to the foreclosure sale
- Post the notice of trustee’s sale at the proper location at least 21 days prior to the foreclosure sale
- Sell the property at the foreclosure sale location in a commercially reasonable manner
What is our process?
The attorneys at Vilt Law, P.C. will analyze your mortgage loan file to determine whether or not the lender failed to:
- Send a notice of the default
- Allow the borrower the 30-day opportunity to catch up on the mortgage loan balance
- Send the notice of intent to accelerate the mortgage loan debt
- Send a notice of acceleration of debt
- Send a notice of trustee’s sale at least 21 days prior to the foreclosure sale
- Post the notice of trustee’s sale at the proper location at least 21 days prior to the foreclosure sale
- Sell the property at the foreclosure sale location in a commercially reasonable manner
The attorneys at Vilt Law, P.C. will also analyze your mortgage loan file to determine whether or not the lender:
- Made promises to the borrower that the lender did not keep
- Made statements to the borrower which were deceitful
- Entered into a trial period payment plan with the borrower but failed to honor the terms and conditions of the trial period payment plan
- Entered into a trial period payment plan with the borrower but failed to accept any of the payments made by the borrower
- Entered into a loan modification agreement but failed to honor the terms and conditions of the agreement
- Entered into a loan modification agreement with the borrower but failed to accept any of the payments made by the borrower
Temporary Restraining Order
What is a temporary restraining order?
A temporary restraining order is a court order signed by a judge which will stop someone from taking certain action or require somebody to take certain action.
What is the primary purpose of a temporary restraining order?
The primary purpose of a temporary restraining order is to stop a lender from having the legal authority to sell the borrower’s property at a foreclosure sale. A temporary restraining order is the ultimate mechanism for stopping a foreclosure sale
Who is authorized to request a temporary restraining order?
Any attorney who is licensed in the state where the real property is located or where the owner of the real property resides has the authority to file a lawsuit as well as request a temporary restraining order on your behalf.
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