David A. Himes

It’s Possible To Stop Foreclosure

Last updated on October 20, 2023

If debts have piled up and you have been unable to make your last few mortgage payments, you may be at risk of losing your home in a foreclosure. As with all aspects of bankruptcy and debt reorganization, it is important to act promptly and not let the problem compound.

The bankruptcy lawyer at David A. Himes & Associates, PLLC, may be able to stop foreclosure and help you stay in your home, but not if you act too late.

Attorney Himes has several years of experience helping clients in Montgomery County and surrounding counties solve their debt issues through bankruptcy or other means. If you file for bankruptcy prior to your home being foreclosed, it immediately stops that process. You can then work with Attorney Himes to determine what options are realistic.

You may be able to work out a Chapter 13 bankruptcy repayment plan that allows you to stay in your home. Even if you decide that staying in your house is not feasible, you will likely have options that are preferable to foreclosure. Filing for Chapter 7 bankruptcy may give you time to sell your home and protect other important assets.

Acting Promptly Is Vital

It may be tempting to ignore letters sent by a lender or the county tax office regarding missed payments. Don’t. Initially, your lender may be willing to work with you to help you stay in your home and catch up on missed mortgage payments. The sooner you act – and the sooner you enlist the help of a knowledgeable attorney who has helped others in this situation – the more options you will have. Once the foreclosure process has been initiated, it is more difficult to stop.

A lender must follow a procedure to foreclose on a home in Texas. They must have the proper documents that prove the amount you owe, and they must inform you in writing that you are late on a payment. Most loans require lenders to provide a 10- to 15-day grace period before they can begin charging late fees. Finally, a lender needs to send a certified letter to your address. This part is crucial. If they don’t, a foreclosure lawyer may be able to get your case thrown out of court.

It May Make Sense To Litigate

If you are unable to solve your foreclosure dispute out of court, a foreclosure litigation attorney will be your best resource. A foreclosure litigation attorney needs to have a specific set of skills. First, they must be attentive to details. They also need to be fierce litigators. A foreclosure litigation attorney’s job is to go toe-to-toe with banks and other lawyers. Finally, they need to understand the law and be able to apply it to each client’s specific scenario. Plus, they need to be able to do it well enough to convince a judge.

David A. Himes & Associates, PLLC, brings all of these characteristics to the table. Our team includes a foreclosure litigation attorney who ticks all the boxes you should be looking for. When you need a fierce advocate in and out of the courtroom, call 936-310-2990 or reach us online. We will review the facts of your situation and recommend a way forward.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.