FORECLOSURE UPDATE INCLUDING FORECLOSING home equity LOANS W. MIKE BAGGETT, ESQ. Portions are reprinted from Texas Foreclosure: Law & Practice by W. Mike Baggett (Texas Practice Series, Vol. 15) by West Group. Reprinted by permission of the publ isher. Further reproduction is strictly prohibited.
· Mortgages and home equity loans are both loans in which you pledge your home as collateral. The bank lends up to 80% of the home’s appraised value or.
We have loan programs to help stop foreclosure. With the right help, virtually any foreclosure situation can be successfully resolved. We are a foreclosure bailout lender and have a variety of foreclosure loans and foreclosure bailout loan options to help stop foreclosure regardless of your situation or credit history.
Home Equity Loan Foreclosures Are Different. Under Texas law, a quasi-judicial process must be used to foreclose on home equity loans. The lender has to get a court order approving the foreclosure before conducting a nonjudicial foreclosure. Also, Texas law does not allow deficiency judgments following the foreclosure of a home equity loan.
An equity loan can cost you your home, just the same as a primary mortgage. Your equity loan is a contract. If you default on that contract, the other party, the lender, has the right to claim its collateral. The foreclosure process is more complicated when a home equity lender wants to foreclose, due to a first lien.
Your ability to discharge a home equity loan in bankruptcy depends on two critical factors: which chapter of bankruptcy you file and the home’s fair market value. If you file for Chapter 7 protection, your chances are nil if you want to keep the property. But if you file for Chapter 13, this form of bankruptcy can.
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It stands for Real Estate Owned, which means the property was once owned by a customer but has been returned to the mortgage holder. Buying a foreclosed home or other property may be less expensive but often must be purchased as-is. Property search. If you want to buy a foreclosure, we can help you find foreclosed properties in your area.
Home equity stays the property of a homeowner even in the event of a mortgage default and foreclosure on the home. But the foreclosure process can eat away at the equity. The following five points explain what home equity is, what happens to it during foreclosure and options to protect.
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