Texas moves fast.
Most Texas home loans are secured by a deed of trust with a power of sale, which means the lender can foreclose without ever filing a lawsuit. Under Texas Property Code §51.002, a homeowner living in the property must receive written notice of default and at least 20 days to cure. After that, the notice of sale needs to go out only 21 days before the sale itself — held on the first Tuesday of the month, at the county courthouse. From the first missed payment to a completed sale can take only a few months.
That speed is why timing decides most of these matters. A homeowner who comes in after the notice of default has options. A homeowner who comes in the week before the sale still has some. A homeowner who comes in after the sale has far fewer. The first job is always the same: find out exactly where the file stands and what deadlines are running.
What this practice covers.
Loan modification and loss mitigation
Preparing and negotiating loan modification applications, forbearance and repayment plans, deferrals, and other loss-mitigation options with the servicer. Federal servicing rules under Regulation X give homeowners real procedural protections once a complete application is submitted — including limits on moving forward with a sale while a timely application is under review. The work is making sure the application is complete, documented, and on the record, and holding the servicer to the timelines the rules impose.
Stopping a scheduled sale
When a sale is already posted, the options narrow and the timing tightens. Depending on the facts, that can mean a negotiated postponement, a showing that the servicer has not followed its own obligations, or an application to a Texas court for a temporary restraining order and injunction to stop the sale while the dispute is heard.
Foreclosure litigation and servicer disputes
Claims arising from defective notices, misapplied payments, mishandled modification reviews, and other failures by the lender or servicer, including wrongful foreclosure claims. Cases filed in Texas state court are often removed by the servicer to federal court; the firm is admitted to the Northern District of Texas and handles those cases there.
Home equity loans and Rule 736 proceedings
Texas home equity loans and reverse mortgages cannot be foreclosed without a court order. Lenders typically seek that order through an expedited proceeding under Texas Rule of Civil Procedure 736, with short deadlines for the homeowner to respond. Those deadlines are easy to miss and important to meet.
After a sale
Review of whether a completed sale was properly conducted, defense of the eviction case that usually follows, and negotiation of move-out time or other terms where keeping the property is no longer realistic.