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Foreclosing Liens Houston Texas

chapter 13 bankruptcy

Foreclosing Liens Houston Texas

There are several types of liens that can used to foreclosure Houston Texas.  For a lien to be valid against the homestead, it must be one of the following types of liens:

1.  Purchase Money Liens

2.  Ad Valorem Taxes

3.  Mechanic’s and Material man’s Liens

4.  Owelty of Partition Lien

5.  Refinancing

6.  Home Equity Loan

7.  Reverse Mortgage

8.  Manufactured Home Refinancing

9.  Preexisting Lien that existed prior to claiming the dwelling as homestead

10. Federal Tax Liens

11. Homeowners liens

Foreclosure Liens Houston Texas takes place on the 1st Tuesday of every month at the family law center 1115 congress Houston, Texas between 10 a.m. and 4 p.m.  Holidays do not stop the sales but a Hurricane may close the courthouse.  You must have had the note accelerated prior to the sale which means you had 30 days notice to cure.  After the 30 day notice, there is a 20 day notice for posting requirements.  Once the house is sold you become a tenant at sufferance.  Which means they have to go to the Justice court and get an order to have you removed.  Normally after the sale, you may have an additional 30 days before you move.  If you file a bankruptcy, it can be delayed for an additional two months if the sale has already occurred and you did not file the bankruptcy prior the sale.  Judgment liens cannot foreclosure in Texas but can cloud your title.  This can be frustrating if you have a buyer and title companies want a release prior to closing.  Once the sale has taken place the foreclosing entity and any surviving liens can sue you for a deficiency or issue a 1099.  In either a chapter 13 or a chapter 7 bankruptcy, both fact patters can be avoided.

About the Author

Eric Southward is the managing attorney at Busby & Associates Attorney and Counselors at Law P.C.  He has 14 years of bankruptcy practice behind him which include over 5,000 bankruptcy cases he has prosecuted for families, small business, and individuals.

Please visit our website for more information about us and bankruptcy.

Call us today at (713) 974-1151 to schedule a no-obligation consultation or feel free to email us at [email protected].

We provide bankruptcy services in the greater Houston metro area including the cities of Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston. We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown and Channelview.

We handle bankruptcy cases in all of these counties: Brazoria, Chambers, Galveston, Matagorda, Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, Wharton


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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.