Dallas Failure to Provide Notice Lawyers
At Gagnon, Peacock & Vereeke, P.C., our wrongful foreclosure attorneys are ready to fight for you. If the bank did not provide official and adequate notice of their intent to foreclose on your home, you may be able to take legal action to prevent the foreclosure from happening. You should not surrender your property without first consulting with an experienced foreclosure defense attorney about your rights and your options so contact Gagnon, Peacock & Vereeke, P.C. immediately for help.
We know that your home is more than just a collection of lumber, bricks, and cement. Unfortunately, your family’s place of comfort and security may be threatened when you fall behind on your mortgage payments and are facing the possibility of foreclosure. Facing foreclosure can be extremely difficult and stressful, impacting almost every part of your life as worry about whether you can stay in your home or where you are going to live if foreclosed on. If the party foreclosing on your house didn’t follow the law, however, and failed to provide you with a notice of missed or insufficient payments, you have the chance to take legal action.
By law, banks have to give you a notice on late or insufficient payments, as well as a notice of foreclosure so you have time to catch up on your payments or take some other action to stay in your home. If you don’t have the information you need, you aren’t able to take action and prevent it. Fortunately, you don’t have to face it alone and can, in fact, fight back. At Gagnon, Peacock & Vereeke, P.C., our experienced real estate attorneys can help protect your rights. If you or someone you know has been the victim of wrongful foreclosure by not receiving the proper notice or warning, contact the Dallas wrongful foreclosure attorneys today by calling (214) 317-4448 or fill out a contact form on our website.
Why Choose Us?
Wrongful foreclosure cases can be extremely complicated and nuanced, and while it may be tempting to argue your case yourself, you need the experience and expertise of a wrongful foreclosure attorney. But finding the right one can be an excursion of its own. At Gagnon, Peacock & Vereeke, P.C., our clients are our neighbors and friends in our community. When they hurt, we hurt, and that means you’ll get the best possible care available. Our firm has been here for over 30 years, and our team of Dallas lawyers has decades of experience standing up to landlords or mortgage companies every day to help you keep your home. Contact us today and schedule a free consultation to go over the details of your case.
What Paperwork Should I Receive?
The federal Consumer Financial Protection Bureau states that a lender must wait until you are 120 days behind your mortgage payments before giving the first notice or filing of any foreclosure. In Texas, the law also requires lenders to send the following before foreclosing:
- Breach of demand letter: notifies lender the loan is in default specifying the action required and a certain date (typically 30 days after notice is given).
- Notice of default/intent to accelerate: sent by mail at least 20 days before notice of sale is given. In some cases, the breach of demand letter can count.
- Notice of sale: the final notice has to be given at least 21 days before the foreclosure sale to the notify borrower of intent to sell as well as the date, time, and location of the sale.
Your bank may provide notice before the 120th day in the form of a letter or phone call to inform you that you’re overdue on your payment and explain any loss mitigation options. This is not the same as a late notice, and your lender may not claim it is.
Do I Have a Case?
Whether you experience an accident or lose your job, life happens and unexpected expenses come up. When this happens, you may miss a mortgage payment. But if lenders move forward with the foreclosure process without notifying you or giving you a chance to pay, they act outside the law. Lenders often make procedural errors when handling these types of cases and may not send you the proper paperwork.
If you failed to receive proper warning and notice and want to proceed with a wrongful foreclosure case, there are typically two ways to go about.
- Judicial foreclosure: In the even of judicial foreclosure, lenders file the case in state court. After receiving a foreclosure complaint or petition as well as a summons, homeowners will then have an opportunity to argue their case.
- Nonjudicial foreclosure: In this scenario, foreclosures occur outside the courtroom without a hearing or any other chance to argue your case that you failed to receive proper paperwork. Here, a wrongful foreclosure lawyer will help you file a lawsuit and bring up procedural errors against the lender or landlord.
In Texas, most residential foreclosures are nonjudicial and the lender can foreclose if the deed of trust has a power of sale clause.
If your mortgage lender failed to send you a notice of default or breach letter, you have legal options and can force the lender to start the foreclosure process from the beginning, giving you time to catch up on your payments and keep your home. To learn more about your rights, contact the Dallas wrongful disclosure attorneys of Gagnon, Peacock & Vereeke, P.C. today at (214) 317-4448.