Legal Question in Real Estate Law in Texas
foreclosure of property
Intent to accelerate was filed by Loan Company May 28,2004. They did not foreclose. They have filed an intent to accelerate again on 28 February 2009. Can they do this?
Asked on 3/09/09, 4:40 pm
1 Answer from Attorneys
Re: foreclosure of property
Typically, the note and deed of trust state that they do not waive their rights by failing to exercise them. This means if they do this once and don't follow through, they can do it again, later--assuming they follow the instructions in the note/deed of trust and they follow Texas law regarding notice.
Answered on 3/15/09, 5:26 pm
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