Legal Question in Real Estate Law in Texas

Lender sold my house without notice

In January I sent in my regular payment . A few days later I recieved a letter saying I owed $480 which was a payment and a half. I recieved my check back a few days later. I tried to contact my lender via phone and mail to find out what was happening they never returned my vcalls or letters. In March I recieve a letter from their attorney that my account has been referred to them. After several phone calls I get a reenstatement quote and was given ONE day to pay it I told them that I could send half then and the rest by the end of the week they refused. My home was sold back to the lender on 6-5-01. I never recieved the notices from the attorneys. I called them last week and they faxed a copy of the notice that was sent It was dated 4-9-01 and said sale was 5-1-01 the copy that was sent to the courthouse they faxed saidn saole was 6-5. On 4-13 I recieved a breach of contract notice from the attorney giving me 30 days to pay. I'm confused Do I have any rights I can get a loan to payoff the mortage,


Asked on 7/15/01, 2:12 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Lender sold my house without notice

It appears that a statutory foreclosure occurred on your house. The procedure for doing such foreclosure must be followed precisely, if not the foreclosure is invalid. If a notice was given that the foreclosure was to be 5/1, a new notice must be given if that date is changed. If the foreclosure was valid, you no longer have rights of ownership. If the basis of the foreclosure was invalid, the lender's failure to accept your payment or the lender charging you a usurious interest rate to reinstate the loan, the foeclosure may be challenged. Larry Maun 713.266.2560

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Answered on 7/16/01, 1:46 pm


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