What Non Judicial Foreclosure Means in Texas If you have read that Texas is a non judicial foreclosure state and were not sure what that meant for you, this is the short version. It means the lender does not have to file a lawsuit or convince a judge before selling your house. The authority comes from your own loan documents. A Texas deed of trust contains a power of sale clause, and by signing it you granted a trustee the right to sell the property if you default. The l
Can a Texas HOA Really Foreclose on Your House Homeowners are usually stunned to learn that a homeowners association in Texas can foreclose over assessments that started as a few hundred dollars. It can, and the mechanism is straightforward enough that it catches people who were never really in financial trouble at all. Most Texas subdivisions record a declaration of covenants that creates a lien on every lot for unpaid assessments. When dues go unpaid, late fees, i
Texas Homestead Protection and Forced Sale Texas homestead protection is among the strongest in the country, and it is widely misunderstood by the people it protects. Homeowners assume it shields the house from everything. It does not, and knowing which debts pierce it tells you how much trouble you are actually in. The protection sits in the Texas Constitution, Article XVI, Section 50, and it shields the homestead from forced sale for most general debts. A credit card c