• September 04, 2020
  • Category: FAQ

According to data provided by the Federal Deposit Insurance Corporation (FDIC), approximately 250,000 foreclosures are initiated in the United States each year. For a homeowner, dealing with a foreclosure, or the possibility of foreclosure, can be deeply stressful, even traumatic. If you or your loved one is facing foreclosure in Texas, it is crucial that you have a basic understanding of relevant state and federal regulations. Here, our Dallas wrongful foreclosure lawyer provides an overview of the most important things that you need to know about the foreclosure laws in Texas. An Overview of Texas Foreclosure Laws Most Mortgages in Texas Have a Grace Period If you miss a single mortgage payment by a few days, it is not the end of the world — far from it. Most mortgages in Texas have a grace period, typically one that is between ten days and fifteen days. When possible, it is critical that you make your mortgage payments on time. Though, you should also familiarize yourself with the grace period that applies to your specific mortgage, so that you know if you are being charged an unfair late payment fee. Federal Law Generally Requires Lenders To Take Action During the Pre-Foreclosure Period For most mortgages, federal law (12 CFR § 1024.39) requires lenders to take certain actions during the pre-foreclosure period. The pre-foreclosure period is defined as the timeframe between when a payment was missed and the time when a foreclosure is actually initiated by the lender. During this period, mortgage lenders generally have a duty to follow certain early intervention requirements. More specifically, lenders should call the borrower and send a written notification letter.  If you are having trouble making your mortgage payments, you should take action during the pre-foreclosure period. You may be able to get a loan modification or some form of forbearance from your lender. Ignoring phone calls and letters from your lender will only create more problems. No Right of Redemption Under Texas Foreclosure Law One of the most important things that homeowners in Texas need to know about the state’s foreclosure laws is that there is no right of redemption. A right of redemption, which exists in some jurisdictions, give homeowners the right to repurchase a property for the same price that it was sold at in a foreclosure auction. As there is no general statutory right of redemption in Texas, borrowers have little to no opportunity to redeem a home once it has been sold in foreclosure. Texas Law Allows For Non Judicial Foreclosure In Texas, the overwhelming majority of foreclosures are non judicial foreclosures. Most mortgage agreements in the state contain a ‘power of sale’ clause, which grants a lender the right to foreclose on the property by itself — without taking the borrower to court. Unfortunately for homeowners in Texas, non judicial foreclosures typically proceed far more quickly than do judicial foreclosures. In fact, most non judicial foreclosures are completed within a few months, whereas judicial foreclosures can take more than a year. For this reason, financially distressed homeowners need to take immediate action to protect their rights. If you are falling behind on your mortgage or you have received a foreclosure notice, you should contact an experienced attorney right away. Following Foreclosure, a Lender May Seek a Deficiency Judgment With some limited exceptions, foreclosure sales typically do not satisfy the full amount of the defaulted mortgage. As a result, lenders may attempt to take additional action to hold the foreclosed-upon borrower personally liable for the remaining amount. This is done through a type of legal claim called a deficiency judgment or deficiency action. Facing a deficiency judgment after already being foreclosed upon can be devastating. If you find yourself facing a potential deficiency judgment, you need to know how to explore all of your available legal options. You may be entitled to an offset in the deficiency when accounting for the fair market value of the property that was foreclosed on. A Texas wrongful foreclosure attorney can protect you protect your legal rights.   Get Help From our Dallas, TX Wrongful Foreclosure Attorney Today At Khirallah PLLC, our Texas wrongful foreclosure lawyer is committed to providing effective, personalized legal representation to homeowners. If you or your loved one is facing a wrongful foreclosure or has already been wrongfully foreclosed on, we are here to help. To set up a free, fully confidential review of your wrongful foreclosure case, please do not hesitate to contact our Dallas law office today.

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  • September 04, 2020
  • Category: FAQ

Facing an eviction is confusing, overwhelming, and deeply stressful. If you and your family are facing an eviction, you are certainly not alone. According to an estimate published by National Public Radio (NPR), 2.3 million eviction proceedings are filed in the United States each and every year. The rules and procedures for evictions vary from state to state. Unfortunately for tenants, Texas is one of the most landlord-friendly states in the entire country. Still, you can fight an eviction in Texas. Rachel E. Khirallah is an experienced Texas eviction defense lawyer. She is committed to protecting the rights of her clients. If you are facing eviction in North Texas, it is imperative that you take immediate action. The process can move extremely quickly. For a free, fully private consultation with a skilled Dallas eviction attorney, please contact our legal team today. How to Fight an Eviction in Texas: A Guide 1. Understand Texas Eviction Law As was mentioned, Texas is a landlord-friendly jurisdiction. If you are even a single day late on your rent, your landlord can start the eviction process. That being said, there is a process in place. Your landlord cannot simply barge into your home or apartment and start removing your things. As a tenant you have important legal rights. Under Texas state law (Chapter 24 of the Texas Property Code), there are rules and regulations that your landlord must follow when attempting to initiate an eviction. First and foremost, your landlord must give you adequate notice. Before filing for eviction, your landlord must give you at least three days written notice. The failure to do so is a violation of your rights. If you did not receive sufficient notice of eviction, call a lawyer right away. In addition, if you believe that you are being evicted for an illegal reason, you should discuss your case with an experienced attorney immediately. 2. Consider Your Options for Settlement In some cases, the best way to fight eviction is by working with your landlord. Of course, this is not a viable option in every eviction case; there are landlords who are simply not willing to be reasonable. A fair settlement may not be an achievable outcome. Still, in some cases, the best way to stop an eviction in Texas is to get the landlord to voluntarily halt the process. Working towards a settlement could be an option if you are behind on your rent, but you are currently in a position to make partial payments. It may be in the landlord’s financial interests to work out a deal with you. 3. Prepare for Your Day in Court All tenants have the right to challenge an eviction in court. Eviction cases start in a Texas Justice of the Peace Court. If your case is not successful there, you have five days to appeal the eviction. At the very least, fighting an eviction in court typically adds at least a month to the process. Though, it can certainly take longer than that for an eviction case to be fully resolved. As far as building a case to defend an eviction goes, you must directly address the landlord’s stated or unstated reasons for pursuing the eviction. Most of the time, landlords are seeking an eviction for non-payment of rent. If you pay the rent, that can be used as a valid defense. Though, you should consult with an experienced Texas eviction defense lawyer before submitting a payment — especially if you are already facing a court day. Another common defense to eviction is lack of adequate notice. If you did not receive proper notice, you may be able to successfully challenge the eviction. In addition, if your landlord violated your rights or the property was uninhabitable under Texas law, you might be able to successfully fight the eviction. Ultimately, all eviction cases are different. If you are facing an eviction in Texas, the best thing you can do is to consult with a qualified landlord-tenant lawyer immediately. Your lawyer will be able to review your case and help you determine the best path forward. Speak to Our Dallas, TX Eviction Defense Attorney Today At Khirallah PLLC, our Texas wrongful eviction lawyer is a strong, committed advocate for tenants. If you or your loved one is facing eviction in Texas, please know that you have important legal rights. Rachel E. Khirallah is an experienced real estate lawyer, she is prepared to help you challenge a wrongful eviction. To set up a free, strictly confidential review of your eviction case, contact our Dallas law office today.

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  • November 26, 2019
  • Category: FAQ

Whether you are having a problem with your mortgage lender, or dealing with a construction dispute, there is a lot on the line in a real estate dispute. You do not have to navigate these complex issues alone. If you are involved in a real estate dispute, you should speak to an experienced real estate attorney about your case. During an initial consultation, a real estate lawyer will be able to give you guidance on how to best protect your rights and move towards a successful resolution. At the office of Khirallah PLLC, our real estate attorney offers aggressive representation during any real estate dispute, and we will advocate for your best interests. Most Common Real Estate Disputes There are several types of disputes that can arise that require assistance from a real estate lawyer. For over a decade, Attorney Rachel Khirallah of Khirallah PLLC has focused on handling the full range of real estate disputes. She provides smart, efficient and aggressive representation for any dispute. Some of the most common real estate disputes in Texas include: Development and construction disputes; Commercial lease and residential lease disputes; Wrongful foreclosures; Failure to disclose defects; Reverse mortgage foreclosures; Title disputes, including claims against your title company; Property line and boundary disputes Breach of real estate contract disputes; Land use disputes including deed restriction disputes; and Real estate fraud. Regardless of the specific nature of your case, it is imperative that you consult with an experienced real estate litigation attorney right away. The sooner you take action, the easier it will be to find an effective solution. How Our Dallas Real Estate Lawyer Will Protect Your Rights We have extensive experience representing individuals and businesses in real estate matters. Our law firm is committed to providing clients with assertive, sophisticated, and fully personalized legal guidance. Among other things, our top-rated Texas real estate attorney will: Conduct a comprehensive review of your case; Explain your rights and options to you; Zealously represent you; Investigate your dispute — obtaining relevant documents and records, and always be ready for trial. Real estate disputes can be complicated. Our Texas Real Estate Lawyer aggressively works on your behalf to make sure your interests are protected and that best potential outcome possible. Get Help From a Texas Real Estate Litigation Attorney Today Rachel Khirallah is an experienced real estate litigation attorney. If you are involved in a real estate dispute, Attorney Khirallah is standing by, ready to help. Contact our legal team today for a fully confidential review of your case. With a law office in Dallas, we serve communities throughout North Texas.

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