When you miss a payment on your home loan, your lender can start the foreclosure process. According to data provided by RealtyTrac, approximately 40,000 foreclosures were initiated in Texas in 2018 alone. Unfortunately, lenders do not always act in good faith when foreclosing on borrowers. If you were the victim of a wrongful foreclosure, you deserve a lawyer knowledgeable in this area to help you.
At Khirallah PLLC, our wrongful foreclosure lawyer can help you determine whether you have a wrongful foreclosure case and how to protect your rights. Here, we provide an overview of what you need to prove to bring a successful wrongful foreclosure claim in Texas. Of course, if you have any specific questions about your case, you should contact an experienced wrongful foreclosure lawyer right away.
Texas Wrongful Foreclosure Cases
Before a foreclosure can occur, the lender must take the proper steps according to the law; and sometimes the proper steps are missed. To prevail in a wrongful foreclosure lawsuit, a borrower must prove that the lender, in some manner, engaged in improper conduct. In Texas, plaintiffs in a wrongful foreclosure case sue for various types of claims:
- Negligence
- Fraud
- Negligent misinterpretation
- Wrongful foreclosure
- Breach of contract
Cases Against Your Bank for Wrongfully Foreclosing on Your Home
A foreclosure is wrongful for many different reasons and Khirallah PLLC is here to make sure that lenders follow the rules; however, if they do not follow these rules, we are here to help the borrower. Some of the most common examples include:
- Processing errors in your loan;
- Miscommunication between the lender and other parties;
- Improper advice from lender — such as to fall behind on mortgage payments in order to qualify for a loan modification;
- Predatory tactics;
- Failure to give the proper notices;
- Failure to accelerate; and
- Misapplication of payments.
If you are facing foreclosure, it is imperative that you seek immediate assistance from a professional. You only have a limited amount of time to take action to protect your rights. Contact an experienced Texas wrongful foreclosure attorney immediately.
Remedies Available for Wrongful Foreclosures in Texas
Victims of wrongful foreclosure deserve justice. As a general matter, there are two types of remedies available in a Texas wrongful foreclosure lawsuit. If successful in pursuing a wrongful foreclosure claim, a plaintiff may be entitled to:
- Have the foreclosure proceedings halted and dismissed,
- Recover financial compensation for any damages, or
- Have the foreclosure sale voided.
Our law firm fights for the rights of borrowers who have faced an unlawful foreclosure on their home. If your mortgage lender violated the law, we will help you get justice and full and fair support for your damages.
Speak to Our Texas Wrongful Foreclosure Attorney Today
Rachel Khirallah is an experienced wrongful foreclosure lawyer. If you are wrongfully facing foreclosure or if your property has already been foreclosed upon, she can help. With an office in Dallas, attorney Khirallah serves clients throughout the region, including in Fort Worth, Arlington, Frisco, and Plano. Contact us today.
Rachel Khirallah
Rachel E. Khirallah is the founder of Khirallah, PLLC. She was admitted to the Texas Bar and U.S. District Court, Northern District of Texas in 2005 after graduating from Texas Tech University School of Law, and admitted to the U.S District Court, Eastern District of Texas in 2006.
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