Avoiding Foreclosure

Options for Avoiding Foreclosure

For those struggling to pay their mortgage and at risk of losing their home, there may be options available to help you avoid foreclosure. See the links below for more information.

Get Help If You Can’t Pay Your Mortgage
An online tool created by Lone Star Legal Aid to help people better understand where they are in the foreclosure process with tools they can use to help try and stay in their home.
Your Options to Avoid Foreclosure
This article from legal self-help publisher Nolo discusses ways to avoid foreclosure such as loan modification, refinancing, and bankruptcy.
Avoiding Foreclosure
Resources from the U.S. Department of Housing & Urban Development (HUD) on programs available to homeowners who are at risk of foreclosure.
When Paying the Mortgage is a Struggle
Information from the Federal Trade Commission (FTC) on how to help save your home, and how to recognize and avoid foreclosure scams.

Beware of Scams!

Scammers will target homeowners facing foreclosure, so it is important to look into a company before doing business with them. Regulations from the Consumer Financial Protection Bureau, 12 CFR Section 1015.5 makes it illegal for mortgage relief companies to charge you upfront fees. See the links below for tips on what to look out for to avoid scams.

Beware of Foreclosure Rescue Scams
Information from the federal Making Home Affordable program on how to avoid foreclosure scams.
Mortgage Relief Scams
Information from the Federal Trade Commission on how to avoid foreclosure scams.

Protections for Active Duty Servicemembers

The Servicemembers Civil Relief Act (SCRA) provides some foreclosure protections for servicemembers on active duty. See the links below for more information.

Federal Law

Chapter 50 in Title 50 of the U.S. Code
Federal law governing civil relief for servicemembers. See Subchapter III for sections regarding the foreclosure protections for those on active duty.

Texas Law

Section 51.015 of the Texas Property Code
State law governing foreclosures involving members of the military.

Understanding the Law

As a servicemember, am I protected against foreclosure?
Information from the federal Consumer Financial Protection Bureau on the Servicemembers Civil Relief Act (SCRA) and the foreclosure protections it offers for servicemembers.
Foreclosure Protections & the Military: When a Servicemember Gets a Mortgage Before Active Duty
An article from legal self-help publisher Nolo on the protections offered by the SCRA to servicemembers facing foreclosure on a mortgage entered into before being called to active duty.
Foreclosure Protections & the Military: When a Servicemember Gets a Mortgage After Going on Active Duty
An article from legal self-help publisher Nolo on protections offered by the SCRA for servicemembers on mortgages they entered into after being called to active duty.

Who to Contact for Help

Homeowner's HOPE hotline
This hotline, run by the nonprofit Homeownership Preservation Foundation, is staffed around the clock by housing counselors who can explain state and Federal law as well as discuss homeowners' options with them.
Find a Foreclosure Avoidance Counselor
A search for housing agencies, approved by the U.S. Department of Housing and Urban Development (HUD), who are available to provide you with the information and assistance you need to avoid foreclosure.
VA help to avoid foreclosure
if you are a veteran, a surviving spouse of a veteran or have a VA-backed mortgage, the Department of Veterans Affairs (VA) loan technicians can try and help you avoid foreclosure and keep your house.

E-Books from the Texas State Law Library

You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online .

Texas foreclosure manual
This State Bar of Texas manual covers foreclosure laws and procedures in Texas including debt collection, secured loans, bid evaluation, alternatives to foreclosure, and the specifics of foreclosure: notice of sale, conducting the sale, post-sale considerations, and penalties. Includes forms, foreclosure sale sites, and further Internet resources for all Texas counties.
Texas real estate guide
This multi-volume set of e-books provides comprehensive coverage of real property law. Volume 1, Ch. 8 discusses nonjudicial foreclosures. Volume 4, Ch. 53 discusses real property security interests and Ch. 70 discusses property tax foreclosures. Volume 5, Ch. 100, §103.06 discusses property owners' association foreclosures.
Home foreclosures : including reverse mortgages, tax liens, condominium liens, land installment sales, and seizure of manufactured homes
With a foreclosure crisis looming, attorneys and homeowners alike will benefit from the straightforward information and advice this volume offers about foreclosure procedures and defenses.
The foreclosure survival guide : keep your house or walk away with money in your pocket
"If you're one of the millions Americans who are having trouble making your mortgage payments or are already in jeopardy of foreclosure, this guide will give you the practical information you need, including: the ins and outs of foreclosure; how to decide if you should try to keep your house; federal programs to help you avoid foreclosure; alternatives to foreclosure, such as short sales and deeds in lieu; delaying or avoiding foreclosure with bankruptcy; and avoiding foreclosure scams." - publisher's description
Real estate finance law
"This treatise provides current, expert coverage on the law of mortgages, including the mortgagor-mortgagee relationship prior to foreclosure; mortgage substitutes; transfers by the mortgagor; transfers by the mortgagee; payment and prepayment; the foreclosure process; deficiency judgments and anti-deficiency regulation; priority issues; governmental intervention in the mortgage market; and financing real estate construction. " - publisher's description
Real estate finance in a nutshell
This nutshell provides a quick overview of real estate finance law and touches on the mortgage market, real estate financing devices, and the underlying obligation as well as rights and obligations after default and before foreclosure.