Texas Mobile Home Foreclosure Process
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Judicial Foreclosure
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In a judicial foreclosure, the lender files a foreclosure lawsuit against you, also known as a notice of default or a Lis Pendens, in the circuit court. This occurs after it has failed in its attempts to get you to cure the default. Depending on the court's schedule, you will be served papers soon after informing you of the lawsuit and requiring that you file an answer. Your response to the suit is the next step in the foreclosure process and could actually buy you some time, depending on when you file. If you file your answer at the last possible moment you can take advantage of the foreclosure time line, which is already a short one to begin with. While the court process is going on, you can work on bringing your loan current or sell the property.
When the court receives your answer, a foreclosure hearing is scheduled. This typically takes a few weeks. At the hearing, the judge will examine the facts of the case against you and your answer to the summons. You may also ask the judge to give you more time if you are trying to bring your loan current or sell the house. If the judge agrees, he will schedule a follow-up hearing at which time you should have made some progress with your plan. Based on the specifics of your case, the judge may either give you even more time or render a judgment against you if you are unable to pay what you owe. If a foreclosure judgment is entered against you, a sale date will be set to auction your property so that the bank can recover what it is owed. The auction is a public sale and anybody can bid on the property. If nobody buys it, it becomes an REO or bank-owned property. If you fail to file an answer to a foreclosure summons and do not appear at a hearing, the process will go on without you, following the normal foreclosure time line.
Non-Judicial Foreclosure
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In a non-judicial foreclosure after your lender has been unsuccessful in getting you to bring your mortgage current, it informs you in a letter of its intent to foreclose. It then files a notice of foreclosure with the clerk of the circuit court. It also posts a notice of sale on the door of the circuit court to take place within 21 days. A copy of the notice is sent to the homeowner. If the homeowner is unable to cure the default within 21 days, the home is sold on the court house steps in a public auction. The sale is final and there is no right of redemption.
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