A right of redemption provides the homeowner the opportunity to purchase back his home after a foreclosure. Borrowers who want to redeem their homes must be able to pay the entire loan balance plus associated fees. In Texas, a homeowner's right of redemption depends on the type of foreclosure. Laws apply to the specific type of foreclosure.
If a home is foreclosed in Texas by the bank or mortgage company due to non-payment, there is no right of redemption. Even though both judicial and non-judicial foreclosure are allowed, the law does not allow homeowners the right to reclaim their home. Homeowners are given the opportunity to pay the delinquent amount 20 days before the foreclosure process begins. If the homeowner does not pay, the loan is accelerated, which means the full balance is due. The sale date is then scheduled.
HOA House Foreclosures
In the event of a Homeowner's Association foreclosure, the homeowner does have a right to redeem the home under Section 209.011 of the Texas Property Code. If the home is a single family unit and primary residence of the homeowners, a redemption period is allowed. The homeowner has 180 days to redeem the property. The clock begins ticking immediately after the HOA mails the homeowner a notice of sale. The homeowner will need to pay the subsequent buyer the full foreclosed price plus attorney fees and cots. An additional 25 percent of the sale price must also be paid.
HOA Condominium Foreclosures
The Uniform Condominium Act, Section 82.113, states that residential property owners may redeem the condominium if foreclosed through the Homeowner's Association. The owner has 90 days from the date of the HOA sale. An investment property cannot be redeemed. To redeem the property, the homeowner must pay the purchaser the sale price plus attorney fees and foreclosure costs.
Texas homeowners who lose their homes due to taxes also have a right of redemption, under Section 34.21 of Texas Tax Code. An owner of a residential homestead property is allowed two years from the filing date of foreclosure. To redeem the property, a homeowner will need to pay the amount of the winning bid, the deed recording fee and all fees the purchaser paid, including taxes, penalties and interest. If the home is redeemed within the first year, an additional 25 percent of the total sale redemption amount is also required. If the home is redeemed in the second year, the additional percentage is raised to 50 percent.
How to Waive Right of Redemption After Foreclosure
The laws in some states permit an owner of real estate in foreclosure what is known as a right of redemption. The...
How Do I Redeem Property After Foreclosure?
About half of the states have statutory redemption laws, which means that when your house goes to foreclosure and sells at an...
The Legal Process of Texas Property Tax Foreclosure
Texas allows the public to bid on tax deeds. This empowers the deed holder to foreclose after a redemption period expires.
Property Tax Laws in Texas
Texas school districts are highly dependent on property taxes to fund operations. Many local governments also rely on property taxes. Texas homeowners,...