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What do you need to prove to collect damages for wrongful foreclosure in Texas?

Obtaining damages for wrongful foreclosure can be a difficult process in the state of Texas. With the aid of an attorney, you will need to show that the lender did not act as it should have and as it is legally required in order to file foreclosure on your property. In Texas, it is important to file such charges as soon as possible, since the Texas foreclosure laws do not allow for you to reclaim your property much after the foreclosure process is completed.

How to Prove Wrongful Foreclosure

In the state of Texas, there are several specific defenses available to you to keep your property. In order to collect damages, you must show the lender did not act according to the requirements under law. The following are some defenses that may apply.
•The lender did not property send notices of default before the foreclosure process started.
•The lender did not property send a notice of sale.
•The lender failed to properly send the notice of acceleration.
•The lender did not provide notice of sale not send sent as a certified mail (thus you did not receive it)
•A failing to timely send such notices of sale
•The lender sold the property for a value that was grossly under the value of the property
•If the lender stated the foreclosure process would not proceed, but it did anyway, this could be grounds for wrongful foreclosure.

In many situations, it is necessary to show the lender did not have the right to foreclosure on the property. This is difficult to prove, but with the aid of an attorney, it may be possible to do so.


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