Dallas Wrongful Foreclosure Lawyers

Has your home been wrongfully foreclosed on? If so, contact Smith Kendall, PLLC for help today. A home is one of the most important possessions a person can own. Therefore, facing foreclosure on a property is a challenging and difficult experience to endure. Not only can foreclosure inflict serious damage to a person’s credit and finances, but it can deprive an individual and their family of the place they have lived in for many years.

Unfortunately, there are far too many situations in which lenders wrongfully foreclose on a home. In Texas, foreclosures may be ordered by a court or without court involvement. While there are several requirements the mortgage holder must meet to foreclose on a property, a court judge is not always involved in the procedure. In some cases, the responsibility to protect a borrower’s rights is neglected. When this happens, a wrongful foreclosure suit can be filed.

If you feel you have been a victim of wrongful foreclosure, the first thing you should do is contact an attorney that can help you determine your options and decide whether you have a legitimate case. At Smith Kendall, PLLC, our Dallas wrongful foreclosure attorneys can help you during this legal process and answer any questions you may have about a possible foreclosure case. To learn more about what we can do for you at this stressful time, contact us today at (214) 361-6124.

Why Do I Need an Attorney?

While it may be tempting to try to represent yourself, you need to consult an attorney if you are a victim of wrongful foreclosure. The foreclosure process is confusing, complex, and requires legal experience and knowledge that only an attorney can provide. Not only will an experienced attorney help you sort through the paperwork and deadlines, but they can help you understand the circumstances that led to your home’s foreclosure. A skilled attorney is your only advocate against predatory lenders and shady landlords. Successful verdicts in courts have changed the rules of foreclosure defense, which is good news for homeowners. Most large banks have admitted to conducting illegal practices in the areas of mortgage lending, loan modifications, as well as foreclosures. Property owners, with the help of knowledgeable attorneys, now have additional ammunition to fight in court to protect their rights.

Potential clients are surprised to hear that it is not too late to keep their home after a foreclosure sale. Texas law allows post-foreclosure lawsuits that will set aside a foreclosure sale for various reasons such as the violation of the non-judicial sale statutes, lack of standing to foreclose, and types of fraud associated with mortgage transfers and assignments.

An attorney can also advise you about the wrongful foreclosure defenses available to help you avoid foreclosure and stay in your home. Wrongful foreclosure defenses that are used relate to title and possession, securitization, predatory lending and fraud, and violations of federal law such as the Truth in Lending Act. Experienced defense attorneys understand foreclosure laws and will be able to inform you about which defenses apply to your unique set of circumstances.

Why Smith Kendall, PLLC Can Help

If you are facing a wrongful foreclosure of your home, Smith Kendall, PLLC can help. Our lawyers have successfully represented individuals dealing with wrongful foreclosure lawsuits throughout the Dallas-Fort Worth metro area. We can help you determine if you have a legitimate claim against the lender or institution which has foreclosed on your home. If you do have a case, we can help you seek monetary damages, which may include punitive damages and damages for fraud.

At Smith Kendall, PLLC, our main focus is to give our clients the individual attention they need during their case. That is why we have chosen to remain a small firm, and why we have successfully earned over a million dollars in settlements for our clients. We offer free consultations so that you can explore your legal options before committing to anything.

What is a Wrongful Foreclosure?

Wrongful foreclosure is when a mortgage lender, bank, or a financial institution forecloses on a home and sells it illegally. The bank may also use methods to foreclose that violate state or federal law. For example, if a person is facing foreclosure and the lender accepts a partial payment but continues with the foreclosure process, it is considered a wrongful foreclosure. This is a common occurrence that happens to many people who are unaware of their legal rights. Some banks and lenders feel that they are above the law and will use their power against you.

The foreclosure process in Texas can be as quick as 41 days. Since Texas has non-right of redemption, there is little opportunity to reclaim your home once the foreclosure process starts. When a borrower defaults, the lender can begin the foreclosure process anytime, but there are required by law to send a written notice to the homeowner. The borrower then has 20 days to pay the full amount owed to bring the defaulted loan up to date. The only options left for the borrower after that is to block the foreclosure with a temporary restraining order, file for bankruptcy, or consult with an experienced attorney.

Cases We Handle

Banks are quick to pull the rug out from under homeowners. They may stop accepting payments, which makes it easier for individuals to slide further towards foreclosure. As a homeowner, you can fight back and delay the foreclosure proceedings or stop it altogether. If you are facing foreclosure, you need to find out if the proceedings were conducted illegally or not. Some of the illegal practices include:

  • Failure to Provide Appropriate Notice – If the bank or lender starts the foreclosure process but did not provide notice of insufficient or missed payments, it is illegal. Some landlords and mortgage companies foreclose on properties without notification. They figure if you do not receive the notice, you cannot take measures to prevent it.
  • Bad Faith on the Part of the Lender – A lender may delay or refuse your attempts at paying debts that lead to foreclosure. Even if you do everything right, a delay can cost your home.
  • Overcharging for Late Payment Fees – While late payments usually incur late fees, these are already pre-determined. Some lenders may overcharge you in late fees that cause you to go into debt further and make you unable to continue payments.
  • Predatory Lending – Mortgage lenders may offer loans with unfair terms. Sometimes a borrower can be deceived or coerced into taking out this type of loan, not realizing until later that the terms were not in their favor. If you are at risk of losing your property because of unfair loan terms, the foreclosure is illegal.

Even if everything was done legally during the foreclosure process, there might still be legal options available for you to either temporarily halt or stop the foreclosure completely.

Foreclosure Defense

There are many legal options to defend yourself against foreclosure, which our experienced lawyers can help you with in court. These include:

  • Avoid or Stop Foreclosure – To protect the homeowner’s rights, The Texas Supreme Court mandates strict compliance regulations for banks and lenders who start the foreclosure process. These regulations list specific guidelines and time frames that are required for the process. If it is discovered that a lender did not follow the Texas foreclosure rules, foreclosure can be temporarily or permanently halted, and you may regain possession of your property to help buy time to find an appropriate resolution.
  • Reverse Wrongful Foreclosure – It must be proven to the court that the lender violated mortgage and lending violations to reverse the foreclosure proceedings. The court will decide that the previous foreclosure was invalid and stop the foreclosure so that you will own your home again.
  • Recover Funds – When a bank forecloses on a home, sometimes they will sell it at auction to the highest bidder. If the home is sold for more than it’s owed, the lender is required to refund the remaining balance. However, this usually doesn’t happen unless the bank is forced to do it. An attorney can also help argue the actual fair market value of the home to eliminate or reduce the amount of the deficiency payment owed, as well as review the foreclosure and mortgage documents to determine if the bank owes you funds.
  • Other Options – An attorney can help oversee the foreclosure process to make sure that the mortgage lender met the foreclosure regulations, which can include verifying the fact that you defaulted, the bank properly accelerated the debt and gave you proper notice of default, and the lender had the proper waiting period. If proper procedure was not followed, you may have a valid wrongful foreclosure case.

In some cases, if all other strategies have failed, the last resort may be to file for a Chapter 7 or Chapter 13 bankruptcy to protect your assets. A lawyer can also assist you with this action if you choose to take it.

Contact Our Wrongful Foreclosure Attorneys

If you are facing wrongful foreclosure, Smith Kendall, PLLC can help. We will communicate with you about your case every step of the way. You can count on us to defend you to stop illegal foreclosure proceedings and help you regain your property. Call us at (214) 361-6124 today for a free consultation and learn about your legal options.

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Smith Kendall, PLLC

5910 North Central Expressway #925
Dallas, TX 75206
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Phone: (214) 361-6124
Fax: (214) 361-6126

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