Here’s an awesome FAQ article on the foreclosure process in Texas written by one of my favorite attorneys Ian Ghrist:
“Texas allows nonjudicial foreclosure under a power of sale granted by a deed of trust for most real estate loans. Nonjudicial foreclosure is not available in Texas for certain loan types, like home equity loans and property tax loans. When nonjudicial foreclosure is unavailable, the foreclosure must be done through either judicial foreclosure or an Expedited Foreclosure Proceeding under Texas Rule of Civil Procedure 736. In a judicial foreclosure, a lawsuit must be filed, and the plaintiff’s petition in the lawsuit must ask the Court to grant an order for foreclosure. This is the slowest and most cumbersome method of foreclosure because the case will likely not go to trial for several months or years…. ” CLICK THE LINK BELOW TO IAN’S SITE TO READ THE REST OF THE ARTICLE http://ghristlaw.com/blogs/foreclosures-in-texas/
keyword: Foreclosures in Texas
About the Author Ian Ghrist:
Ian practices general civil litigation, primarily in the areas of Debtor/Creditor, Real Estate, and Mineral Rights. Ian has handled cases involving deed restrictions, mechanic’s liens, mortgages, lien subrogation, class actions, the Texas Mineral Interest Pooling Act, title disputes, fraud, deceptive trade practices, evictions, foreclosures, lift stay motions and bankruptcy-related matters, post-judgment collections, breach of contract, insurance claims, cases under the Uniform Fraudulent Transfer Act, contract-for-deed litigation, etcetera.
Before law school, Ian spent about four years as a banker for J.P. Morgan Chase where he held a Series 7 license and served as both a stockbroker and a loan officer. During law school, Ian won the 2011 Gershon Moot Court Tournament, served as Executive Editor of the Law Review, and competed interscholastically in Mock Trial. Also during law school, Ian interned for the Honorable D. Michael Lynn, Bankruptcy Judge for the Northern District of Texas, served as Intern to General Counsel at a manufacturer, and served in the Summer Honors Program at the U.S. Securities and Exchange Commission. Ian is an award-winning legal writer, having been inducted along with four out of his 126 classmates into the National Order of Scribes in 2013 in recognition of the exemplary quality of his legal writing. Ian graduated law school in the top four-percent of his class ranked 5th out of 126 students. Ian has published two scholarly articles in legal journals, one on securities and administrative law issues, and another on issues that can arise during a bankruptcy proceeding involving income-producing property. Hyperlinks to these articles can be found below.
Education:
> Texas Wesleyan (now A&M) School of Law, Juris Doctorate, 2013,
Magna cum Laude
> Texas Christian University, B.B.A., Double Major in Marketing and Entrepreneurial Management, 2006
Awards & Recognition:
> Inducted into the National Order of the Scribes, 2013
> Medal of Excellence Winner, American Bankruptcy Institute, 2012
> Preeminent Advocate Award, Wesleyan Board of Advocates, 2013
> Pupil, Mahon Inn of Court, 2013
Bar Admissions:
> State Bar of Texas (2013)
> U.S. District Court, Northern District of Texas (2014)
> U.S. District Court, Eastern District of Texas (2014)
> U.S. District Court, Southern District of Texas (2015)
keyword: Foreclosures in Texas