The Power of Sale Clause in Your Texas Deed of Trust
The Power of Sale Clause in Your Texas Deed of Trust If you have read that Texas is a non judicial foreclosure state and were not sure what that meant for you, this is the short version. It means the lender does not have to file a lawsuit or convince a judge before selling your house. The authority comes from your own loan documents. A Texas deed of trust contains a power of sale clause, and by signing it you granted a trustee the right to sell the property if you defaul
Selling a House As Is in Texas As is means the buyer takes the property in its present condition and the seller is not agreeing to make repairs. It does not mean the seller can stay quiet about what is wrong with it. That distinction catches people, and in Texas it is written into the paperwork. Texas requires a seller of residential property to give the buyer a written disclosure of the property's condition, with limited exceptions for situations such as certain estate
The Power of Sale Clause in Your Texas Deed of Trust
Why Texas Lenders Do Not Need to Sue You If you have read that Texas is a non judicial foreclosure state and were not sure what that meant for you, this is the short version. It means the lender does not have to file a lawsuit or convince a judge before selling your house. The authority comes from your own loan documents. A Texas deed of trust contains a power of sale clause, and by signing it you granted a trustee the right to sell the property if you default. The lende
Is a Deed in Lieu the Right Move in Texas A deed in lieu of foreclosure is an agreement where you hand the title to the lender and the lender accepts it instead of foreclosing. It gets described as the dignified exit. Sometimes it is. Often it is the wrong choice, and the difference comes down to specifics most homeowners are never told. Start with the fact that it is negotiated, not a right. You cannot make a lender take a deed in lieu. They agree only when it is cheape