Texans could get more time before foreclosures

Texans would have more time to fix their troubled finances before losing their homes under a bill passed by the Senate last week.

Current law allows just 20 days for homeowners receiving a foreclosure notice to resolve their mortgage default, one of the quickest processes in the nation. The Mortgage Foreclosure Deferment Act would extend this notice period to 45 days.

It also would provide at least 14 days for an owner and 60 days for a renter to vacate a foreclosed property.

If the bill, which now goes to the House, becomes law, it would apply to foreclosures initiated after Sept. 1.

One in 10 Texas homeowners are at risk of default and foreclosure, according to a recent report from the Mortgage Bankers Association of America.

“Recent headlines tell the story that more Texans are at risk of losing their homes to foreclosure,” said the bill’s author, Sen. Craig Estes, R-Wichita Falls.

“This bill will give Texas homeowners more time to work with their lender to try and reach an accommodation to stay in their homes while meeting their financial obligations.”

Sen. Leticia Van de Putte, D-San Antonio, said home-owners could use the extra time to work with nonprofit groups that help negotiate loan modifications.

Texas Attorney General Greg Abbott, whose office has cracked down on foreclosure rescue scams, recommended that the Legislature allow a debtor more time to cure a loan default before a notice of sale.

The bill requires a notice of rights to be included with the default notice. The lender would have to provide contact information for a person authorized to assist the debtor on the delinquent loan.

Owners who have received foreclosure notices would have to notify any tenants of a pending foreclosure within five days.

“While most homeowners may never feel the threat of home foreclosure, it is an issue that can impact all of us when it strikes our neighbors, friends and family,” Estes said.

By JANET ELLIOTT, Houston Chronicle

TRCC Fines 3 Area Homebuilders

The Texas Residential Construction Commission has fined several Texas home builders, including levying a $260,000 fine against a Victoria builder.

The $260,000 fine was against James Del White of J.D. White Construction for failing to pay consumer judgments, the misappropriation of or misapplication of trust funds, a failure to timely renew as a builder and a repeated failure to respond to a homeowner’s complaint.

The TRCC fined William Gaston of Austin’s Gaston Premier Homes more than $42,000 for failing to pay a consumer judgment and failing to timely renew as a builder.

Jaime Lozano of Lozano Construction in Edinburg was fined $40,000 for failing to provide a follow-up report to a state inspection and to respond to a complaint filed with the commission. The company also failed to register a home or to pay a home registration fee, state inspection process fee or late fees.

Texas homeowners can research registered builders or remodelers by visiting the commission’s Web site at www.TexasRCC.org.

Did your HOA Jump the Gun When it sued you? If so, you may be spared paying their Attorneys' Fees

Homeowners Associations are filing more lawsuits than they used to. I'm not sure of the reason for this, but the types of suits are as varied as are the subdivisions in Texas. In many instances the suits seek to collect upon unpaid assessments. In others, they are filed to enforce declarations/CCRs/restrictive covenants. In virtually all cases -- irrespective of the nature of the HOA's claims -- there is a request for recovery of attorneys' fees and court costs. It is important to note that HOAs are not automatically entitled to recovery of their costs and fees in every case. Further, many times HOAs are required to provide written notice prior to filing suit. If an HOA or its attorney fails to follow the strict procedure required by the Texas Property Code, costs and/or fees may not be recoverable.

Section 209.006 of the Texas Property Code generally mandates notice before an enforcement lawsuit may be filed by a Homeowners Association. It provides:

(a) Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail, return receipt requested.

Subsection (b) of Section 209.006 provides that the notice must: (1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner; and

(2) inform the owner that the owner: (A) is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and (B) may request a hearing under Section 209.007 on or before the 30th day after the date the owner receives the notice.

It is important to understand that certain types of suits -- those seeking a Temporary Restraining Order or Injunctive Relief -- are not subject to the notice provisions. However, a party to such a suit may request that the Court compel mediation. See Section 209.007(d)

Written notice is also a prerequisite in those instances where an HOA seeks recovery of attorneys' fees or costs. Such claims are governed by Texas Property Code Section 209.008(a), which provides:

"A property owners' association may collect reimbursement of reasonable attorney's fees and other reasonable costs incurred by the association relating to collecting amounts, including damages, due the association for enforcing restrictions or the bylaws or rules of the association only if the owner is provided a written notice that attorney's fees and costs will be charged to the owner if the delinquency or violation continues after a date certain."

Many times, an Association and/or its lawyer will fail to issue the notice required by Section 209.008. In those instances, there is a good chance that an Owner or other person sued by an HOA can avoid having the HOA's fees and costs taxed against them.

Any time you are sued -- whether by an HOA or otherwise -- you should make a timeline of events leading to the suit. The Property Code is not the only provision of Texas law that requires notice before attorneys' fees can be recovered. A similar provision exists in contract disputes and other legal contexts. Knowledge is power, and it is higly advisable to consult with both the applicable law and an experienced attorney any time you are faced with litigation.

Perhaps one day HOA litigation will slow down - there are initiatives pending at the Texas Legislature which might curtail the filing of some HOA-related suits. Until then, read your CCRs, abide by the covenants, and remain ever-vigilant of your rights under Texas law.

Can my spouse take my kids and leave Texas?

If you have all lived in Texas for at least 6 months and in the same county for at least 90 days, then you are a resident of that county.

If your spouse or significant other, decides to take the kids and leave the state, you need to IMMEDIATELY go hire an attorney and get papers served on the other parent to get them into a Texas court.

If you wait 6 months or more then the county you live in loses jurisdiction over the kids.

If you have any questions, I charge $100 an hour to sit down and talk to you.
It might be will worth your peace of mind.

For unmarried fathers

If you are not seeing your child(ren), please consider hiring a private attorney to assist you. The TX A G will set up child support, but they usually won't make the mother cooperate regarding visits.

It is well worth your money to hire an attorney to REPRESENT YOUR BEST INTERESTS.

If you are not married to the mom, then if she won't cooperate, you definately need a judge to ORDER her to cooperate.

Why not set up child support and visits at the same time? It's quicker than going to the TX A G office.

Free child support - TX A G office

If you are not receiving child support, then go to the TX A G office in your neighborhood.

They are slow due to the overwhelming requests for assistance. However, they are FREE

Pre-divorce consultation

For $100 per hour, I will sit down with you to discuss what you need to do if you are considering separation/divorce.

I think it is money well spent.

I will give you the current law in the State of Texas.

Knowledge is power!