What the Texas Homestead Exemption Actually Protects Texas homestead protection is among the strongest in the country, and it is widely misunderstood by the people it protects. Homeowners assume it shields the house from everything. It does not, and knowing which debts pierce it tells you how much trouble you are actually in. The protection sits in the Texas Constitution, Article XVI, Section 50, and it shields the homestead from forced sale for most general debts. A cre
How to Stop a Foreclosure in Texas Texas moves faster than almost anywhere else, and that single fact shapes every option you have. Most Texas mortgages are foreclosed without a lawsuit, under the process in Texas Property Code Section 51.002. There is no judge to slow things down, so the calendar does the work instead. Two dates matter. The notice of default gives you a window to cure the arrears before the lender accelerates the loan and demands the whole balance. Afte
Selling a House in Probate in Texas Probate is the court process that confirms a will and gives someone legal authority to deal with what the deceased owned. In Texas it is generally less painful than its reputation suggests, largely because of independent administration. When a will names an independent executor, or when all beneficiaries agree to one, the executor can administer the estate with limited court supervision. They can usually sell estate property without re
Property Tax Foreclosure in Texas Texas has no state income tax, and property taxes carry a correspondingly heavy load. They are also secured by a lien on the property that attaches automatically each year. Fall far enough behind and the taxing units can foreclose, and that process runs separately from anything your mortgage lender is doing. A tax foreclosure in Texas is judicial. The taxing authority sues, and a court enters judgment for the taxes, penalties, inter
What Non Judicial Foreclosure Means in Texas 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 l
Selling a House You Inherited in Texas An inherited house in Texas usually arrives with a legal question attached, and answering it first saves months. The question is not what the house is worth. It is whether you currently have the authority to sell it. A buyer's title company will want proof that ownership passed properly. How you establish that depends on how the estate was handled. If there is a will and it goes through probate, the executor named in it general
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
Which Debts Can Take a Texas Homestead Texas homestead protection is among the strongest in the country, and it is widely misunderstood by the people it protects. Homeowners assume it shields the house from everything. It does not, and knowing which debts pierce it tells you how much trouble you are actually in. The protection sits in the Texas Constitution, Article XVI, Section 50, and it shields the homestead from forced sale for most general debts. A credit card