Are you looking for a foreclosure lawyer in Arlington, TX?
At Leinart Law Firm, we encourage you to schedule a confidential consultation with an experienced Arlington foreclosure lawyer.
If your mortgage servicer has sent a notice of default or posted your Arlington home for sale, you may still have legal options to stop the sale or bring the loan current. Our Arlington, TX foreclosure lawyer can review the notices and loan documents and explain the steps available before the sale date.
Leinart Law Firm has handled foreclosure matters for homeowners for more than 15 years. Marcus Leinart established the firm in 2005. Throughout his career, he has represented individuals rather than large corporations. Contact us to arrange a review of your mortgage situation.
Foreclosure Lawyer Arlington, TX
A foreclosure attorney protects the interests of a homeowner after a mortgage default, when the lender moves to sell the property to recover the loan. The attorney examines whether the servicer followed the required notice procedures, assists with loss mitigation requests to the servicer, and can file for bankruptcy or seek a court order to stop a pending sale. An Arlington foreclosure attorney can also advise on the effect a sale would have on credit and on any remaining loan balance.
Census Bureau estimates for 2020 through 2024 put Arlington’s owner-occupied housing rate at 54.3% and the median value of an owner-occupied home at $304,700.
Types of Foreclosure Cases We Handle in Arlington
Homeowners reach a foreclosure attorney at different stages, from the first missed payment to a sale scheduled for next month. The appropriate response depends on how far the process has advanced. Our Arlington foreclosure attorney represents homeowners in the matters below.
- Notices of default and sale. A notice of default starts the period to cure the missed payments. A later notice of sale sets the date of the auction. We review both for accuracy and timing, since an error in either one can affect how foreclosure works in a particular case.
- Foreclosure restraining orders. When a sale is imminent and the servicer has made an error, a state court can be asked to postpone it.
- Loan modifications. A modification changes the loan’s terms to make the payment affordable on a lasting basis. We help homeowners prepare the application and respond to servicer requests.
- Forbearance agreements. Forbearance temporarily reduces or suspends payments during a hardship. The skipped amounts must be repaid when the forbearance ends. The differences from modification matter when the hardship is expected to last.
- HOA foreclosures. A homeowners association can seek to foreclose over unpaid assessments. These cases generally require a court proceeding. Payment plans and bankruptcy can both resolve the assessment balance before a sale.
- Chapter 13 bankruptcy. Chapter 13 stops a pending sale and spreads the mortgage arrears across a plan of several years. It is often the most direct bankruptcy option for an owner determined to stay in the home.
- Mortgage. Problems with a servicer, such as misapplied payments or an inaccurate payoff figure, often appear before a foreclosure begins. Addressing them early can prevent a default. We can review the payment history and escrow account for errors the servicer should correct.
- Business bankruptcy. Some owners pledge their home as security for a business loan. If the business fails, a business or personal bankruptcy filing may help protect the residence.
- Post-sale eviction. After a sale, the buyer may file a forcible detainer case to take possession. The move-out timeline and any challenge to the sale should be reviewed as soon as the notice arrives.
- Debt relief. Credit card balances and other unsecured debts frequently compete with the mortgage payment. Relieving that pressure can free income for the house.
Why Choose Leinart Law Firm as My Foreclosure Lawyer in Arlington, TX?
Admitted to the Bankruptcy Court That Hears Tarrant County Cases
Marcus Leinart is admitted to practice before the U.S. Bankruptcy Court for the Northern District of Texas. Its Fort Worth Division handles bankruptcy cases from Tarrant County. He has been licensed in Texas since 1995 and is a member of the Tarrant County Bar Association. He earned a B.B.A. from Texas Christian University and a J.D. from Texas Tech.
Comparing a modification request with a Chapter 13 filing, and explaining the timing of each, is central to the work of a bankruptcy lawyer in Arlington, TX. Marcus explains each available option to the homeowner, including how the Texas homestead exemption applies to the property.
Each consultation with our firm is free and confidential. Homeowners meet with one of our attorneys, who reviews the servicer’s notices and outlines the paths that remain open.
Results From Thousands of Filings
The firm measures its results by the number of clients it has helped. Across thousands of bankruptcy filings, Marcus Leinart’s clients have been able to:
- Retain their homes and vehicles when possible
- Halt lawsuits and wage garnishments
- Stop creditor harassment and collection efforts
- Discharge overwhelming unsecured debt
Understanding Foreclosure Cases
Notice, Cure, and Sale Requirements in Texas
Most Texas foreclosures proceed without a lawsuit, but Texas law sets notice and cure requirements that a servicer must meet before a sale can take place.
- Notice of default: The servicer must notify the homeowner of the default and allow a period to cure it by paying the past-due amount rather than the full balance.
- Notice of sale: After the cure period, the servicer must provide notice of the sale date. The notice is also posted at the courthouse and filed with the county clerk.
- Federal delinquency rule: Federal mortgage servicing rules generally prohibit starting a foreclosure until the loan is significantly past due.
- Judicial foreclosure: Home equity loans, reverse mortgages, and HOA assessment liens generally require court involvement before a sale.
What Are Important Aspects of a Foreclosure Case?
The facts below often decide whether a homeowner keeps the house or exits on better terms. An Arlington foreclosure attorney looks closely at each of them.
- Whether every required notice was sent on time and to the correct address
- The status of any loss mitigation application still under review
- The amount of equity in the home and its protection as a homestead
- Household income, which determines whether Chapter 13 is feasible
- The legal rights available to the homeowner at each stage of the process
The cause of the default also shapes the plan. Defaults have several common causes, such as lost employment, the end of a marriage, medical bills, or another unplanned expense. A temporary setback may point toward forbearance, while a lasting change in income may call for a modification or Chapter 13.
What Is the Foreclosure Case Timeline?
A Tarrant County foreclosure generally moves through the stages below.
- Late payments and collection calls from the servicer
- A notice of default and the period to cure
- Acceleration of the loan balance
- Posting of the sale notice and filing with the Tarrant County Clerk
- The auction at the time and place stated in the notice
- A forcible detainer case if the buyer seeks possession after the sale
A bankruptcy petition filed before the auction puts the automatic stay in place and stops the sale from going forward. Other ways to stop a foreclosure include reinstating the loan or completing a modification before the posting date.
What Should You Bring to Your Foreclosure Consultation?
The servicer’s paperwork shows where the loan stands and how much time remains before a sale. Please gather the following documents.
- Your deed of trust, promissory note, and most recent mortgage statement
- Every default letter, acceleration letter, and posted sale notice you have received
- Correspondence about any modification, forbearance, or repayment plan
- Proof of income and a summary of monthly household expenses
- Any HOA statements or collection letters, if an association is involved
At the meeting, an attorney can go through these records with you, identify each deadline, and explain which options remain open. Homeowners not yet facing a sale notice can use the meeting to plan ahead and compare loss mitigation options with bankruptcy.
Northern District of Texas Bankruptcy Court and Local Resources
Bankruptcy cases filed by Arlington homeowners proceed in the Fort Worth Division of the U.S. Bankruptcy Court for the Northern District of Texas. Other resources for Arlington homeowners include:
- The Tarrant County Clerk, which receives foreclosure sale notices for properties in the county
- Foreclosure assistance from Legal Aid of NorthWest Texas for Tarrant County residents who meet its income limits
Reach Out to Leinart Law Firm to Schedule a Consultation
An early review of the servicer’s notices keeps more options available to an Arlington homeowner. Our Arlington foreclosure lawyer can advise whether a modification, a restraining order, or Chapter 13 fits your circumstances and what each option would require of you. The first consultation with Leinart Law Firm is free of charge. Contact us to arrange a meeting with an attorney about your home.