Are you looking for a mortgage lawyer in Austin, TX?
At Leinart Law Firm, we invite you to schedule a consultation with an Austin mortgage lawyer trusted by clients since 2005.
If you have fallen behind on mortgage payments in Austin, or your loan servicer has sent a notice of default, a lawyer can review your loan and identify the options that may allow you to keep your home. Our Austin, TX mortgage lawyer represents homeowners in loan modification requests, forbearance agreements, foreclosure defense, and Chapter 13 bankruptcy.
Leinart Law Firm has represented Texas consumers since 2005. Our founder has practiced law since 1995 and has filed thousands of bankruptcy cases for individuals and families. Contact our office to schedule a review of your mortgage and the notices you have received.
Mortgage Lawyer Austin, TX
A mortgage lawyer represents homeowners in disputes and negotiations involving a home loan. The work includes reviewing the promissory note and deed of trust, communicating with the loan servicer, requesting alternatives such as a loan modification, and defending against foreclosure once a sale has been scheduled. When the default is part of a larger debt problem, a mortgage attorney in Austin may recommend a bankruptcy filing to stop the sale and repay the past-due amount over time.
In April 2026, lenders started the foreclosure process on 396 properties in the Austin metropolitan area, up from 158 in April 2025, according to ATTOM foreclosure data.
Types of Mortgage Cases We Handle in Austin
Our firm represents homeowners, not lenders or servicers. The matters below cover the residential mortgage problems we handle, from a recent missed payment to a foreclosure sale that has already been scheduled.
- Foreclosure defense. When a servicer accelerates the loan and schedules a sale, we review the notices, the payment history, and the loan documents for errors. Most Texas home foreclosures proceed without a court hearing, so the work has to be completed before the sale date.
- Loan modification. A modification permanently changes one or more loan terms, such as the interest rate, the monthly payment, or the loan term. We prepare the application, answer the servicer’s document requests, and review any offer before you sign it.
- Mortgage forbearance. Forbearance reduces or suspends payments for a limited period during a temporary hardship, such as a job loss or medical leave. The deferred amount must still be repaid, and the choice between forbearance and loan modification depends on whether the hardship is temporary or permanent. We request the arrangement that matches your income.
- Mortgage assistance. Depending on who owns or insures the loan, a homeowner may qualify for a repayment plan, a partial claim, or another program offered through the servicer. We identify the programs that apply to your loan type and handle communication with the servicer.
- Foreclosure temporary restraining orders. If a sale is imminent and the homeowner has a valid claim against the lender, we may ask a Texas court for a temporary restraining order to postpone the sale. A restraining order provides time to resolve the dispute. It does not eliminate the debt.
- HOA foreclosure. A homeowners association may hold a lien on your property for unpaid assessments and, in some circumstances, pursue foreclosure. We review the association’s governing documents and the amount claimed, then negotiate a payment arrangement or contest charges that are not owed.
- Chapter 13 bankruptcy. A Chapter 13 filing can stop a pending foreclosure and allows you to repay the past-due mortgage balance through a court-approved plan while you remain in the home. We prepare the petition and plan and represent you through the life of the case.
- Chapter 7 bankruptcy. Chapter 7 eliminates many unsecured debts, which can free income for the house payment. Chapter 7 does not cure a mortgage default, and the obligation to make mortgage payments during bankruptcy continues. We evaluate whether it serves your goal of keeping the home before recommending it.
Why Choose Leinart Law Firm as My Mortgage Lawyer in Austin, TX?
Statewide Texas Experience Since 2005
Marcus Leinart founded Leinart Law Firm in 2005, ten years after he was licensed by the State Bar of Texas. He earned his law degree from Texas Tech University in 1995. He grew up in Sherman, Texas, where seeing families struggle financially led him to build a career representing consumers.
He is a member of the National Association of Consumer Bankruptcy Attorneys, and he has spent his entire career representing individuals rather than large corporations. Our firm represents consumers throughout Texas, including homeowners who need a mortgage attorney in Austin, TX. When a Chapter 13 filing is the right course for your home, a Leinart Law Firm attorney serves as your bankruptcy lawyer in Austin and addresses the mortgage default within that case.
A Record Measured in Clients Served
Leinart Law Firm’s record in consumer debt matters is measured by the number of Texas individuals and families it has represented.
- Thousands of clients helped through bankruptcy and debt relief
- More than 20 years of representing Texas consumers since the firm opened
- Growth from a single employee to a multi-attorney practice
What Is Important To Understand About Mortgage Cases?
Foreclosure, Loan Modification, and Bankruptcy Options in Texas
A Texas home loan consists of two documents: a promissory note, which is the promise to repay, and a deed of trust, which gives the lender a lien on the property.
- Default and acceleration. Default occurs when payments are missed or other loan terms are breached. Acceleration is the lender’s demand that the entire balance be paid at once.
- Nonjudicial foreclosure. Most Texas deeds of trust include a power of sale, which allows a trustee to sell the property at public auction without a lawsuit.
- Loss mitigation. This term covers the alternatives a servicer may offer, including repayment plans, forbearance, and loan modification.
- Chapter 13 bankruptcy. A court-supervised Chapter 13 repayment plan stops a foreclosure sale and permits the homeowner to repay the past-due amount over the life of the plan.
- Chapter 7 bankruptcy. Chapter 7 discharges qualifying unsecured debt. It does not provide a way to repay mortgage arrears, so the loan must be brought current separately.
- Statute of limitations. A lender generally must foreclose within four years after its claim accrues. When that period expires, Texas law voids the lien and the power of sale.
What Are Important Aspects of a Mortgage Case?
The outcome of a mortgage case often depends on the loan type, the timing of the default, and the accuracy of the servicer’s records.
- The type of loan. FHA, VA, USDA, Fannie Mae, and Freddie Mac loans each have their own loss mitigation programs, and the options open to you depend on which entity owns or backs the loan.
- The servicer’s records. Payment histories can contain misapplied payments, unexplained fees, or escrow errors. We request and review these records before relying on the servicer’s figures.
- Home equity. Equity affects whether a sale, a refinance, or a repayment plan is realistic.
- Other obligations. Balances such as credit card debt or a wage garnishment reduce the income available for the mortgage, and a plan that addresses only the house payment may not be sustainable.
What Is The Mortgage Case Timeline?
Most Texas foreclosures follow the same general sequence. The options available narrow at each stage.
- Missed payments. The servicer begins collection calls and letters. Loss mitigation options are broadest at this stage.
- Notice of default. The servicer sends written notice of the default and gives the homeowner an opportunity to cure it before the loan is accelerated.
- Acceleration and notice of sale. The lender demands the full balance, and a notice of sale is filed with the county clerk and posted.
- The foreclosure sale. The property is sold at public auction. A bankruptcy filing or court order entered before the sale can stop it; after the sale, the options are far more limited.
- After the sale. The purchaser may file an eviction suit if the former owner remains in the home.
What Should You Bring to Your Mortgage Consultation?
These documents allow an Austin mortgage attorney to evaluate your loan and your options at the first meeting. If some records are missing, we can request them from the servicer.
- Recent mortgage statements and any letters or notices from your servicer or its attorneys
- Your promissory note, deed of trust, and any prior modification or forbearance agreement
- Proof of income, such as pay stubs, benefit statements, or recent tax returns
- A list of other debts, including HOA assessments, car loans, and credit cards
During the consultation, we review these documents, explain the options that apply to your loan, and describe the next steps and when each one should occur.
Western District of Texas Bankruptcy Court and Local Resources
Bankruptcy cases filed by homeowners in Austin, TX and throughout Travis, Williamson, and Hays counties are heard in the Austin Division of the U.S. Bankruptcy Court for the Western District of Texas.
The Travis County Clerk posts notices of foreclosure sale for property located in the county. These postings confirm whether a sale date has been set.
The Consumer Financial Protection Bureau maintains a directory of HUD-approved housing counselors, who provide foreclosure prevention counseling at no cost.
Your servicer must identify who owns, insures, or backs your loan, and that entity determines which mortgage relief options are available.
Reach Out to Leinart Law Firm to Schedule a Consultation
Our Austin mortgage lawyer offers a free initial consultation to review your loan, the notices you have received, and the options available before a sale date is set or reached. Leinart Law Firm will explain what each option requires and how long it is likely to take. Contact us to schedule your consultation.