Are you looking for a mortgage lawyer in Frisco, TX?
At Leinart Law Firm, we provide mortgage representation grounded in more than 15 years of work on behalf of homeowners in Frisco.
If your mortgage servicer has rejected a modification, charged fees you do not owe, or warned that your Frisco home is heading toward foreclosure, you have rights that can be enforced. Our Frisco, TX mortgage lawyer can examine the servicer’s handling of your loan and explain the options for bringing the loan current.
Leinart Law Firm has represented homeowners in mortgage matters for more than 15 years. The firm focuses solely on bankruptcy and debt relief. Reach out to schedule a review of your mortgage and servicing history.
Mortgage Lawyer Frisco, TX
A mortgage attorney protects a homeowner’s interests when a dispute arises with the lender or the servicer that collects payments. Typical matters include denied or delayed loan modification requests and forbearance disputes. Errors in the payment history, escrow problems, and the early stages of a default are also common. The attorney’s goal is to resolve the problem while the homeowner still has the widest range of choices. A mortgage lawyer in Frisco can also identify when a Chapter 13 filing would offer more protection than the servicer’s options.
Frisco’s median monthly cost for owners with a mortgage was $3,386 for 2020 through 2024. Owner-occupied Frisco homes carried a median value of $642,100 in the same estimates.
Types of Mortgage Cases We Handle in Frisco
At Frisco’s median housing cost, a single missed month adds more than $3,000 to the arrears. Late fees permitted by the loan documents can add to that amount. Our Frisco mortgage attorney handles the following matters for homeowners.
- Denied or stalled modifications. A servicer may deny an application or ask for the same documents more than once. We can review the denial, the servicer’s stated reasons, and whether an appeal or a new application is the better next step.
- Servicing and payment errors. Payments applied to the wrong month, unexplained charges, or an incorrect balance can be challenged in writing.
- Escrow increases. A significant increase in property taxes or homeowners insurance raises the monthly payment. We check the escrow analysis for mistakes in the tax and insurance figures.
- Forbearance exits. When a forbearance period ends, the homeowner must address the deferred payments. The options for repaying them vary by loan type and servicer. A lump-sum demand at the end of forbearance is not the only possible outcome. The homeowner should review every alternative the servicer offers.
- Mortgage assistance. Some homeowners qualify for programs that reduce arrears or the monthly payment. We can help determine whether any program applies to the loan.
- Payoff and reinstatement disputes. Before a homeowner can reinstate or refinance, the servicer must state the amount owed. An inflated payoff or reinstatement figure can be challenged before any payment is made.
- HOA assessment disputes. Homes within a homeowners association carry assessment obligations. Unpaid assessments can lead to a property lien and, in some cases, a foreclosure action by the association.
- Foreclosure. Once a notice of default or sale has been sent, the homeowner faces firm deadlines. Reinstatement, a court order, or a bankruptcy filing may still stop the sale.
- Chapter 13 bankruptcy. A Chapter 13 plan lets a homeowner repay mortgage arrears over time while keeping the house. Filing for bankruptcy can stop a foreclosure through the automatic stay, which halts any pending sale.
- Business bankruptcy. Business owners sometimes pledge their homes as security for business loans. A failing business can then place the residence at risk.
- Debt relief. Unsecured debts often compete with the mortgage for the household’s income. Resolving them can free money for the house payment.
Why Choose Leinart Law Firm as My Mortgage Lawyer in Frisco, TX?
Admitted to the Court That Hears Collin and Denton County Cases
Frisco lies in Collin and Denton counties, which fall within the Eastern District of Texas. Marcus Leinart holds admission to the bankruptcy court for the Eastern District. He has held his Texas law license since 1995 and has spent his career representing consumers.
Marcus completed his undergraduate studies at Texas Christian University, where he earned a B.B.A.
When a servicer refuses to approve a workable modification, the homeowner may need to consider a Chapter 13 filing. How the filing would treat the mortgage is a question best answered by a bankruptcy lawyer in Frisco, TX. Marcus goes over each option with the homeowner and explains the extent to which the Texas homestead exemption shields the equity.
Lost employment, divorce, medical costs, and other emergencies are common reasons a homeowner falls behind. Marcus works closely with each client to explain the options available for keeping the home.
Thousands of Clients Served
Marcus Leinart has filed thousands of bankruptcy cases. Clients he has represented have been able to:
- Retain their homes and vehicles when possible
- Halt lawsuits and wage garnishments
- Prevent bank account freezes
- Discharge overwhelming unsecured debt
Understanding Mortgage Cases
Mortgage Servicer Obligations and Error Resolution
Federal servicing rules give homeowners tools for addressing loan problems.
- Notice of error: A borrower may dispute a servicing mistake in writing through a notice of error. The servicer must acknowledge it, investigate, and either correct the error or explain in writing why no error occurred.
- Request for information: A homeowner can request records about the loan, such as the payment history and the identity of the owner of the note.
- Loss mitigation review: A servicer that receives a complete application must evaluate it for the options available on that loan.
- Limits on foreclosure during review: Federal rules restrict a servicer from moving forward with a sale while a timely, complete application is pending.
- Escrow accounting: Servicers must provide an annual escrow statement explaining how the payment was calculated.
A homeowner who sends a notice of error or a loss mitigation application should keep a copy and proof of delivery. When a servicer fails to respond as required, that failure can become part of the homeowner’s response to a later default or foreclosure.
What Are Important Aspects of a Mortgage Case?
Several issues influence how a mortgage dispute is resolved. Our Frisco mortgage lawyer reviews each one with the client.
- Whether every application and letter to the servicer was sent and received in writing
- The servicer’s stated reason for any denial
- How the arrears, fees, and escrow shortage were calculated
- Any HOA balance that could create a separate lien on the property
- How Texas homestead protections apply if bankruptcy becomes necessary
A mortgage attorney in Frisco can organize the homeowner’s letters, applications, and statements into a clear history of the loan.
What Is the Mortgage Case Timeline?
The timeline depends on whether the problem began with a hardship or a servicing error. Most servicing disputes follow the sequence below.
- The hardship or error that first affects the payment
- Written communication with the servicer, including any notice of error
- A complete loss mitigation application with income records
- The servicer’s evaluation and written decision
- An appeal, a trial plan, or a permanent modification
- A notice of default if no resolution is reached
Each of these steps produces correspondence that can matter if a foreclosure is later challenged.
What Should You Bring to Your Mortgage Consultation?
The servicer’s records and your own correspondence are the starting point for any review. Please gather the following items before your appointment.
- Monthly statements for the past year and the most recent escrow statement
- Servicer correspondence, especially denials and default letters
- Copies of applications and documents you have sent to the servicer
- Proof of income and a list of household expenses
- Any HOA statements or collection notices
A Frisco mortgage attorney can compare the servicer’s figures with the loan documents and explain which options remain open. Bring any notice that lists a deadline so the date can be confirmed.
Eastern District of Texas Bankruptcy Court and Local Resources
If a Frisco homeowner files for bankruptcy, the case is handled by the Eastern District of Texas bankruptcy court, which serves Collin and Denton counties through its Plano location.
The Denton County Clerk maintains foreclosure notice postings for properties in the Denton County portion of the city.
Frisco homeowners may also contact these organizations:
- HUD-approved housing counseling agencies, which provide free or low-cost advice on modifications and forbearance
- Free housing assistance through Legal Aid of NorthWest Texas, available in Collin and Denton counties to residents who qualify
Reach Out to Leinart Law Firm to Schedule a Consultation
An early review of the servicer’s records keeps more options open for a Frisco homeowner. Our Frisco mortgage lawyer can examine your loan history and explain the steps available. Leinart Law Firm provides a free initial consultation for mortgage matters. Contact us to have an attorney review your servicing records.