Are you looking for a foreclosure lawyer in Irving?
At Leinart Law Firm, we are trusted foreclosure lawyers with over 15 years of experience.
If your lender has sent a notice of default or scheduled your home for sale, an Irving, TX foreclosure lawyer can review the notices, identify the options still available, and act to stop or delay the sale where the law allows, which matters because Texas moves quickly once a sale has been posted.
Marcus Leinart founded our firm in 2005 to represent homeowners and other debtors rather than lenders, and our Dallas–Fort Worth practice focuses on debt relief.
Contact us as soon as you receive a foreclosure notice to discuss your options.
Foreclosure Lawyer Irving, TX
A foreclosure lawyer represents homeowners whose lenders or homeowners associations are attempting to sell their property to satisfy an unpaid debt. Because most Texas home loans can be foreclosed without a lawsuit, the lawyer’s role often begins outside of court: reviewing whether the required notices were properly given, negotiating with the servicer, seeking a temporary restraining order where grounds exist, or filing bankruptcy to halt a scheduled sale.
Bankruptcy remains one of the most direct ways to stop a posted sale. The Northern District of Texas, where Irving homeowners file, handled 12,785 bankruptcy filings in the 12 months ending December 31, 2025, more than any other federal district in Texas.
Types of Foreclosure Cases We Handle in Irving
The right strategy depends on the type of loan, how far the foreclosure has progressed, and whether the homeowner wants to keep the property. A homeowner who intends to stay needs a different plan from one who is prepared to leave but wants to avoid a deficiency, and the matters below reflect that range for Irving homeowners.
- Chapter 13 bankruptcy. Filing stops a foreclosure sale immediately, and the repayment plan allows missed mortgage payments to be cured over three to five years while regular payments resume. This is often the most reliable way for a homeowner with steady income to keep the house.
- Mortgage. Servicing errors, misapplied payments, and escrow miscalculations sometimes cause or worsen a default. Correcting the account can change the amount needed to reinstate the loan.
- Temporary restraining orders. Where a lender has failed to follow required procedures, a state court may issue an order temporarily halting a sale. These requests must be made quickly and supported by specific grounds, and they buy time rather than resolving the underlying default.
- Loan modification. A modification permanently changes the loan’s terms, often by adding missed payments to the balance or adjusting the interest rate. Applications must be complete and submitted early to be useful before a sale.
- Forbearance. A lender may agree to reduce or suspend payments for a period during financial hardship. The suspended amounts still have to be repaid, and the repayment terms deserve close review.
- HOA foreclosure. Homeowners associations in Texas can foreclose for unpaid assessments under certain conditions, and the law places specific limits on how they may do so.
- Home equity loan foreclosure. Texas requires a court process before a home equity loan can be foreclosed, which gives the homeowner an opportunity to respond that a standard mortgage foreclosure does not.
- Deed in lieu of foreclosure. Transferring the property to the lender voluntarily can avoid a foreclosure sale. Whether the lender waives any remaining balance should be confirmed in writing before signing, since the transfer does not release the borrower from a deficiency unless the agreement says so.
- Deficiency after foreclosure. When the auction price falls short of what is owed on the mortgage, the lender may file suit to recover the shortfall. Texas law allows the homeowner to seek credit for the property’s fair market value.
- Wrongful foreclosure. A sale conducted without proper notice or in violation of the loan terms may be challenged. The available remedies depend on the specific defect and on whether the homeowner still has possession.
Why Choose Leinart Law Firm as my Foreclosure Lawyer in Irving, TX?
Foreclosure Defense Within a Debt Relief Practice
Licensed in Texas since 1995, Marcus Leinart is admitted to the federal district and bankruptcy courts for the Northern District of Texas, which serve Dallas County. He belongs to the Dallas Bar Association and to the National Association of Consumer Bankruptcy Attorneys, or NACBA. Because bankruptcy is frequently part of stopping a foreclosure, the counsel our bankruptcy lawyer in Irving, TX provides on a filing is often part of the same strategy that protects the home.
Experience Handling Time-Sensitive Matters
Dates govern nearly every decision in a foreclosure matter, and after thousands of bankruptcy filings our attorneys understand how quickly a petition can be prepared when a sale is imminent and what must be in place before it is filed. Homeowners who contact us early leave more room for modification or negotiation before a filing becomes necessary.
- Representation of homeowners facing foreclosure and seeking to stop a sale
- More than 15 years focused on bankruptcy, foreclosure, and debt relief
- Thousands of bankruptcy cases filed for Texas families since 2005
- Statements from clients whose matters we resolved
Understanding Foreclosure Cases
How Texas Foreclosure Works and What Protections Apply
The process depends on the type of loan, and the Texas homestead receives particular protection in some respects but not others.
- Most purchase-money mortgages in Texas are foreclosed without a court case through a trustee’s sale
- The servicer must send a notice of default and allow a period to cure before a sale can be scheduled
- Written notice of the sale must be given before the sale takes place
- Home equity loans may be foreclosed only after a court process, and they carry no personal liability for a deficiency
- For most mortgage foreclosures, Texas provides no right to reclaim the home after the sale
- Under Section 51.003 of the Property Code, a lender must sue for any deficiency within two years of the foreclosure sale
- A homeowner sued for a deficiency may ask the court to credit the property’s fair market value rather than the sale price
The Texas State Law Library explains what happens after the sale, including how deficiencies and excess proceeds are handled.
What Are Important Aspects of a Foreclosure Case?
The options available shrink as the sale date approaches, so several questions have to be answered early.
- Whether the servicer sent the required notices, and when
- How many payments are missed and the full amount needed to reinstate
- Whether the loan is a purchase-money mortgage, a home equity loan, or an HOA assessment lien
- Whether the homeowner has enough income to support a repayment plan
- The home’s value relative to the loan balance
- Whether a modification or forbearance application is pending
Choosing between forbearance and modification depends on whether the hardship is temporary or long-term, and the wrong choice can leave a homeowner facing the same default a few months later.
What Is The Foreclosure Case Timeline?
Texas foreclosures can move from default to sale more quickly than homeowners expect.
- The homeowner misses one or more mortgage payments
- The servicer sends a notice of default and an opportunity to cure
- If the default is not cured, the loan is accelerated and a notice of sale is posted
- The property is sold at a public auction conducted by a trustee
- The new owner may seek possession, and the lender may pursue any deficiency
A homeowner who acts during the cure period has considerably more options than one who waits until the sale has been posted, and stopping a foreclosure becomes more difficult with each step.
What Should You Bring to Your Foreclosure Consultation?
The lender’s notices and your loan documents are the starting point for every foreclosure review.
- The notice of default, notice of acceleration, and notice of sale
- Recent mortgage statements and your payment history
- Your deed of trust and promissory note, if available
- Any correspondence about modification, forbearance, or repayment plans
- Proof of household income and a list of monthly expenses
- HOA statements and notices, if the association is involved
The consultation usually runs under an hour, and if a sale is scheduled within days we will prioritize the steps that must happen first. You will leave knowing whether the sale can be stopped, what keeping the home would require, and how a foreclosure would affect your credit if it proceeds.
Irving Bankruptcy Court and Local Resources
When bankruptcy is used to stop a sale, Irving cases are filed in the Dallas Division of the United States Bankruptcy Court for the Northern District of Texas, which publishes its division assignments by county. A pre-filing course is required from one of the approved counseling agencies, and those courses are offered online and by telephone.
Reach Out to Leinart Law Firm to Schedule a Consultation
We provide the first consultation free of charge, and we will review your notices and loan documents, identify the options still open to you, and explain what each would require. Contact us as soon as you receive a foreclosure notice, and we will respond promptly.