McKinney Foreclosure Lawyer

Are you looking for a foreclosure lawyer in McKinney, TX?

At Leinart Law Firm, we are trusted foreclosure lawyers with over 15 years of experience.

If your mortgage servicer has sent a notice of default or scheduled a foreclosure sale on your McKinney home, you may still have legal options to stop the sale. Our McKinney, TX foreclosure lawyer reviews each notice, confirms the sale date, and determines whether a loan modification, a forbearance agreement, or a bankruptcy filing will protect the property.

Leinart Law Firm has represented North Texas homeowners and debtors since 2005. Our attorneys bring more than 90 years of combined experience to that work. Schedule a free consultation with our office to review your options.

Foreclosure Lawyer McKinney, TX

A foreclosure lawyer represents a homeowner whose lender is seeking to sell the property after missed mortgage payments. The work involves reviewing the loan documents and notices, negotiating with the servicer, and, when the facts support it, filing a bankruptcy case that stops the sale. Most Texas home loans are secured by a deed of trust that permits the lender to foreclose without a lawsuit. Homeowners usually learn the sale date from a letter, not a court.

Median monthly owner costs for McKinney homes with a mortgage are $2,763, according to Census Bureau data. That figure includes the mortgage payment, property taxes, insurance, and utilities. After an income drop, two or three missed payments can create an arrearage too large to repay at once.

Types of Foreclosure Cases We Handle in McKinney

Our McKinney foreclosure attorneys represent homeowners, not lenders or mortgage servicers. Each matter below involves a residential mortgage or association lien in McKinney or elsewhere in Collin County. Every one begins with a review of the loan file and each notice received.

• Mortgage default and foreclosure. These matters usually begin with missed payments and a notice of default. We confirm the claimed arrearage, check each notice for defects, and identify the decision deadline.
• Chapter 13 bankruptcy. Filing a Chapter 13 case stops a scheduled sale. The homeowner then repays the past-due balance through a court-approved plan while making each regular payment. For a homeowner with steady income who intends to stay, it’s generally the strongest option.
• Chapter 7 bankruptcy. A Chapter 7 case discharges credit card balances, medical bills, and most other unsecured debt. It does not provide a way to repay a mortgage arrearage over time. We recommend it when the homeowner can bring the loan current without a repayment plan or does not intend to keep the property.
• Credit card debt. Credit card payments often compete with the mortgage for the same household income. Discharging or restructuring those balances in bankruptcy can free that income for the home loan.
• Foreclosure temporary restraining orders. A TRO is a state court order that delays a sale for a limited period. Courts grant one only when the homeowner shows a specific problem with the foreclosure, such as defective notice. We weigh that option against a bankruptcy filing, which offers broader and longer protection.
• HOA foreclosure. Texas property owners’ associations can pursue foreclosure for unpaid assessments. We review the association’s governing documents and the amounts it claims. The balance can then be addressed through negotiation or a Chapter 13 repayment plan.
• Loan modification. A modification permanently changes loan terms, such as the interest rate or repayment period, to produce a sustainable payment. Our attorneys prepare the application, answer the servicer’s document requests, and review the final agreement before the homeowner signs.
• Mortgage forbearance. Forbearance pauses or reduces payments for a set period after a temporary hardship, such as a job loss or medical leave. Before a client accepts, we confirm how the deferred payments must be repaid. Some agreements require the full amount when the period ends.
• Mortgage. Some McKinney homeowners qualify for hardship programs through their servicer or the loan’s backing agency, such as the FHA or VA. We identify which programs apply. Any modification or bankruptcy plan is then built around them.

Why Choose Leinart Law Firm as My Foreclosure Lawyer in McKinney, TX?

Admitted to the Bankruptcy Court That Hears Collin County Cases

Marcus Leinart founded our firm in 2005. The State Bar of Texas has licensed him since 1995, the year he earned his law degree from Texas Tech University. He is admitted to the U.S. Bankruptcy Courts for the Eastern District and the Northern District of Texas. Collin County falls within the Eastern District. A McKinney homeowner’s bankruptcy case is therefore filed in a court where our founder is admitted. He is also a member of the National Association of Consumer Bankruptcy Attorneys (NACBA).

Our bankruptcy lawyer in McKinney, TX can also address the mortgage default and any other debts in a single case if a filing becomes necessary.

Thousands of Bankruptcy Filings Since 2005

Since opening in 2005 with one employee, Leinart Law Firm has grown into a multi-attorney firm with offices in Dallas and Fort Worth. Its record in bankruptcy and debt relief includes:

• Thousands of bankruptcy cases filed by our founder on behalf of consumers
• Debt relief obtained for thousands of clients
• A founder whose career has centered on individuals and families, not large corporations
• Free consultations on foreclosure matters

What Is Important To Understand About Foreclosure Cases?

Chapter 7 vs. Chapter 13 and What Qualifies

Either chapter stops a pending sale through the automatic stay, which takes effect when the petition is filed. The difference lies in how each chapter treats the mortgage afterward.

• Chapter 13 reorganizes debt through a trustee-supervised repayment plan. The homeowner repays the arrearage through the plan and keeps making the regular mortgage payment. Federal court guidance describes Chapter 13 as a way to save a home from foreclosure.
• To qualify for Chapter 13, you must have regular income that can cover both the plan and the ongoing mortgage. Total debts must also fall below federal limits.
• Chapter 7 is a shorter case that addresses unsecured debt. It stops a sale only temporarily. It offers no way to cure missed mortgage payments.
• An income test determines who qualifies for Chapter 7. It begins by comparing household income with the Texas median for a household of the same size. Filers above the median complete a further review of expenses.
• Earlier bankruptcy filings can limit eligibility or shorten the stay. We review any prior case before recommending either chapter.

What Are Important Aspects of a Foreclosure Case?

Timing governs most decisions in a Texas foreclosure. A Chapter 13 petition stops a sale only if you file it before the trustee completes the sale. No bankruptcy filing can undo a sale that has already occurred. Modification applications also depend on dates. One submitted well before the sale receives more protection than one sent in the final days.

Documentation is the second factor. Servicers commonly deny modification and forbearance requests for missing pay stubs, unsigned forms, and outdated bank statements. A denial often means starting the application again.

Finally, the homeowner’s objective determines which remedies apply. A household that intends to stay needs a realistic way to cure the arrearage while making the regular payment. For a household prepared to leave, the concern is different: avoiding personal liability for any balance the sale does not cover.

What Is The Foreclosure Case Timeline?

The stages below follow a typical nonjudicial foreclosure in Collin County. Each one is dated in the letters the servicer and its trustee send.

1. Missed payments. The servicer assesses late fees once mortgage payments are missed. It also contacts the homeowner about loss mitigation.
2. Notice of default. A written notice states the amount past due and the deadline to cure it.
3. Acceleration and notice of sale. If the homeowner does not cure the default, the lender can declare the entire balance due and schedule a trustee’s sale. The notice of sale is filed with the Collin County Clerk.
4. Trustee’s sale. The trustee sells the property at the county’s designated sale location.
5. Possession. The buyer can file an eviction case against an occupant who stays after the sale.

A bankruptcy petition filed at any point before the fourth stage stops the process.

What Should You Bring to Your Foreclosure Consultation?

The notices from your servicer set the deadlines in your case. Income records show whether a modification or a Chapter 13 plan is workable. These records also cover most of the documents needed for bankruptcy if a filing becomes necessary.

• Every letter from the servicer or its foreclosure trustee, including any notice of sale
• Your most recent mortgage statement and the deed of trust from closing
• Pay stubs or other proof of household income for the past six months
• Any modification or forbearance applications, approvals, or denials
• HOA statements or demand letters, if an association is involved

During the consultation, a foreclosure attorney reviews these documents, confirms the sale date, and explains which options remain available before it. If keeping the home isn’t realistic on the household’s current income, we’ll say so at that meeting. We will also explain the alternatives.

Eastern District of Texas Bankruptcy Court and Local Resources

McKinney residents file bankruptcy in the Sherman Division of the U.S. Bankruptcy Court for the Eastern District of Texas. That division is served by the court’s Plano office at 660 North Central Expressway.

Foreclosure notices for Collin County properties are filed with the County Clerk. The county’s foreclosure notice search lists each property with its city and scheduled sale date. Collin County designates the steps of the Collin County Courthouse, 2100 Bloomdale Road in McKinney, as the location for trustee sales.

Reach Out to Leinart Law Firm to Schedule a Consultation

Leinart Law Firm offers free consultations to homeowners who have received a notice of default or a notice of sale. At that meeting, our McKinney foreclosure lawyer reviews your loan documents and income. We then explain each option available before the sale date. Contact us to request a consultation. Our office will follow up to schedule a time.