Best Mortgage Lawyers in Houston

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Phelps Dunbar LLP.

Phelps Dunbar LLP.

Houston, United States

Founded in 1853
300 people in their team
Our health law attorneys represent hospitals, physicians, managed care organizations and other health care providers throughout the Southeast as...
English
Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP

Houston, United States

Founded in 1948
1,700 people in their team
The traits that fueled Skadden’s rise from a New York startup to a global powerhouse — collaborative, innovative, persistent — continue to...
English

About Mortgage Law in Houston, United States

Mortgage law in Houston, United States governs the legal aspects of borrowing and lending money for purchasing or refinancing real estate properties. It is important to understand the local regulations and requirements when entering into a mortgage agreement to protect your rights and interests as a homeowner or a lender.

Why You May Need a Lawyer

There are several situations where you may require legal help in the field of mortgage:

  • If you are purchasing a property and need assistance with the mortgage contract and negotiations.
  • If you are facing foreclosure or are at risk of losing your home.
  • If you believe you have been a victim of mortgage fraud or predatory lending practices.
  • If you need guidance on mortgage refinancing, modification, or loan assumption.
  • If you are a lender and need help with legal documentation, foreclosure proceedings, or debt collection.

Local Laws Overview

Key aspects of local laws in Houston, United States that are particularly relevant to mortgages include:

  • Property and real estate laws governing ownership, rights, and obligations.
  • Laws related to mortgage contracts, including disclosure requirements and terms.
  • Foreclosure laws and procedures in case of mortgage default.
  • Consumer protection laws to prevent predatory lending practices.
  • Tax laws that may impact mortgage payments and deductions.

Frequently Asked Questions

1. Can I be evicted if I default on my mortgage payment?

Yes, If you default on your mortgage payment, the lender may start foreclosure proceedings, which could eventually lead to eviction if the property is sold through foreclosure. It is important to seek legal assistance to explore options and defend your rights.

2. What is the statute of limitations for mortgage-related legal actions?

The statute of limitations for mortgage-related legal actions varies by state and the nature of the claim. In Houston, Texas, the statute of limitations for most mortgage-related actions is generally four years. However, it is advisable to consult with a lawyer to determine the specific time limits applicable to your situation.

3. Are there any government programs to assist homeowners with mortgage issues?

Yes, there are several government programs available to assist homeowners with mortgage issues, such as the Home Affordable Modification Program (HAMP), the Texas Mortgage Assistance Program (TMAP), and the Hardest Hit Fund (HHF). These programs aim to provide financial relief and prevent foreclosures. It is recommended to contact a lawyer or local housing authority to explore eligibility and application processes.

4. What are my rights as a borrower in a mortgage contract?

As a borrower, you have rights such as the right to receive clear and accurate information about the loan terms and costs, the right to dispute errors in your mortgage statement, the right to be protected against discriminatory lending practices, and the right to be notified in advance of any changes to your mortgage terms. It is crucial to review your mortgage contract and consult with a lawyer to understand and protect your rights.

5. How can I avoid mortgage fraud and predatory lending?

To avoid mortgage fraud and predatory lending, it is essential to conduct thorough research, work with reputable lenders, read and understand all loan documents before signing, be wary of unsolicited offers, and seek legal advice if you suspect any fraudulent activities.

Additional Resources

  • Houston Bar Association - Real Estate Section: www.hba.org
  • Texas Department of Savings and Mortgage Lending: www.sml.texas.gov
  • U.S. Department of Housing and Urban Development (HUD): www.hud.gov

Next Steps

If you require legal assistance in mortgage matters, it is advisable to consult with an experienced lawyer in Houston specializing in real estate and mortgage law. They can provide personalized advice and guidance based on your specific situation. To find a suitable lawyer, you can ask for referrals from friends, family, or the local bar association, and schedule initial consultations to discuss your case.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.