FORECLOSURE & TAX SALES:
Lien & Title Review
WHAT IS FORECLOSURE?
Foreclosure is the legal process brought forth by a party or parties who have legal claims to a property. Most of the time, they have lent money and payments have been defaulted by the borrower or property owner. The interested party may foreclose on the property and attempt to sell said property in order to recover the amount(s) owed to them.
Most commonly, interested parties are:
Government Entities
Mortgage Companies
Tax Lien Lenders
Homeowner’s Associations
Lienholders
Typically, in contracts with Mortgage Companies and Tax Lien Lenders, a consequence of missed or returned payments could mean foreclosure of the property. In the event there are delinquent Ad Valorem taxes, the county offices of the Tax Assessor Collector or Central Appraisal District, they have the right to proceed with foreclosure on the property via a Tax Suit.
Attorneys at LDG, PLLC understand how daunting a Foreclosure must feel. We are here to provide support and knowledge to help you make well informed decisions regarding your representation.
WHAT IS A TAX SALE?
A tax sale in Texas is a public auction of real property conducted by a county to collect unpaid property taxes, as well as delinquent penalties and interest. When a property owner fails to pay property taxes, the local taxing authority can obtain a court judgment and order the property to be sold to recover the delinquent taxes.
Issues Most Buyers don’t know about Properties Purchased at a Tax Sale:
A Property Purchased at a tax sale is free and clear IF all lienholders were included in the tax suit AND properly noticed.
Taxes that accrued AFTER the judgment are still due and must be paid by the purchaser.
Redemption period applies to properties purchased at a Tax Sale. This can largely affect your ability to take possession and make improvements without risk.
It’s NOT uncommon for liens to be missed during the tax suit; which means that there may be lingering lienholders that attempt to collect against the property after a tax sale.
Our attorneys at LDG, PLLC are very familiar with the foreclosure process and can confidently navigate you through. We have experience drafting notices, analyzing contracts and participating in court.
Real Estate Lien & Title Review
If you are thinking about purchasing a property from an auction, foreclosure sale, or even someone you know, it is incredibly important lien and title searches are completed. Below, we have outlined three of the common review processes.
Title Review
This process consists of searching public records for deeds, mortgages, liens, claims and legal issues to verify ownership history and identify any possible issues. The purchase or sale of a property could be delayed and/or legal disputes could arise if a title review is not completed.
Post-foreclosure Lien Review
A lien is legal claim against a property that warrants the lienholder authority to pursue collection of the debt owed to them. Common types of property liens are: Tax Liens, Judgment Liens, Mortgage Liens, Hospital Liens, Child Support Liens, Mechanic’s Liens, Construction Liens, etc. In addition to the possible delay of purchase or sale of the property and possible legal disputes; outstanding liens pose a risk of financial burden to the prospective buyer as they may become liable for the debt(s) owed to the lienholders.
Ad Valorem Tax Lien Review
Ad Valorem Tax is a tax based off the assessed value of the property that is owed to Government Entities such as the county Tax Assessor Collector’s office, or the Central Appraisal District each year. Should the taxes become delinquent, the Government Entities may place a lien on the property. As mentioned above, there may be a delay of purchase or sale of the property, possible legal disputes and possible financial burdens to the prospective buyer as they may become liable for the delinquent taxes owed to the Government Entities.
At LDG, PLLC we have years of experience generating Title Reports, conducting Lien Reviews, handling Tax Suits and managing Foreclosures. This makes us an ideal Parnter and reliable resource to assist you in managing your foreclosure and tax sale needs.
Clear Pricing for Real Estate Legal Services
Flat Fee Services for Routine Transactions – For residential closings, lease agreements, title reviews, and other straightforward matters, we offer flat-fee pricing. This ensures you know the cost upfront, allowing you to plan accordingly without worrying about hourly charges.
Hourly Billing for Complex Cases – If you're navigating commercial transactions, zoning issues, title disputes, or multi-party negotiations, our hourly billing model offers the flexibility to adapt to evolving legal challenges while ensuring you only pay for the time spent on your case.
Clear Communication & Cost Transparency – We believe in upfront pricing with no hidden fees or surprises. Throughout your case, we keep you informed about costs, so you always understand the financial aspect of your legal representation.
Tailored Billing to Fit Your Needs – Every real estate matter is unique, and we work with you to determine the best billing structure for your specific situation. Whether you need cost predictability or flexible hourly billing, we provide solutions that align with your objectives.
