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ISBN: 978-1-938873-75-1 © 2019
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Summary of Contents
1 Attorney-Client Relations
2 Getting Started—Information Required
3 Evaluating the Options for Collecting the Debt
4 Preforeclosure Title Concerns
5 The Note in Foreclosure
6 The Deed of Trust
7 Consumer Debt Collection Laws
8 Demand for Payment, Notice of Intent to Accelerate, and Notice of Acceleration
9 Collection of Rent by Lender before Foreclosure
10 Borrower Challenges to Foreclosure and Lender Responses
11 Trustees and Substitute Trustees
12 Notice of Foreclosure Sale
13 Bid Evaluation
14 Conducting the Sale
15 Postsale Considerations
16 Consequences of Wrongful Foreclosure
17 Suits for Deficiency
20 Judicial Foreclosure
21 Residential Foreclosure Process
22 Commercial Foreclosure Process
23 Tax Consequences of the Foreclosure Process
24 Foreclosures Resulting from Ad Valorem Taxation
25 Property Tax Loan Foreclosure Process
26 Deceased Mortgagor Foreclosure Process
27 Condominium Foreclosures
28 HEL/HELOC Foreclosure Process
29 Manufactured Housing Unit Foreclosure Process
30 Property Owners Association Foreclosure Process
31 Reverse Mortgage Foreclosure Process
32 USDA Farm, Ranch, and Housing Loan Foreclosures
33 Servicemembers Civil Relief Act
34 Residential Evictions Following Foreclosure
35 Environmental Issues Affecting the Foreclosure Process
36 Federal and State Foreclosure Assistance Programs
37 Miscellaneous Topics
Appendix A—IRS Collection Advisory Group Addresses and Counties by Areas
Appendix B—Texas County Foreclosure Resources
Statutes and Rules Cited
List of Forms by Title
William H. Locke, Jr.
Ralph Martin Novak, Jr.
G. Tommy Bastian