Foreclosure Defense Attorneys in Austin, TX

As part of our real estate law practice, Kelly Legal Group offers foreclosure defense services for homeowners throughout Texas. With decades of experience in property law, our attorneys have the knowledge to help you fight for your rights and keep your home.

When you meet with one of our foreclosure defense lawyers, the first step in the process is a careful examination of your mortgage and other paperwork relating to the foreclosure. This may uncover careless, unethical, or even illegal practices by your lender that can bolster your case. It also allows us to analyze your situation and present to you the best possible defense strategies to help you in mediation or court. These arguments could be:

  • Your lender never sent you a breach letter to notify you that you were in default
  • You’re currently making payments on a loan modification plan
  • You have an FHA, VA, or USDA loan and your lender did not follow federal regulations for loss mitigation prior to beginning the foreclosure process
  • Your lender was pursuing a foreclosure and loan medication with you at the same time
  • You were subject to excessive fees not authorized by your contract with the lender
  • Your lender overstated the amount you need to pay to reinstate your mortgage

In Texas, foreclosures do not have to be done through the court, so it’s particularly important to hire a skilled attorney to represent your interests. 

If there are no illegalities or ethical issues uncovered after reading over all of your documentation, the next step is to consider all of your options. You’ll need to think about what your goals are––do you want to walk away from your home and not owe anything or stay in your home? In most cases, your options will include:

  • Negotiating with your lender to reduce or write off any past due payments
  • Obtaining a loan modification from your lender with payments you can afford to help you get back on track
  • Reducing the interest rate on your loan
  • Starting the short sale process
  • Using a deed-in-lieu of foreclosure, deeding your property to the lender

If you or your spouse is a member of the military who is on active duty, there’s another way to avoid a foreclosure: the Servicemembers Civil Relief Act (SCRA). This law provides special protections for servicemembers and their families, helping them stay in their homes. If you’re serving our country in the military, we’re happy to explain these protections to you during a free consultation.

We understand that being faced with a foreclosure is a stressful time for your entire family. It may be difficult to justify hiring an attorney when you already feel like you’re underwater, but we can help you get back on solid ground. We’re here to help support you; we’ll be by your side through the process.

Call for a Free Consultation

Kelly Legal Group’s foreclosure defense attorneys offer free consultations to help you understand your situation. Call (512) 505-0053 to schedule a meeting at our Austin office.