Real Estate Law
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Thanks for your question and good afternoon.The lawyer here would be exempt from this statute that you reference.It would not be an issue to raise since unfortunately they are exempted.
Sec. 393.002. PERSONS NOT COVERED. (a) This chapter does not apply to:
(1) a person:
(A) authorized to make a loan or grant an extension of consumer credit under the laws of this state or the United States; and
(B) subject to regulation and supervision by this state or the United States;
(2) a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.);
(3) a bank or savings association the deposits or accounts of which are eligible to be insured by the Federal Deposit Insurance Corporation or a subsidiary of the bank or association;
(4) a credit union doing business in this state;
(5) a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));
(6) a real estate broker or salesperson licensed under Chapter 1101, Occupations Code, who is acting within the course and scope of that license;
(7) an individual licensed to practice law in this state who is acting within the course and scope of the individual's practice as an attorney;
(8) a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation;
(9) a consumer reporting agency;
(10) a person whose primary business is making loans secured by liens on real property;
(11) a mortgage broker or loan officer licensed under Chapter 156, Finance Code, who is acting within the course and scope of that license; or
(12) an electronic return originator who:
(A) is an authorized Internal Revenue Service e-file provider; and
(B) makes, negotiates, arranges for, or transacts a loan that is based on a person's federal income tax refund on behalf of a bank, savings bank, savings and loan association, or credit union.
You may want to consider your own lawyer if you want to challenge the foreclosure in court and you may have other defenses but this one would not work as far as the lawyer because he is exempt from the statute you referenced.
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Law for reference
You may want to consider your own lawyer you can locate one here through the state bar.
Thanks for letting me provide you the information you asked for.
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