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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41537
Experience:  Texas Attorney for 30 years dealing in real estate
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If an attorney and their law firm represent a client in foreclosure

Resolved Question:

If an attorney and their law firm represent a client in foreclosure cases to collect debts and do litigation, and they are not registered with the Secretary of State pursuant to Title 5, Texas Finance Code, section 293.101 as third party debt collectors, does that render their actions void or voidable, or is that a valid attack in court proceedings against their actions as attorneys.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Ray replied 5 years ago.

RayAnswers :

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.

RayAnswers :

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.

RayAnswers :

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.

RayAnswers :

I hope this has given you information that has been helpful to you and your situation. If the information appears more general than specific, please be aware that we are only allowed to provide information and not specific advice.

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.

Thanks for allowing me to be of service to you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

RayAnswers :

Law for reference

RayAnswers :

You may want to consider your own lawyer you can locate one here through the state bar.

RayAnswers :

Thanks for letting me provide you the information you asked for.

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