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I received today by certified mail that my owner financed…

Customer Question
I received today by...

I received today by certified mail that my owner financed mortgage is being accelerated for a delinquent amount due on Note, however, I am not delinquent and I have not been provided notice that I am delinquent. Included with the notice is a Notice of Trustee Sale saying my house is to be auctioned in November. What do I do???

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Yes. I reside in Texas.

Lawyer's Assistant: Has any paperwork been filed?

I do not know. All I have received is a letter "Notice of Acceleration and of Foreclosure Sale" and, in a separate document, "Notice of Trustee's Sale" and it is notarized.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, Ma'am.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 16 minutes by:
10/3/2017
Real Estate Lawyer: Michael Bradley,
 replied 7 months ago
Michael Bradley
Category: Real Estate Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

can you send a copy of what you received?

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Customer reply replied 7 months ago
I took photos of the two documents and attached them to this response.
Real Estate Lawyer: Michael Bradley,
 replied 7 months ago

not seeing a copy of the note, if you are not behind on the payment they should not be able to accelerate if you are not behind

do you have a copy of the note?

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Customer reply replied 7 months ago
That is what I understood, as well. I am not delinquent and the latest I have ever been on a payment was 18 days only because I was working out of state on a project and I have to make payments to a very small, lesser know credit union by wire transfers for my mortgage. I do have a copy of the note. I am on the road for my job and will send a copy as soon as I get home this evening. Thank you!
Real Estate Lawyer: Michael Bradley,
 replied 7 months ago

I would call the attorney and ask for proof and an accounting that shows your delinquency

that is your right as well

you have an option but you need to get all of the information first

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Customer reply replied 7 months ago
I will certainly call today and find out. Should the accounting show a delinquency, how do I remedy the situation, I mean, of course, paying the delinquency but how to stop the Trustee Sale. If the accounting is incorrect, how to I remedy the situation? What remedies exist for this situation besides Chapter 13 bankruptcy? And what would be a reason that I was not notified of a delinquency? I feel like I bought a house that keeps getting seized and resold to cheat people out of their money.
Real Estate Lawyer: Michael Bradley,
 replied 7 months ago

it should show the delinquency

paying the delinquency will stop the sale

if they are not justified they can not go through with the sale

chapter 13 would be an option but need to make sure you have to do that

under the note I am going to guess that you should have been notified

another option is to refinance and lose the private note holder

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Customer reply replied 7 months ago
Thank you! I hear you on refinancing. I started the process to refinance as of last night. I was going to have the house paid off by this time next year too. So paying anything I am told I owe will forgo the acceleration, as well?
Real Estate Lawyer: Michael Bradley,
 replied 7 months ago

yes that is correct

under the note your should be able to pay any delinquency and that would stop any sale procedures

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Customer reply replied 7 months ago
Understood. Thank you very much for your time and for sharing your expertise with me.
Real Estate Lawyer: Michael Bradley,
 replied 7 months ago

you are welcome

good luck

please rate my advice

while I do not do this for the ratings, my compensation is tied to the rating system

thank you

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Michael Bradley
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