Owner Financing and Foreclosure - Texas Attorney for Owner Finances and Foreclosures
Real estate investors often find some of their most lucrative deals come when they provide financing to their buyer. Having the correct documents for an owner financed sale of property is critical to protecting your loan. When a borrower fails to make their installment payments you need to have the proper documents if you want to foreclose on the loan quickly and cheaply.
Holtsclaw Law Firm works directly with real estate investors across Texas. Whether you need a owner finance documents (deed, deed of trust, and promissory note) drafted or you need to send out the required notices to perform a non-judicial foreclosure, Wyatt Holtsclaw brings 15 years of legal experience to the table to get your deal done with speed and precision.
Real estate investors often find some of their most lucrative deals come when they provide financing to their buyer. Having the correct documents for an owner financed sale of property is critical to protecting your loan. When a borrower fails to make their installment payments you need to have the proper documents if you want to foreclose on the loan quickly and cheaply.
Holtsclaw Law Firm works directly with real estate investors across Texas. Whether you need a owner finance documents (deed, deed of trust, and promissory note) drafted or you need to send out the required notices to perform a non-judicial foreclosure, Wyatt Holtsclaw brings 15 years of legal experience to the table to get your deal done with speed and precision.
Legal Services for Owner Financers
We work with investors at every stage of the owner financing process — from drafting and recording owner finance documents to properly serving the required notices to conduct a non-judicial foreclosure.Owner Finance Documents
We routinely get calls from clients with nightmare scenarios from so called “rent to own” or “contract for deed” agreements. These scenarios inevitably turn into expensive protracted litigation to resolve. You can avoid this by structuring your sale as an owner finance transaction that includes a deed, a deed of trust, and a promissory note. We prepare these documents regularly for investors who finance their own property sales.Non-Judicial Foreclosures
If an investor finances enough property sales, it is inevitable that one of your borrowers will fall behind on payments. The foreclosure process can be quick and inexpensive if you have structured your owner finance sale with the correct owner finance documents. But you must follow Texas law and the contract terms strictly or there could be severe consequences. We routinely prepare the required notices that must be sent to the borrower and ensure that they are sent at the proper times. We conduct the foreclosure sale in accordance with Texas law and execute and record the deed from the foreclosure sale.Evictions
You’ve taken the property back by foreclosure sale, what do you do with the borrower who is still living in the property? Texas law requires the borrower be evicted before they can be removed from the property. We handle evictions for investors on a timeline that minimizes carrying costs and gets the property cleared so you can move forward.Straightforward Answers for Complex Deals
Owner financing of property sales can be lucrative if you can avoid the legal traps. How should you structure the sale? What documents do you need? What do you do if the borrower stops paying? How can you legally remove someone after the foreclosure sale? At Holtsclaw Law Firm, you work directly with your attorney — not a paralegal, not a form service. You’ll get a straight answer about your legal position and a clear plan for what comes next.How We Help
Every deal is different. We regularly assist investors with:- Drafting purchase and sale agreements
- Owner finance document drafting
- Sending the required foreclosure notices
- Conducting the foreclosure sale
- Evictions of unauthorized occupants