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Tx Specific FinancingForeclosure_txEASY

A Texas borrower receives a notice of default and intent to accelerate from her lender. She wants to stop the foreclosure by paying the overdue amounts. Under Texas law, can she cure the default and reinstate the loan?

Correct Answer

B) Yes, the borrower can typically cure the default by paying all past-due amounts plus fees and costs before the foreclosure sale date

Texas law generally allows borrowers to cure a default by paying all past-due amounts, plus applicable late fees and costs, before the foreclosure sale takes place. Many deeds of trust contain reinstatement provisions, and the borrower's right to cure can prevent the foreclosure sale from proceeding.

Answer Options
A
No, because once the lender sends the notice of acceleration, the borrower cannot cure the default
B
Yes, the borrower can typically cure the default by paying all past-due amounts plus fees and costs before the foreclosure sale date
C
Yes, but only if she pays the entire remaining loan balance in full
D
No, because Texas law does not provide a cure or reinstatement right for any type of loan default

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Related Topics & Key Terms

Key Terms:

foreclosurecure_defaultreinstatementborrower_rights

Related Concepts

Usury is the practice of charging an interest rate that exceeds the maximum rate permitted by state law. Usury laws protect borrowers from excessive interest charges on loans.

A VA loan is a mortgage guaranteed by the Department of Veterans Affairs available to eligible veterans, active-duty service members, and surviving spouses. It offers no down payment and no private mortgage insurance requirements.

An adjustable-rate mortgage (ARM) has an interest rate that changes periodically based on market conditions, typically after an initial fixed-rate period. The rate adjustment is tied to a financial index plus a margin.

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