New Texas Law Provides Active Military Personnel Rights Related to Foreclosure

A new law in Texas provides that a sale, foreclosure, or seizure of property under a deed of trust or other contract lien may not be conducted during the servicemember’s period of active duty military service or during the nine months after the date on which that service concludes. During this period, an active duty servicemember has the right to either stop foreclosure proceedings or adjust his or her obligations under the contract. The servicemember is not released from mortgage and contractual obligations, but is given an opportunity to fulfill such obligations on a timeline that is better suited to the servicemember’s particular situation.

Randall B. Clark, Esq., Colonel (USAFR, Ret.), Litigation Counsel for
Codilis & Stawiarski, P.C., based in Houston, Texas provides an excellent
summary of the new law.

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