Texas Commercial Law Firm

Jurors may find it unfair, for example, if a lender elects not to send a new N.O.I. in order to be able to foreclose 30-45 days sooner. When it comes to someone losing their home, regardless of whether they have any viable means of making mortgage payments, and regardless of a lender's good faith and fairness in its dealing with the consumer, a good plaintiff's attorney can paint a picture of the lender as being a villain by questioning their actions on the most trivial of foreclosure procedures. Additionally, juries in foreclosure litigation between a consumer and lender are well aware that while a decision in favor of the consumer will have little or no impact on the lender's business as a whole a decision in favor of the lender, on the other hand, has immediate drastic consequences for the consumer and his family.

For the foregoing reasons among others, therefore, when deciding foreclosure litigation between lenders and consumers Texas Courts have a pronounced tendency to resolve doubts on factual issues in favor of consumers and generally to give consumers the benefit of the doubt while holding the lender to a strict standard of compliance with foreclosure procedures. It is this tendency which leads us to recommend the use of a properly worded forbearance agreement whenever a lender agrees to accept and apply payments to a loan which has been accelerated but not reinstated.

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