Chattel Mortgage Form Foreclose In Travis
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FAQ
A chattel mortgage must adhere to a prescribed form and execution process: It must be signed by the mortgagor in the presence of two witnesses. An affidavit affirming the mortgage's purpose and validity must be included and signed by the parties involved. The affidavit must be certified by an authorized officer.
In a non-judicial foreclosure, after the 20-day "right to reinstate" period has expired and at least 21 days before the sale, the servicer must provider the borrower with a Notice of Sale, letting them know the date and earliest time of the sale.
In order to qualify for a non-judicial foreclosure, the lienholder must have a deed of trust with a "power of sale" clause, giving them the authority to sell the property. These foreclosures are governed by Section 51.002 of the Texas Property Code as well as the contractual documents.
In non-judicial foreclosures, the trustee or a substitute trustee will be the one to conduct the sale. These auctions can sometimes be referred to as a "trustee sale" or "substitute trustee" sale.
The former owner will have to petition the county to turn over the surplus funds. If no one petitions to recover them, the surplus funds generally can be held by the county for two years before they are distributed to the taxing bodies that foreclosed on the property.
You'll need to act quickly to claim surplus funds after the foreclosure sale. A limited amount of time will be available for you to get the funds. The exact amount of time you'll get depends on state procedures. You can apply to either the foreclosure trustee or the court to get the foreclosure excess proceeds.
Section 34.04 - Claims for Excess Proceeds (a) A person, including a taxing unit and the Title IV-D agency, may file a petition in the court that ordered the seizure or sale setting forth a claim to the excess proceeds. The petition must be filed before the second anniversary of the date of the sale of the property.
In California, excess proceeds from foreclosure sales are typically forwarded to the state's unclaimed property division if the prior homeowner(s) cannot be contacted. Homeowners are notified of potential surplus funds via mail.
Chattel is any tangible personal property that is movable. Examples of chattel are furniture, livestock, bedding, picture frames, and jewelry.