With the Houston metro area ranking in America's Top 10 for foreclosures at the present, this crisis is one that many believe needs to stop. One of the best things homeowners themselves can do to stop foreclosures in Houston is to know their rights.

When homeowners arm themselves with the facts, they are better equipped to take the right steps to avoid the default and foreclosure process. There are opportunities all along the way that can be taken advantage to avoid loss of home or at least loss of credit.

Under Texas law, the foreclosure process does depend a lot on the way the mortgage is written. If the loan documents do not have a power of sale clause, a judge will oversee the process.

For homeowners that have a sales clause, the process is fairly straightforward. Once a home is deemed in default, which is generally after three to six months of non-payment, the lender will demand payment of the past due amount. Homeowners have 20 days to bring the account up to date or face foreclosure. If this timeframe expires, a notice of sale will be recorded with the county clerk where the home is located. A sale will then take place.

Homeowners Rights During The Process

Throughout most of the foreclosure process, homeowners still maintain the right to:

?Bring the loan up to date. This is the best possible way to stop foreclosures in Houston.

?Negotiate with the lender. To help clients, some lenders are willing to make payout arrangements, negotiate new terms or even move default payments to the back of the loan. It can pay to pick up the phone and call.

?Sell the home. Homeowners can avoid foreclosure by selling the property in question for at least the loan amount.

?Legal assistance. Initiating a bankruptcy proceeding can sometimes stall the foreclosure process. In certain forms of bankruptcy, it is possible to have a judge order a repayment plan for the defaulted amount.

It is possible to stop foreclosures in Houston if homeowners know the process and their rights during proceedings. There are many opportunities along the road to foreclosure for homeowners to make an attempt to catch up, negotiate new terms or even sell.

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