Houston Consumer Protection – Lien Enforcement Laws – Priority
Perfection is an important step in the lien enforcement process – and a critical component of real estate law, business law and consumer law in greater Houston and Texas. Before initiating foreclosure proceedings or taking any other legal action, a lender or other entity must take steps to perfect a lien placed on a piece of real property. It is critical for borrowers and property owners to understand their rights with respect to lien perfection and recognize when a lender may be cutting corners or violating applicable consumer protection laws.
Lien Perfection and Consumer Protection Law in Texas
When a lender perfects a lien, it establishes the right to foreclose on the piece of property to which the lien applies. The lender has no right to foreclose prior to perfecting the lien and establishing the lien’s priority.
To perfect a lien, a lender must record the applicable mortgage in the correct jurisdiction – typically the city or county in which the property is located. If the mortgage remains unrecorded or is recorded in the wrong jurisdiction, the lender may not be able to perfect the lien or take further action to secure an interest in the property. Non-lenders may perfect liens through other means.
The perfection process establishes the lien’s “priority” and ensures that the entity secures its interest in the property ahead of other creditors or interest-holders that have not yet perfected their liens.
Work with a Seasoned Houston Consumer Protection Attorney
Although lenders and other entities are entitled to perfect liens that have been put in place in accordance with state and federal law, it is just as critical for borrowers and/or homeowners to understand their rights with respect to such liens. Moreover, borrowers and/or homeowners must be able to recognize when a lien has been put in place in violation of the law. When a property lien is implemented or perfected improperly, it jeopardizes economic and business planning activity for affected the homeowners and small business owners.
At the Law Offices of Lambert & Jakob, our principal attorneys have more than four years of experience in a wide range of lien enforcement and perfection matters related to mortgage credit and secured credit. What’s more, Mr. Jakob worked for more than a decade in various accounting, auditing and management roles at a major financial firm. As such, we have the expertise and insight to investigate, pursue and resolve all alleged violations of laws and regulations pertaining to liens and other business law, corporate law and real estate law matters.
If you are a Sugar Land homeowner worried about an improperly perfected loan, a The Woodlands landlord in danger of foreclosure or a Houston-area consumer or small business owner in a similar situation, we are committed to evaluating your situation and providing the legal enforcement necessary.
Call Us Today
If you would like more information about our Houston consumer protection attorneys’ expertise with perfection and other lien enforcement matters related to secured credit, mortgage credit and commercial credit, please give us a call at (713) 640-5700 or fill out our online contact form.