Bankruptcy Key Areas

Home Equity Lien Avoidance

Texas home equity loans and liens

must meet the strict requirements of the Texas Constitution. If they do not they are invalid and under certain circumstances, the borrower can avoid the lien and recover all payments made to the lender plus attorney’s fees. Under recent amendments to the Texas Constitution a borrower who wishes to challenge the defective nature of a home equity loan must notify the lender in writing of the specific defect. If the lender does not cure the defect within 60 days, a lawsuit can be brought to avoid the lien and for damages. San Antonio attorney Martin Seidler as successfully litigated many Texas Home Equity Lien Avoidance claims “wiping out” invalid liens on his clients’ homes. Some of these actions involved claims against Citibank, Wells Fargo, Stored Value Marketing, Bank One amongst several others. Mr. Seidler has litigated these claims in state and federal courts.

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The LAW OFFICES OF MARTIN SEIDLER serves clients throughout South and Central Texas including Bexar, Comal, Wilson, Medina, Bandera, Uvalde, Kerr, Gillespie, Guadalupe, Kendall, Maverick, Webb, Lee, Travis, Llano, Real, Frio, Karnes, Kimble and Nueces counties.