Foreclosure Postponement, Chapter 13, and TROs: Questions to Ask a Texas Attorney

If your Houston home has a scheduled foreclosure sale, a lawyer may need to evaluate more than the pending cash offer. A voluntary postponement, bankruptcy case, and state-court request for relief are different legal paths. None should be presented by a buyer as a guaranteed last-minute rescue or selected from a generic checklist without reviewing your facts.

First, identify the outcome you need

Tell counsel whether you want to keep the home, complete an existing sale, or evaluate both. Bring the actual notices and explain what has already happened. A lawyer assessing a proposed sale needs to know whether the buyer has funds, whether title is clear, and how much time the remaining steps realistically require.

Do not describe a request as approved unless you have the approval. If the servicer is reviewing a postponement or assistance application, provide the messages showing its current status. If you have filed bankruptcy before, disclose every relevant filing and dismissal; leaving that information out can materially change the advice.

Voluntary postponement: ask who can agree

Ask the servicer or its authorized representative whether it will consider postponing the identified sale and what documentation it requires. A purchase contract, evidence of funds, and title progress may help explain the request, but submission is not agreement. Your attorney should review any written conditions and confirm how the trustee will be informed.

Useful questions include: “What exactly was approved? Does the approval depend on a payment or deadline? Who will confirm implementation? What happens if the buyer misses closing?” Keep a plan for the possibility that the request is denied or not decided in time.

Chapter 13: ask about eligibility and a workable plan

U.S. Courts explains that Chapter 13 can allow eligible individuals with regular income to address debts through a repayment plan. Its automatic stay generally stops collection activity, but exceptions and limits apply. Foreclosure completion before filing and failure to make required later payments can affect the home. U.S. Courts Chapter 13 overview.

Ask a bankruptcy attorney about eligibility, prior filings, counseling requirements, the scope of any stay, expected payments, fees, and what happens if a contemplated property sale does not close. Ask whether selling during the case requires additional steps. A bankruptcy filing is a consequential legal proceeding, not merely a document a buyer can promise to arrange.

State-court relief: distinguish a request from an order

If counsel believes there is a legal basis to seek a temporary restraining order or other injunctive relief, ask about the required facts, evidence, procedure, notice, bond, and the proposed order’s scope. Filing papers does not mean a judge has granted relief. Counsel should confirm what has actually issued and how the relevant parties must receive notice.

Texas publishes its procedural rules through the judiciary’s official rules page. Have counsel use the current rules and any applicable local procedures; archived drafts and search snippets may describe older versions. Texas judicial rules and standards.

Prepare a useful consultation packet

• Every default, acceleration, sale, and court notice.
• Loan statements and the deed of trust, if available.
• Prior bankruptcy case numbers and outcomes.
• Current income, essential expenses, and major debts.
• Any buyer contract, title updates, and proof of funding.
• Dated servicer communications and assistance submissions.

Ask counsel to separate immediate actions from later obligations and to identify the first decision that cannot wait. Confirm who is responsible for each communication. If representation is accepted, clarify its scope: a brief consultation, a foreclosure dispute, and a bankruptcy filing are not interchangeable engagements.

Keep transaction work moving appropriately

A legal assessment and closing preparation can proceed together. Share relevant developments with the lawyer and escrow officer, but do not assume either knows what the other has received. Use the official help resources if you need counsel, and review what an open escrow file actually establishes.