Tarrant County TX - Judicial Foreclosure Fees

[Ryan Drean]

I'll try to keep this short: When there is a Judicial Foreclosure between ex-wife and ex-husband (still on mortgage together) where Wife is foreclosing on the other - and if it ends up that there is no 3rd party bidder/buyer - what are the fees that the foreclosing party (Wife) will expect to pay since she will be the "winning bidder?"    Aside from her attorneys fees of course, she's looking to know Everything else she should be prepared to pay to take ownership of the house.

The lawyer has submitted the order and the foreclosure sale is happening first Tues in July. He has only said “fees” in a generic manner and gave us no idea what those fees would entail. HIS fees have been far higher than we anticipated through this process so we are hoping to avoid a $750 reply for this information since it seems to take him 2 hours to compose every email and doesn't return phone calls.

[Jerel Ehlert]

@Greg, Probably judicial foreclosure on deed of trust to secure assumption (usually of the spouse that got the house in the divorce gives the other a lien to ensure the mortgage gets paid).  If unable to foreclose non-judicial, there's an expedited section of the Texas Civil Procedure for judicial foreclosure.

Judicial foreclosure will be more expensive than non-judicial.  The attorney is doing all the same steps of non-judicial, with the added joy of filing and getting the court's approval before and reporting back afterwards.  My non-judicial is $1600+ expenses, judicial is hourly with a $3K retainer to start.  Each court (even within the same county) runs slightly different and have latitude to ask for more or less from the foreclosing attorney.  If the spouse fights the foreclosure, costs will go up.