Taxas Law, How do you foreclosure on non-paying buyer for horses?


Question:
Need to foreclose due to non payment on horses. How do you do it in Texas?

Answer:
Foreclosure refers to real estate, so you do not 'foreclose' on them. Provided you have a contract, and they have defaulted on the agreement, you merely go to the county clerk's office and pay a small fee to file a lawsuit against them for "Breach of Contract". The clerk will give you a court hearing date, and at the hearing, you will tell the judge why they have defaulted on the loan, and the defendant will have to prove they've maintained their part of the agreement, or else the judge will Order a Default Judgment against them. If this happens, the only way you will get the money from them, if they don't pay you, is to file the default judgment (in the circuit court), which will be 'liened' against any property they own. However, you will only get your money when the property is sold.
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