Policies | Foreclosure Information & Listing Service Inc.

Policies, Terms & Disclosures

Our user agreement

Monthly Members please take special note of Paragraph 8 below.

1. User/Subscriber may create printouts of Data for internal use only. User/Subscriber may not copy, download, store, publish, transmit, transfer, sell or otherwise use Copyright Foreclosure Information & Listing Service Inc F.I.L.S.^R All Rights Reserved (FILS) Data, or any portion of such Data, in any form or by any means except: (a) as expressly permitted by the Agreement, (b) with FILS prior written permission, or (c) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 USC Sec. 107). Downloaded Data may not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement. User/Subscriber shall not sell, license, or distribute Data in any form to third parties or use Data as a component or as a basis for any material offered for sale, license, or distribution. Use of Data to create mailing or marketing lists for commercial purpose or for distribution to third parties is strictly prohibited. User/Subscriber must keep strictly confidential the User Name and Password selected by the User. User/Subscriber’s User Name and Password must remain within its sole possession and control at all times and may not be communicated in any manner or form to any party not authorized by F.I.L.S. INC. to have access to and use such User Name and Password. Except for the license granted by this Agreement, all right, title and interest in FILS’s and its contributors’ Data, in all languages, formats, and media throughout the world, including all copyrights, are and will continue to be exclusive property of Foreclosure Information & Listing Service Inc.

2. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. FILS Data is provided “as is”, without warranty of any kind, express or implied including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. DO NOT PURCHASE REAL ESTATE LISTED IN THIS WEBSITE WITHOUT INDEPENDENTLY CONFIRMING ALL DATA REPORTED. FILS and its contributors of data shall have no liability whatsoever to User for any claim(s) related in the form of action, whether based in contract or negligence. In no event shall FILS or its contributors of Data be liable to User for any claim(s) relating to User’s inability or failure to perform research or related work, or to perform such research or other work properly or completely even if assisted by FILS, nor shall FILS or its contributors of Data be liable for any lost profits or other consequential, exemplary, incidental, indirect or special damages, even if advised of the possibility of such damages.

3. Responsibility for Certain Matters: User/Subscriber shall be responsible for all access to and use of FILS Data by User’s personnel or by means of User’s equipment and use of the FILS User Name and Password, whether or not User has knowledge of or authorizes such access and use.

4. Reservation of Rights: FILS reserves the right to modify the terms and conditions of this Agreement from time to time including, but not limited to, the right to impose access and usage limitations. Such modifications shall be effective immediately upon written notice to User/Subscriber.

5. Effect of Agreement: This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes any, and all prior understandings and agreements, oral or written, relating to. FILS may amend the terms and conditions of this Agreement by giving User/Subscriber written notice thereof. Any other amendment hereto must be in writing and signed by both parties.

6. Notices: All notices hereunder shall be given in writing to:

Foreclosure Information & Listing Service, Inc.

8000 Research Forest Dr Ste 115-236

The Woodlands TX 77382

7. Governing Law: This Agreement shall be governed by and construed under the laws of the State of Texas.

8. Automatic Rollover Monthly Charge Subscriptions: Each issue, (monthly charge), defined as access until the first Tuesday of the following month, is non-refundable. Your membership will automatically renew. This subscription is billed directly to your credit card on a monthly basis. Renewal will automatically be billed until you cancel your subscription.

9. Cancelation of Auto-renewable Monthly Subscriptions: You may cancel your auto-renewable monthly subscription by:

Accessing the “My Account” link from the File Access Page and clicking the “Cancel My Subscription” link after your login. You will be provided a Cancelation Confirmation Number.
E-mail via Contact Us link on this website where you will be provided a Cancelation Confirmation Number with your cancelation.
Contacting our office at 281-363-2631 where you will be provided a Cancelation Confirmation Number with your cancelation.

Cancelation must be completed on or before the first Tuesday of the following month to prevent recurring charges. Your cancelation does not provide for refunds. Your cancelation simply stops future monthly charges.

As an alternative, non-refundable six-month or annual subscriptions are available which provide price breaks. Each month is defined per issue, NOT 30 calendar days.

Prices are subject to change. If your account becomes inactive you will be subject to the higher price upon reactivation.

10. Delivery of Service: Delivery of service occurs immediately when your credit card charge is approved. Authorization of access to our reports via your User Name and Password on our website at www.foreclosehouston.com (i.e., delivery of service) is immediate upon acceptance of your credit card charge and our digital access registry logs your purchase and subsequent logins.

11. Refund Policy: FILS Inc. does not issue refunds on automatically renewed charges. FILS Inc. also does not issue refunds of e-Books or Forms. FILS Inc. does not issue refunds to suspended accounts due to violations of the User Agreement. For any other transaction of billing questions/concerns, please contact our office at 281-363-2631 or email via the Contact Us link on this website.

DISCLAIMERS

1. Foreclosure Posting Lists (Pre-Foreclosures) and Constable Sale Posting Lists:

The above reports are derived from foreclosure notices (both Trustee and Constable) at a variety of posting sites designated by County Commissioner Courts in accordance with the Texas Property Code, Section 51.002(b1), (b2) and (f-1). FILS Inc. makes a vigorous good faith effort to record every notice posted each month but does not guarantee 100% coverage.

The above reports are composed of data either directly derived from posted notices or indirectly derived from supplemental sources such as Deeds of Trust or Appraisal District records or such similar sources.

FILS Inc. does not guarantee the accuracy of the data published. In many cases, FILS on-line reports provide links to the foreclosure notices and appraisal district records. However, all data published by FILS Inc. should be independently verified before rendering judgments about or purchasing property listed in FILS reports. Furthermore, judgements should not be rendered about properties sold but not listed in our reports (see first paragraph above).

2. Sales Confirmation Reports (REOs/Post-Foreclosure Reports):

Representatives of FILS attend every foreclosure auction in those counties that FILS publishes Sales Confirmation Reports.

From a Master List of all properties recorded by FILS at each foreclosure auction, the fact of sale, bid price and time of sale are recorded for each property sold. Noting the conditions described in Disclaimer Paragraph 1 above, on rare occasions a sale may occur that does not appear on the Master List. If or when such circumstances arise, FILS representatives may attempt to hand-write the details but such recordation will not appear in the Sales Confirmation Reports.

FILS does not guarantee every property sold at a Trustee or Constable Sale will be filed in county records in the form of Trustee or Constable Deeds. Furthermore, while our Sales Confirmation Reports may be considered a prima facie indicator, FILS does not guarantee the accuracy of the data. The reports are NOT legal evidence of a foreclosure. The best evidence of a foreclosure is a Trustee Deed or Constable Deed filed by Trustees or Constables in county records

However, in some cases Trustee Deeds may not be filed in county records. Among several reasons why is a filing of bankruptcy prior to the sale or the untimely discovery of an IRS lien.

Furthermore, FILS cannot guarantee that every property sold at auction was witnessed by its representatives.

Such disclaimers also apply to FILS Historic Records Reports.

3. Trustee:

The Texas Property Code 51.007(d) allows Mortgagees and/or Mortgage Servicers to appoint an

Attorney (or Law Firm) who in turn authorizes as many substitute Trustees as they prefer to conduct sales of property. This legal provision renders the identification of the actual Trustee assigned to auction property in our reports virtually impossible.

FILS reports will include a “Presumed” Trustee name who has historically acted as Trustee, however any other party, both named or un-named, by the Law Firm representing the Mortgagee/Mortgage Servicer is authorized to sell the property instead of the Trustee sited in our reports and the controlling Law Firm has no legal obligation to the make the distinction prior to sale.

4. Bidding at a Trustee or Constable Sale:

If you purchase property at a foreclosure sale, rely exclusively upon the spoken word of the auctioneer should you note a discrepancy between his spoken word and the written word of our reports.

STATEMENT OF PURPOSE:

As a function of Texas law, the useful publication and currency of pre-foreclosure information is extremely time critical. While there are many uses of the information published herein, some Users need the information that appears on foreclosure notices, which are the source documents of this publication, literally as soon as we are able to publish.

Thus, as each notice is posted in county records, the goal, and therefore, the purpose of this publication is to report the information as soon as possible.

Information that appears on the source documents are the Mortgagor, the Mortgagee, the Legal Description, the County Clerk Office Deed of Trust identification number, hours of sale, Loan origination date, and the Trustee. (In some cases, even this basic information is not provided on the source documents).

All other information that appears in this publication, such as Address, Loan Types, Mortgage Amounts, Tax Valuations, and other estimated values, is provided as a result of tax roll and Deed of Trust research performed by the staff of FILS which is added to the databases after creation of the initial record. Provision of such information is gratuitous, outside of the Purpose of this publication and subject to extreme time constraints.

Consequently, Users are cautioned that this publication has been prepared from public records considered reliable, but Foreclosure Information & Listing Service Inc. does not guarantee the accuracy of the information herein. The information is distributed on an “as is” basis, without warranty and is published as a matter of convenience in accordance with our Statement of Purpose.