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Texas Foreclosure Laws

Texas Foreclosure Laws

Attorney General's Office

Price Daniel, Sr. Building
P.O. Box 12548
Austin, TX 78711-2548
Ph: (512) 463-2100
Fax: (512) 463-2063

Foreclosure Laws in Texas

Judicial Foreclosure: Yes
Non-Judicial Foreclosure: Yes
Security Instruments: Trust Deed / Mortgage
Right of Redemption: No
Deficiency Judgments: Yes
Time Frame: 60 Days
Public Notice: Publication

Judicial foreclosure: The process used when the loan documents do not include a power of sale clause. The lender must sue in court to obtain a court order to foreclose.

Non-judicial foreclosure: The process employed when the loan documents do include a power of sale clause that authorizes the lender to sell the property to recover the loan balance in the event of the borrowers' default. If the power of sale clause defines the time, place, and terms of sale, then that procedure must be followed. If not, the procedure is as follows:

  1. Before beginning the foreclosure process the lender must mail a letter of demand to the borrower for payment the delinquent amount within 20 days.

  2. If the borrower fails to pay after the 20 day period has expired, and at least 21 days before the scheduled sale date, the lender must record a notice of sale with the county clerk, post the notice on the courthouse door, and mail s copy to the borrowers at their last known address.

  3. If the borrower fails to pay after the 20 day period has expired, and at least 21 days before the scheduled sale date, the lender must record a notice of sale with the county clerk, post the notice on the courthouse door, and mail s copy to the borrowers at their last known address.

  4. If the borrower fails to pay after the 20 day period has expired, and at least 21 days before the scheduled sale date, the lender must record a notice of sale with the county clerk, post the notice on the courthouse door, and mail s copy to the borrowers at their last known address.

Laws: