Stop Foreclosure Texas

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Texas TX Foreclosure Laws

Lenders in the state of Texas may foreclose on deeds of trusts and mortgages in default using either a judicial or non-judicial process. The foreclosure process in Texas is considered fairly simple in comparison to the steps required in many other states.

Judicial Foreclosure

A judicial process of foreclosure requires that the lender file a lawsuit and attain a court order to foreclose on a particular property.

Non-Judicial Foreclosure

If a power of sale clause exists in the deed of trust or mortgage document, a non-judicial process of foreclosure is used. This allows the lender to sell the property and pay off the balance of the loan in the event the homeowner defaults. The power to sell may be completed by the lender or their representative in situations where a power of sale exists. The procedure for this type of foreclosure process is explained in the "Power of Sale Foreclosure Procedure" listed below.

Power of Sale Foreclosure Procedure

If the deed of trust or mortgage has a power of sale clause and it details the time, place and terms of sale, then the outlined procedure must be followed. However, if the power of sale clause does not clarify the time, place and terms of sale, then a foreclosure sale is conducted as follows:

Before the lender can proceed with a foreclosure, they must send the borrower a letter of demand. The letter informs the buyer that they have twenty (20) days to pay all delinquent monies or foreclosure proceedings will begin. If the borrower does not pay the required past due amounts to cure the default, the lender can file the foreclosure notice starting on day twenty-one (21). The foreclosure notice is filed with the appropriate county clerk, a copy mailed to the borrower, and another posted on the county courthouse door.

Foreclosure sales occur on the first Tuesday of each month, even if that Tuesday falls on a legal holiday, but only after property preliminary notice is given. The sale is by pubic auction on the courthouse steps to the highest bidder. The lender is permitted to bid.

The borrower has no rights of redemption in Texas. Lenders are allowed to pursue deficiency judgments for the difference between fair market value and the balance owed on the loan.

Legal Information Is Not The Same as Legal Advice This site provides information about Texas state foreclosure law designed to help users safely cope with their own legal needs and possible find alternatives. Everyone's legal status is different. The laws of every state are in constant change and we recommend you consult a lawyer.