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Texas Foreclosure Laws

Judicial Yes
Non-Judicial Yes
Process Period 27 Days
Sale Publication NA
Redemption Period None
Sale / NTS Trustee

Judicial Foreclosure: In the state of Texas an in court proceeding occurs if the mortgage is without a power-of-sale clause. The lender begins this process by filing suit against the borrower in order to acquire permission to foreclose. Once the court settles upon foreclosure the sale date is set.

Non-Judicial Foreclosure: Out-of-court proceedings are used more often because most mortgages include a power-of-sale clause. To begin this process a lender must send a notice to the borrower, which allows the borrower 20 days to pay the default amount. After this period of time if the debt is not paid the lender begins the foreclosure process. The lender then sends another notice to the borrower, which explains that the loans full balance is now due, and that a sale has been scheduled.

Sale: A notice of sale is posted at the county courthouse, and files a foreclosure notice with county clerk 21 days before the sale is to take place. A notice of sale should also be mailed to the borrower. The sale is carried out through public auction, and is awarded to the highest bidder.

Additional Information on Texas Foreclosure