 Summary of a Texas Foreclosure Documents Needed to Begin Foreclosure 1. Copy of the RECORDED Deed of Trust A trust deed may be foreclosed by private sale or by judicial foreclosure in Texas. Because it's more expeditious, private sale is the normal method of foreclosure. Generally, a mortgage, as opposed to a deed of trust, must be judicially foreclosed. A private trustee's sale usually begins with the law firm being designated as trustee. Based on a foreclosure report from a title company, all interested parties are notified of the sale by posting at the county courthouse, filing with the county clerk, and mailing. Two notices are mailed. The first such notice is to any person who may be liable on the debt. It gives to those persons notice of the default and notice of their right to cure the default. If no cure occurs within twenty days of this first notice, a second notice is given. This notice of sale is given to all interested parties, and filed with the county clerk where it is available for public inspection. Finally, the notice of sale is posted at the county courthouse. A trustee's foreclosure sale must be held at the county courthouse. It cannot be held earlier than twenty-one days after the notice of sale is posted, filed and mailed. As indicated above, cure is possible during the twenty days after the first mailed written notice is given. This is a statutory right. Although not a defined legal right, the right to cure is generally available up to the date of sale. If the foreclosure sale does not begin within three hours of its scheduled time, the sale must be canceled and the whole process renewed. All trustee sales in Texas must be held on the first Tuesday of the month. There are no redemption rights after a trustee's foreclosure sale.
In Texas, deficiency judgments may be obtained by separate suit. |
| Texas Capital – Austin The Lone Star State Non-Judicial State Bar of Texas Foreclosure |
