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Texas Foreclosure Statute Laws

Judicial and non-judicial foreclosure is available in Texas. Primary service instruments are deed of trust and mortgage. The timeline for foreclosure in Texas varies by process, but typically last 60 days. Right of Redemption are not allowed, and deficiency judgments are allowed.

• In Texas, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Power of Sale Foreclosure Guidelines:
Prior to proceeding with a foreclosure, Texas laws state that the lender must mail the borrower a letter of demand, informing the buyer he has twenty (20) days to pay the delinquent payments or foreclosure proceedings will begin. 
At some point after the borrowers twenty (20) days have expired, but at least twenty one (21) days before the foreclosure sale, a foreclosure notice must be:

• filed with the county clerk;
• mailed to the borrower at their last known address; and
• posted on the county courthouse door. 

The foreclosure sale must take place on the first Tuesday of any month, even if said Tuesday falls on a legal holiday, but only after the proper preliminary notices have been given.

The sale is on the courthouse steps by auction to the highest bidder for cash.

Anyone may bid, including the lender, who bids by canceling out the balance due on the note, or some part of it.

Lenders may obtain deficiency judgments, but they are limited to the difference between the fair market value of the property at the time of sale and the balance of the loan in default.


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