Texas foreclosure

The Texas foreclosure process can be judicial or non-judicial. If the lender inserted a power of sale clause in the deed of trust or mortgage then the non-judicial foreclosure process can be followed.

If there is no power of sale clause in the mortgage, then the judicial foreclosure process will have to be started by filing a lawsuit in the county where the property is located.

When it comes before a judge, the judge will determine how much you'll need to pay to bring the loan current. You will also be given some time to pay this fee.

If the amount requested is not paid in the time allowed, then the judge will allow the sale to go forward at the county courthouse.

Now, if there is a power of sale clause then the non-judicial foreclosure process will be followed. In cases when the time, place and terms of the sale are specified then those terms are followed.

If the terms are not listed, then the non-judicial foreclosure process is carried out as follows:

1. The lender must send you, the borrower, a notice demanding that you pay the amount that you're in arrears and giving you 20 days to pay.


2. After the 20 days have expired, the lender must file a notice of the sale with the county clerk's office. It must also post a copy of this notice at the courthouse door and mail a copy to you at your last known address.


3. At least 21 days after this notice has been posted but on the first Tuesday of the month, the sale will be held at the courthouse steps.