Foreclosure in Texas>Question Details

Voncille Den…, Both Buyer and Seller in Jacksonville, FL

How long is foreclosure process iin Texas.?

Asked by Voncille Denson, Jacksonville, FL Tue Jan 26, 2010

Are all cities in State of Texas following Non-Judicial Foreclosure process ?

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Agree with Jason. In Texas we use both a 'Deed of Trust' and a 'Promissory Note' which allows for a non-judicial foreclosure process.

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

1.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.

2.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: 1) filed with the county clerk; 2) mailed to the borrower at their last known address; and 3) posted on the county courthouse door.

3.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.

Hope this helps.
0 votes Thank Flag Link Fri Dec 17, 2010
There is no right of redemption on non-judicial foreclosures in Texas.

I have seen between 21 and 30 days. It happens pretty quick in San Antonio for the most part.
0 votes Thank Flag Link Fri Dec 17, 2010
Every city in the state of texas is handled the same. Bruce handled the time line well. The thing to remember is in Texas when you miss the second mortgage payment, you better start thinking on what you want to do. Because lenders normally send people to foreclosure after missing 4-5 payments. That means after missing 7 payments a mortgagor could have gone to foreclosure.

Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee


http://milwaukeebailout.com
0 votes Thank Flag Link Wed Jan 27, 2010
Very quick....typically less than 30days. I don't remember exactly...I think it is longer than 21 days, but not much longer. If I remember correctly the notice of default just has to be made 21 days prior to the first Tuesday of the month. Some borrowers might be notified as much as 45 days in advance, but I think typically that final step is done within about the last month.

There is no right of redemption on non-judicial foreclosures here.
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Tue Jan 26, 2010
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
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