How Can a Lender Foreclose on a Property in Texas?

When a borrower defaults on mortgage secured by Texas property, the lender is entitled to foreclose on that property. Since most Texas mortgages contain power of sale clauses, most Texas lenders are able to pursue non judicial foreclosures. That means that, while the lender must provide certain notice to the court, the lender is not dependent on a court decree to foreclose the property. Texas law requires that a trustee provide public notice and conduct the foreclosure sale.
In the absence of a power of sale clause in the mortgage, the lender may go to court  and request a judgment of foreclosure that would allow the property to be foreclosed after proper public notice was provided.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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