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.
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