Texas law allows for three different methods of foreclosure. In the absence of a power of sale clause in the loan documents, a lender may request a foreclosure through the judicial system. Public notice is provided when the lawsuit is filed and in any manner deemed appropriate by the court. A lender may also follow special procedures to take possession of the property and, since no sale will take place, no public notice is required.
However, if the loan documents contain a power of sale clause then public notice must be provided according to the terms of that clause or, if the clause does not specify specific public notice terms then according to the procedures set forth in state law. Those procedures include publishing a Notice of Sale in a local newspaper for three consecutive weeks prior to the sale.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified foreclosure lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local foreclosure attorney to discuss your specific legal situation.