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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