Accepted Answer

Good afternoon,

In Texas, certain procedures must be followed in a foreclosure:

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.

If they would have taken the Judicial Foreclosure approach they would have had to file suit and serve the summons and complaint on you.


If you can prove that you had no notice of the banks intent to foreclose, then you have a chance to have the foreclosure tossed out. They would have to start the process all over again. You really need an experienced real estate attorney to assist you. I urge you to immediately seek a consultation with one in your
If they would have taken the Judicial Foreclosure approach they would have had to file suit and serve the summons and complaint on you.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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Answered:	2/3/2009

Attorney

I am a practicing attorney with more than 25 years of experience in the legal field.