Notice Requirements in Texas for Foreclosures

Texas requires that property owners be informed about a pending foreclosure sale. How they are informed depends on whether the foreclosure is a judicial or non-judicial one.

Non-Judicial Foreclosures

The majority of foreclosures in Texas are non-judicial foreclosures. With a non-judicial foreclosure, the property owner will first receive a notice that informs them that they’re in default. This is to give them time to correct the problem and stop the foreclosure sale.

Banks cannot begin foreclosure proceedings until a mortgage is over 120 days delinquent. They must send two notices before beginning the foreclosure sale. The first notice, the Notice of Default, gives property owners either 20 or 30 days to either bring the loan current or work out a plan with the lender.

The second notice must give the property owner at least 21 days’ written notice of when the foreclosure sale will take place. The 21 days begin on the date the notice is mailed, not on the date the property owner receives the notice.

For unpaid property taxes, the local taxing authority can technically begin foreclosure as soon as a property tax becomes delinquent. The taxing authority will send a notice to the property owners to inform them of the date of the foreclosure sale.

Judicial Foreclosure

For a judicial foreclosure, the entity pursuing foreclosure files a petition with the local district or county court. The property owner will be served with papers informing them of the foreclosure.

Improper Notice

Texas requires that property owners receive notice of a pending foreclosure sale. If a bank, taxing authority, or other lienholder fails to give a property owner proper notice, the property owner can file a lawsuit. Proper notice is not only informing a property owner of the pending foreclosure but also following all other relevant laws, such as time requirements, as well.

In addition, the Texas Debt Collection Act bans the use of threats, coercion, and harassment by any debt collector. All communication should be open and timely.

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If you have questions about foreclosure notices or believe you have been improperly notified of a pending foreclosure, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.