Types of Foreclosures

In Texas, there are three ways in which a lienholder can foreclose on a property:

Judicial Foreclosure

A judicial foreclosure requires the lienholder to file a civil lawsuit against the homeowner. They must obtain a judgment from the court before they are allowed to sell the property. This type of foreclosure is rare in Texas.

Non-Judicial Foreclosure

A non-judicial foreclosure (also referred to as a "power of sale" foreclosure) allows the lienholder to sell the property without having to file a civil lawsuit against the homeowner. In order to qualify for a non-judicial foreclosure, the lienholder must have a deed of trust with a "power of sale" clause, giving them the authority to sell the property. These foreclosures are governed by Section 51.002 of the Texas Property Code as well as the contractual documents.

Expedited Foreclosure

Judicial foreclosure is required in certain situations such as foreclosures involving home equity loans, reverse mortgages, or property owners' association assessments.

However, certain lienholders can apply for what is known as an "expedited foreclosure." This is also sometimes referred to as a "quasi-judicial foreclosure." If granted by the court, this type of foreclosure allows the process to move forward similarly to a non-judicial foreclosure.

Court Rules

Rule 309 of the Texas Rules of Civil Procedure
Court rule governing judicial foreclosures.
Rules 735 & 736 of the Texas Rules of Civil Procedure
Court rules governing the process of applying for an expedited foreclosure order.

E-Books

Texas residents can access e-books with a free library account.

Texas foreclosure manual
This State Bar of Texas manual covers foreclosure laws and procedures in Texas including debt collection, secured loans, bid evaluation, alternatives to foreclosure, and the specifics of foreclosure: notice of sale, conducting the sale, post-sale considerations, and penalties. Includes forms, foreclosure sale sites, and further Internet resources for all Texas counties.
Texas real estate guide
This multi-volume set of e-books provides comprehensive coverage of real property law. Volume 1, Ch. 8 discusses nonjudicial foreclosures. Volume 4, Ch. 53 discusses real property security interests and Ch. 70 discusses property tax foreclosures. Volume 5, Ch. 100, §103.06 discusses property owners' association foreclosures.
Home foreclosures : including reverse mortgages, tax liens, condominium liens, land installment sales, and seizure of manufactured homes
With a foreclosure crisis looming, attorneys and homeowners alike will benefit from the straightforward information and advice this volume offers about foreclosure procedures and defenses.
The foreclosure survival guide : keep your house or walk away with money in your pocket
"If you're one of the millions Americans who are having trouble making your mortgage payments or are already in jeopardy of foreclosure, this guide will give you the practical information you need, including: the ins and outs of foreclosure; how to decide if you should try to keep your house; federal programs to help you avoid foreclosure; alternatives to foreclosure, such as short sales and deeds in lieu; delaying or avoiding foreclosure with bankruptcy; and avoiding foreclosure scams." - publisher's description
Real estate finance law
"This treatise provides current, expert coverage on the law of mortgages, including the mortgagor-mortgagee relationship prior to foreclosure; mortgage substitutes; transfers by the mortgagor; transfers by the mortgagee; payment and prepayment; the foreclosure process; deficiency judgments and anti-deficiency regulation; priority issues; governmental intervention in the mortgage market; and financing real estate construction. " - publisher's description
Real estate finance in a nutshell
This nutshell provides a quick overview of real estate finance law and touches on the mortgage market, real estate financing devices, and the underlying obligation as well as rights and obligations after default and before foreclosure.

Note The library cannot tell you what the law means for your situation.