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Foreclosure

A legal research guide on the state and federal laws for foreclosure.

The Sale


Note Foreclosure procedures may be impacted by the COVID-19 pandemic. Please see the Homeowners subpage on the COVID-19 and Texas Law research guide for current information related to COVID-19 and foreclosures.

Conducting the Sale

Foreclosure auctions are generally held the first Tuesday of each month between 10:00 a.m. and 4:00 p.m. at the county courthouse. The sale must begin at the time stated in the notice of sale, but no later than three hours after the time scheduled on the notice of sale.

Texas Law

Court Rules

What Happens at the Sale?

In non-judicial foreclosures, the trustee or a substitute trustee will be the one to conduct the sale. These auctions can sometimes be referred to as a "trustee sale" or "substitute trustee" sale.

In judicial foreclosures, the auction may be conducted by a county official, often the county constable, or by an agent hired by the local taxing authority (for those involving property taxes).

E-Books from the Texas State Law Library

You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online.