Can a foreclosure hearing occur without notifying the borrower?

Full question:

State of TX: Bank Foreclosure...Can a Hearing on a Foreclosure take place, if the Home Borrower is Never notified by the Court System, that the Trial is to take place? And, is it Legal for the Home Borrower ,to be Notified 1 mth. and 11 days, AFTER the Proceedings took place & a Judgement found in the Lenders favour? Also, can the Bank take procession, after the court documents are sent to a PO Box # ...Even thou, the Lender Knows the Borrower physical address? And, must a Sheriff Serve papers, to the Borrower, stating ' that the Foreclosure is set for a certain date?

  • Category: Real Property
  • Subcategory: Foreclosure
  • Date:
  • State: Texas

Answer:

In Texas, before a foreclosure can proceed, the lender must send the borrower a demand letter. This letter informs the borrower that they have twenty (20) days to pay the overdue payments before foreclosure actions begin. After this period, but at least twenty-one (21) days before the foreclosure sale, the lender must:

  1. File a foreclosure notice with the county clerk;
  2. Mail the notice to the borrower at their last known address;
  3. Post the notice on the county courthouse door.

The foreclosure sale occurs on the first Tuesday of the month, following these notifications. The sale is conducted by auction at the courthouse steps, and anyone, including the lender, may bid.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Texas, foreclosure laws require lenders to follow specific procedures before initiating foreclosure. They must send a demand letter to the borrower, giving them 20 days to cure the default. After this, at least 21 days before the foreclosure sale, the lender must file a foreclosure notice with the county clerk, mail it to the borrower at their last known address, and post it on the courthouse door. The foreclosure sale typically occurs on the first Tuesday of the month following these notifications.