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:
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.
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.
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.
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.
