Non-Judicial Foreclosure
Foreclosure conducted by the trustee under a deed of trust's power of sale, without a court action, on the first Tuesday of the month in Texas.
Non-judicial foreclosure is the process by which a trustee sells property under the power of sale in a deed of trust, without filing a lawsuit. Texas relies on this method for most home loans. The trustee follows the Texas Property Code: the lender gives notice of default and a chance to cure, then the trustee gives notice of sale and conducts a public auction.
Texas foreclosure sales occur on the first Tuesday of the month, during set hours, at the county courthouse, after notice is posted and filed in advance.
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- Deed of Trust
The Texas security instrument that pledges real property for a loan and lets a trustee sell it non-judicially if the borrower defaults.
- Trustee (Deed of Trust)
The neutral third party named in a Texas deed of trust who holds the power of sale and conducts a non-judicial foreclosure if the borrower defaults.
- Foreclosure
The process by which a lender forces the sale of property after default. Texas usually uses non-judicial foreclosure under a deed of trust.
- Deficiency Judgment
A court judgment against a borrower for the loan balance still owed after a foreclosure sale brings less than the debt.
This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.