TX · deed-of-trust state · 8 rules quoted · reviewed October 5, 2026
Texas sells on one day a month, the first Tuesday, after 21 days' notice posted at the courthouse door and filed with the county clerk. No newspaper is involved, and a sale of a home can be rescinded for 15 days afterwards.
At least 21 days before the sale: posted at the courthouse door, filed with the county clerk and sent by certified mail to each debtor
“notice of the sale, which must include a statement of the earliest time at which the sale will begin, must be given at least 21 days before the date of the sale”Tex. Prop. Code § 51.002(b)
“posting at the courthouse door of each county in which the property is located a written notice designating the county in which the property will be sold”Tex. Prop. Code § 51.002(b)(1)
“filing in the office of the county clerk of each county in which the property is located a copy of the notice posted under Subdivision (1)”Tex. Prop. Code § 51.002(b)(2)
“serving written notice of the sale by certified mail on each debtor who, according to the records of the mortgage servicer of the debt, is obligated to pay the debt”Tex. Prop. Code § 51.002(b)(3)
None required; each county posts the filed notices on its website, free to view and without registration
“A county shall prominently post a notice of sale filed with the county clerk under Subsection (b)(2) on the county's Internet website on a page where the county posts other auction information and that is publicly available for viewing without charge or registration.”Tex. Prop. Code § 51.002(f-1)
The first Tuesday of the month, 10 a.m. to 4 p.m. (the first Wednesday when that Tuesday is January 1 or July 4), in the area the county designates, beginning within 3 hours of the time in the notice
“a sale of real property under a power of sale conferred by a deed of trust or other contract lien must be a public sale at auction held between 10 a.m. and 4 p.m. of the first Tuesday of a month”Tex. Prop. Code § 51.002(a)
“If the first Tuesday of a month occurs on January 1 or July 4, a public sale under Subsection (a) must be held between 10 a.m. and 4 p.m. on the first Wednesday of the month.”Tex. Prop. Code § 51.002(a-1)
“The commissioners court shall designate the area at the courthouse where the sales are to take place and shall record the designation in the real property records of the county. The sale must occur in the designated area.”Tex. Prop. Code § 51.002(a)
“The sale must begin at the time stated in the notice of sale or not later than three hours after that time.”Tex. Prop. Code § 51.002(c)
The price is due without delay once the bid is accepted, unless the trustee agrees to more time; the property is sold as is
“The purchase price in a sale held by a trustee or substitute trustee under this section is due and payable without delay on acceptance of the bid or within such reasonable time as may be agreed upon by the purchaser and the trustee or substitute trustee if the purchaser makes such request for additional time to deliver the purchase price.”Tex. Prop. Code § 51.0075(f)
“A trustee or substitute trustee may set reasonable conditions for conducting the public sale if the conditions are announced before bidding is opened for the first sale of the day held by the trustee or substitute trustee.”Tex. Prop. Code § 51.0075(a)
“acquires the foreclosed property "as is" without any expressed or implied warranties, except as to warranties of title, and at the purchaser's own risk”Tex. Prop. Code § 51.009(1)
At least 20 days to cure, after a certified-mail notice of default, before the notice of sale can be given (the borrower's residence)
“giving the debtor at least 20 days to cure the default before notice of sale can be given under Subsection (b)”Tex. Prop. Code § 51.002(d)
Only after an HOA assessment-lien sale: 180 days from the association mailing notice of the sale
“may redeem the property from any purchaser at a sale foreclosing a property owners' association's assessment lien not later than the 180th day after the date the association mails written notice of the sale to the owner and the lienholder under Section 209.010”Tex. Prop. Code § 209.011(b)
A suit must be brought within 2 years of the sale, and the borrower can ask for the property's fair market value to be credited
“any action brought to recover the deficiency must be brought within two years of the foreclosure sale”Tex. Prop. Code § 51.003(a)
“may request that the court in which the action is pending determine the fair market value of the real property as of the date of the foreclosure sale”Tex. Prop. Code § 51.003(b)
A sale of a home can be rescinded within 15 days for six reasons the statute lists; the buyer gets the bid back, not the property
“Not later than the 15th calendar day after the date of a foreclosure sale, a mortgagee, trustee, or substitute trustee may rescind the sale under this section if”Tex. Prop. Code § 51.016(b)
“Not later than the fifth calendar day after the date a foreclosure sale is rescinded under this section, the mortgagee shall return to the purchaser by certified mail, electronic or wire transfer, or courier service with delivery tracking the amount of the bid paid by the purchaser for the property at the sale.”Tex. Prop. Code § 51.016(e)
Quoted from the Texas code and re-checked by script. Statutes carry exceptions a table cannot — read the section before relying on it.
Holding a notice? The trustee sale deadline calculator turns these rules into calendar dates from the sale date it gives.
Data as of · sale counts recomputed nightly
Texas law requires 21 days, and the notices we hold run a median of 40 days from filing with the county clerk to the sale. Trustees here file well ahead of the minimum, so a month's sales are on file weeks before the sale day.
See what is scheduled now in Texas trustee sales, or the national figures in trustee sale statistics.
At least 21 days before the sale: posted at the courthouse door, filed with the county clerk and sent by certified mail to each debtor, under Tex. Prop. Code § 51.002(b). In practice, a notice we hold in Texas is filed with the county clerk a median of 40 days before the sale it announces, across 7,399 sales.
Texas allows reinstatement: at least 20 days to cure, after a certified-mail notice of default, before the notice of sale can be given (the borrower's residence), under Tex. Prop. Code § 51.002(d). The amount due is the arrears and the costs allowed, not the entire loan.
A suit must be brought within 2 years of the sale, and the borrower can ask for the property's fair market value to be credited, under Tex. Prop. Code § 51.003(a).
Only after an HOA assessment-lien sale: 180 days from the association mailing notice of the sale, under Tex. Prop. Code § 209.011(b).
TrusteeSaleData. "Texas foreclosure laws." Reviewed October 5, 2026. https://www.trusteesaledata.com/trustee-sale-laws/texas
Cite the statute itself where you can — every rule above names its section and links to the state’s own page. Corrections to a rule, with the section that contradicts it, are welcome at support@trusteesaledata.com. Nothing here is legal advice: TrusteeSaleData is not a law firm, a trustee, or a government agency.
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