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Texas

Texas Property Code § 51.002. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial foreclos

Deficiency

Lender may pursue deficiency. Deficiency limited to debt − f

Mediation

No mandatory statewide program. Some counties have voluntary

Statute Citation

Tex. Prop. Code §§ 51.002-51.015

Redemption Period

No statutory right of redemption after non-judicial foreclosure for most residential properties. Narrow exceptions: home equity loans (Tex. Const. Art. XVI, § 50) and property tax foreclosure sales.

Deficiency Judgment Rule

Lender may pursue deficiency. Deficiency limited to debt − fair market value (Tex. Prop. Code § 51.003). The borrower MUST request a fair value determination within 2 years of the sale. If the court finds the sale price was less than fair market value, the deficiency is calculated using fair market value.

Notice Requirements

Notice of sale filed and mailed to borrower at least 21 days before sale. Notice posted and filed. Notice of default must be sent at least 20 days before notice of sale.

Mediation Program

No mandatory statewide program. Some counties have voluntary programs.

Key Provisions

  • Non-judicial foreclosure — fastest in the nation alongside Georgia (typically 45-60 days)
  • Strict constitutional protections for home equity loans (no foreclosure without court order for home equity loans)
  • Fair value determination for deficiency upon borrower request
  • 21-day notice requirement

Homeowner Protections

  • Home equity loans cannot be foreclosed non-judicially (requires court order)
  • Fair value limitation on deficiency (must request within 2 years of sale)
  • Strict notice requirements under § 51.002 — failure is a defense
  • Texas has detailed statutory requirements — procedural noncompliance supports a wrongful foreclosure claim

Frequently Asked Questions

How does Texas's fair value determination work for deficiency?+
After a non-judicial foreclosure, the lender can sue for deficiency. Under Tex. Prop. Code § 51.003, you can request the court to determine the fair market value of the property at the time of the sale. If the court finds the fair market value was higher than the foreclosure sale price, the deficiency is calculated using fair market value. Example: debt is $200,000, property worth $180,000, but sold at auction for $120,000. Without a fair value determination: deficiency = $200,000 − $120,000 = $80,000. WITH fair value determination: deficiency = $200,000 − $180,000 = $20,000. You saved $60,000. You must request this within 2 years of the sale.
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