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