Texas Codes

Tex. Prop. Code § 51.002 (2026)

Sale Of Real Property Under Contract Lien

✓ current as of May 2026

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Sec. 51.002. SALE OF REAL PROPERTY UNDER CONTRACT LIEN. (a) Except as provided by Subsection (a-1), 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. Except as provided by Subsection (h), the sale must take place at the county courthouse in the county in which the land is located, or if the property is located in more than one county, the sale may be made at the courthouse in any county in which the property is located. 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. If no area is designated by the commissioners court, the notice of sale must designate the area where the sale covered by that notice is to take place, and the sale must occur in that area.

(a-1) 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.

(b) Except as provided by Subsection (b-1), 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 by:

(1) 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;

(2) 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); and

(3) 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.

(b-1) If the courthouse or county clerk's office is closed because of inclement weather, natural disaster, or other act of God, a notice required to be posted at the courthouse under Subsection (b)(1) or filed with the county clerk under Subsection (b)(2) may be posted or filed, as appropriate, up to 48 hours after the courthouse or county clerk's office reopens for business, as applicable.

(d) Notwithstanding any agreement to the contrary, the mortgage servicer of the debt shall serve a debtor in default under a deed of trust or other contract lien on real property used as the debtor's residence with written notice by certified mail stating that the debtor is in default under the deed of trust or other contract lien and giving the debtor at least 20 days to cure the default before notice of sale can be given under Subsection (b). The entire calendar day on which the notice required by this subsection is given, regardless of the time of day at which the notice is given, is included in computing the 20-day notice period required by this subsection, and the entire calendar day on which notice of sale is given under Subsection (b) is excluded in computing the 20-day notice period.

(e) Service of a notice under this section by certified mail is complete when the notice is deposited in the United States mail, postage prepaid and addressed to the debtor at the debtor's last known address. The affidavit of a person knowledgeable of the facts to the effect that service was completed is prima facie evidence of service.

(f) Each county clerk shall keep all notices filed under Subdivision (2) of Subsection (b) in a convenient file that is available to the public for examination during normal business hours. The clerk may dispose of the notices after the date of sale specified in the notice has passed. The clerk shall receive a fee of $2 for each notice filed.

(f-1) 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. Along with each notice of sale posted under this subsection, the county must post the date, time, and location of the sale on the same website page on which the notice is posted.

(g) The entire calendar day on which the notice of sale is given, regardless of the time of day at which the notice is given, is included in computing the 21-day notice period required by Subsection (b), and the entire calendar day of the foreclosure sale is excluded.

(h) For the purposes of Subsection (a), the commissioners court of a county may designate an area other than an area at the county courthouse where public sales of real property under this section will take place that is in a public place within a reasonable proximity of the county courthouse as determined by the commissioners court and in a location as accessible to the public as the courthouse door. The commissioners court shall record that designation in the real property records of the county. A designation by a commissioners court under this section is not a ground for challenging or invalidating any sale. A sale must be held at an area designated under this subsection if the sale is held on or after the 90th day after the date the designation is recorded. The posting of the notice required by Subsection (b)(1) of a sale designated under this subsection to take place at an area other than an area of the courthouse remains at the courthouse door of the appropriate county.

(i) Notice served on a debtor under this section must state the name and address of the sender of the notice and contain, in addition to any other statements required under this section, a statement that is conspicuous, printed in boldface or underlined type, and substantially similar to the following: "Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately."

Acts 1983, 68th Leg., p. 3525, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 3(b), eff. Oct. 2, 1984; Acts 1987, 70th Leg., ch. 540, Sec. 1, eff. Jan. 1, 1988; Acts 1993, 73rd Leg., ch. 48, Sec. 5, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 554, Sec. 2, eff. Jan. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch. 533 (H.B. 961), Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 555 (H.B. 1235), Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 2738), Sec. 2, eff. June 15, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 252 (H.B. 1127), Sec. 2, eff. January 1, 2012.

Acts 2011, 82nd Leg., R.S., Ch. 592 (S.B. 101), Sec. 1, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 52 (H.B. 584), Sec. 1, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 17.001, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 642 (H.B. 699), Sec. 2, eff. October 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 133 (H.B. 1128), Sec. 3, eff. September 1, 2017.

Acts 2023, 88th Leg., R.S., Ch. 268 (S.B. 62), Sec. 1, eff. September 1, 2023.

Notes of Decisions

Cited in 489 cases (133 in the last 5 years), 1985–2026 · leading case: Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267 (Tex. App. 2004).

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Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267 (Tex. App. 2004). · cites it 17× “We note that no instrument signed by appellants expressly waived their rights under Texas Property Code section 51.002, the pro *285 cedural foreclosure statute at issue in this section IV.”

Stanley v. CitiFinancial Mortg. Co., Inc., 121 S.W.3d 811 (Tex. App. 2003). · cites it 10× “The statutory notice requirements are found in Tex. Prop.Code Ann. § 51.002(b)(3) (Vernon 1995).”

Sanders v. Shelton, 970 S.W.2d 721 (Tex. App. 1998). · cites it 12× “The remaining claims were severed making this a final judgment from which Sanders appeals. Sanders brings two points of error. In his first point of error, he contends the trial court erred by granting Shelton's summary judgment because (1) the trustee's notice of sale did not…”

Biggers v. BAC Home Loans Servicing, LP, 767 F. Supp. 2d 725 (N.D. Tex. 2011). · cites it 6× “In fact, because under Texas law a notice of default and opportunity to cure must precede a foreclosure sale, see Tex. Prop. Code Ann. § 51.002 (d) (West Supp.”

Savers Fed. Sav. & Loan Ass'n v. Horst R. Reetz & Kathleen K. Reetz, 888 F.2d 1497 (5th Cir. 1989). · cites it 7× “7 And even the dicta does not expressly extend to real estate foreclosures governed by Tex. Prop.Code § 51.002. Moreover, the dicta is not persuasive respecting such foreclosures, as Lee does not cite a single decision of any Texas court or of any court purporting to apply Texas…”

Huston v. U.S. Bank Nat'l Ass'n, 988 F. Supp. 2d 732 (S.D. Tex. 2013). · cites it 4× “Bank asserts that it is entitled to an order of foreclosure because the summary judgment evidence establishes its right to do so under Texas Property Code § 51.002. Dkt. 33 at 14.”

Lozano v. Ocwen Fed. Bank, FSB, 489 F.3d 636 (5th Cir. 2007). · cites it 3× “See Tex. Prop.Code Ann. § 51.002(d) (Vernon 2006) (requiring mortgage servicers to serve debtors in default with written notice of default and give the debtor at least twenty days to cure the default before foreclosing); see also Mitchell v.”

Eleftherios Kaldis AKA Ted Kaldis & Monica Kaldis v. Aurora Loan Servs., 424 S.W.3d 729 (Tex. App. 2014). · cites it 6× “See Tex. Prop.Code Ann. § 51.002(b) (West 2014).”

Powell v. Stacy, 117 S.W.3d 70 (Tex. App. 2003). · cites it 5× “Our review of the evidence shows that, while the notices prepared by the Stacys’ attorney in connection with the default and subsequent foreclosure contained errors, and the property may have been sold at the foreclosure sale for less than its approximate fair market value, the…”

Sgroe v. Wells Fargo Bank, N.A., 941 F. Supp. 2d 731 (E.D. Tex. 2013). · cites it 5× “); Tex. Prop.Code § 51.002(a)-(h) (setting forth requirements for non judicial foreclosure in Texas, which do not include producing original note); Edwards v.”

Ralph D. HUSTON & Christina Huston, Appellants, v. U.S. BANK Nat'l Ass'n, Appellee, 359 S.W.3d 679 (Tex. App. 2011). · cites it 4× “See Tex. Prop.Code Ann. § 51.002 (West 2007); see also Tex.”

McCoy v. Rogers, 240 S.W.3d 267 (Tex. App. 2007). · cites it 3× “2d at 292 (construing former article 3810 of Revised Civil Statutes, current version at Tex. Prop.Code Ann. § 51.002 (Vernon 2007)); Powell, 117 S.”

Show all 489 citing cases →

— Tex. Prop. Code § 51.002(D) — 1 case

Foday S. Fofanah & Hawa Fofanah v. Rockwall Rental Props. (Tex. App. 2025).

— Tex. Prop. Code § 51.002(a) — 28 cases

Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267 (Tex. App. 2004). “We note that no instrument signed by appellants expressly waived their rights under Texas Property Code section 51.002, the pro *285 cedural foreclosure statute at issue in this section IV.”

McCaig Ex Rel. Est. of McCaig v. Wells Fargo Bank (Texas), N.A., 788 F.3d 463 (5th Cir. 2015).

Morlock, L.L.C. v. the Bank of New York, as Tr. on Behalf of the Certificate Holders of CWABS, Inc., Asset- Backed Certificates, Series 2004-13, 448 S.W.3d 514 (Tex. App. 2014).

Sanders v. Shelton, 970 S.W.2d 721 (Tex. App. 1998). “The remaining claims were severed making this a final judgment from which Sanders appeals. Sanders brings two points of error. In his first point of error, he contends the trial court erred by granting Shelton's summary judgment because (1) the trustee's notice of sale did not…”

Kourosh Hemyari v. Stephens, 355 S.W.3d 623 (Tex. 2011).

— Tex. Prop. Code § 51.002(b) — 67 cases

Regina Foster v. Deutsche Bank Natl Trust Co., et, 848 F.3d 403 (5th Cir. 2017).

Eleftherios Kaldis AKA Ted Kaldis & Monica Kaldis v. Aurora Loan Servs., 424 S.W.3d 729 (Tex. App. 2014). “See Tex. Prop.Code Ann. § 51.002(b) (West 2014).”

Biggers v. BAC Home Loans Servicing, LP, 767 F. Supp. 2d 725 (N.D. Tex. 2011). “In fact, because under Texas law a notice of default and opportunity to cure must precede a foreclosure sale, see Tex. Prop. Code Ann. § 51.002 (d) (West Supp.”

Sgroe v. Wells Fargo Bank, N.A., 941 F. Supp. 2d 731 (E.D. Tex. 2013). “); Tex. Prop.Code § 51.002(a)-(h) (setting forth requirements for non judicial foreclosure in Texas, which do not include producing original note); Edwards v.”

— Tex. Prop. Code § 51.002(b)(1) — 2 cases

Hennessey v. Bell, 775 S.W.2d 650 (Tex. App. 1988).

Abel M. Siller, & Enriqueta Siller, Mario M. Siller, Angelina Siller, Santiago Siller, & Virginia Siller (Appellant/Cross Appellee) v. LPP Mortg., LTD (Appellee/Cross Appellant) (Tex. App. 2013).

— Tex. Prop. Code § 51.002(b)(2) — 3 cases

Montgomery v. Aurora Loan Servs., LLC, 375 S.W.3d 617 (Tex. App. 2012).

Givens, Roderick v. v. Midland Mortg. Co, 393 S.W.3d 876 (Tex. App. 2012).

TMS Mortg., Inc. v. Golias, 102 S.W.3d 768 (Tex. App. 2003).

— Tex. Prop. Code § 51.002(b)(3) — 24 cases

Stanley v. CitiFinancial Mortg. Co., Inc., 121 S.W.3d 811 (Tex. App. 2003). “The statutory notice requirements are found in Tex. Prop.Code Ann. § 51.002(b)(3) (Vernon 1995).”

Rodarte v. Investeco Grp., L.L.C., 299 S.W.3d 400 (Tex. App. 2009).

Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986).

Roger Law v. Ocwen Loan Servicing, L.L.C., 587 F. App'x 790 (5th Cir. 2014).

WTFO, INC. v. Braithwaite, 899 S.W.2d 709 (Tex. App. 1995).

— Tex. Prop. Code § 51.002(c) — 5 cases

German Marlon Saravia v. Sherman Benson & Ricky J. Gandy, 433 S.W.3d 658 (Tex. App. 2014).

Marie Bowser v. Champion Mortg./Champion Reverse Mortg./Nationstar Mortg./Mr. Cooper, as Nominee for Lender & Lender's Successors & Assigns, & Bank of Am., N.A. (Tex. App. 2019).

Sunday Sky Props., Inc. v. Ty J. Jones, Substitute Tr. & Indep. Bank (Tex. App. 2024).

Muhammad R. Khan v. Firstmark Credit Union (Tex. App. 2013).

D & R Constructors, Inc., Michael Rushing, Stephanie Rushing, Penn Rushing & Florence Rushing v. Texas Gulf Energy, Inc., CS Bankers V, LLC, Texas Gulf Fabricators, LLC, Timothy Connolly, Brian G. Hendry, & Lester H. Smith (Tex. App. 2015).

— Tex. Prop. Code § 51.002(d) — 92 cases

Lozano v. Ocwen Fed. Bank, FSB, 489 F.3d 636 (5th Cir. 2007). “See Tex. Prop.Code Ann. § 51.002(d) (Vernon 2006) (requiring mortgage servicers to serve debtors in default with written notice of default and give the debtor at least twenty days to cure the default before foreclosing); see also Mitchell v.”

Powell v. Stacy, 117 S.W.3d 70 (Tex. App. 2003). “Our review of the evidence shows that, while the notices prepared by the Stacys’ attorney in connection with the default and subsequent foreclosure contained errors, and the property may have been sold at the foreclosure sale for less than its approximate fair market value, the…”

Stanley v. CitiFinancial Mortg. Co., Inc., 121 S.W.3d 811 (Tex. App. 2003). “The statutory notice requirements are found in Tex. Prop.Code Ann. § 51.002(b)(3) (Vernon 1995).”

Shumway v. Horizon Credit Corp., 801 S.W.2d 890 (Tex. 1991).

— Tex. Prop. Code § 51.002(e) — 59 cases

Stanley v. CitiFinancial Mortg. Co., Inc., 121 S.W.3d 811 (Tex. App. 2003). “The statutory notice requirements are found in Tex. Prop.Code Ann. § 51.002(b)(3) (Vernon 1995).”

Douglas v. Wells Fargo Bank, 992 F.3d 367 (5th Cir. 2021).

Ashley Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013).

Vaillancourt v. PNC Bank, Nat'l Ass'n, 771 F.3d 843 (5th Cir. 2014).

Shutter v. Wells Fargo Bank, N.A., 318 S.W.3d 467 (Tex. App. 2010).

— Tex. Prop. Code § 51.002(f) — 4 cases

Realty Portfolio, Inc. v. Hamilton, 125 F.3d 292 (5th Cir. 1997).

Montgomery v. Aurora Loan Servs., LLC, 375 S.W.3d 617 (Tex. App. 2012).

First Bank & Trust Co. v. Centura Land Corp. F/K/A Iori Centura, Inc. (Tex. App. 2015).

Realty Portfolio, Inc. v. Hamilton (In re Hamilton), 124 F.3d 292 (5th Cir. 1997).

— Tex. Prop. Code § 51.002(g) — 1 case

Samuel & Shawn Calvillo, Arielle Noel Calvillo, Samuel Elliott Calvillo, Elliott Arcelis Calvillo & Matthew Lars Calvillo v. Carrington Mortg. Servs. & Wells Fargo Bank, N.A., as Tr. for Carrington Mortg. Loan Trust, Series 2006-NC5 Asset-Backed Pass-Through Certificates (Tex. Crim. App. 2015).

— Tex. Prop. Code § 51.002(i) — 1 case

Reginald Browder v. Bryan-Coll. Station Habitat for Humanity, Inc. (Tex. App. 2025).

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