Tex. Codes » Property Code · TITLE 5. EXEMPT PROPERTY AND LIENS · SUBTITLE B. LIENS · CHAPTER 51. PROVISIONS GENERALLY APPLICABLE TO LIENS
Texas Codes

Tex. Prop. Code § 51.0025 (2026)

Administration Of Foreclosure By Mortgage Servicer

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 51.0025. ADMINISTRATION OF FORECLOSURE BY MORTGAGE SERVICER. A mortgage servicer may administer the foreclosure of property under Section 51.002 on behalf of a mortgagee if:

(1) the mortgage servicer and the mortgagee have entered into an agreement granting the current mortgage servicer authority to service the mortgage; and

(2) the notices required under Section 51.002(b) disclose that the mortgage servicer is representing the mortgagee under a servicing agreement with the mortgagee and the name of the mortgagee and:

(A) the address of the mortgagee; or

(B) the address of the mortgage servicer, if there is an agreement granting a mortgage servicer the authority to service the mortgage.

Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch. 555 (H.B. 1235), Sec. 2, eff. September 1, 2005.

Notes of Decisions
Cited in 63 cases (14 in the last 5 years), 2010–2026 · leading case: Ashley Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013).
Sort: Relevance Newest Treatment
Ashley Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013). “Tex. Prop.Code § 51.0025. A mortgagee includes both “the grantee, beneficiary, owner, or holder of a security instrument” and “a book entry system.”
Janos Farkas v. GMAC Mortg., L.L.C., 737 F.3d 338 (5th Cir. 2013). “See Tex. Prop.Code § 51.0025. Farkas argues that GMAC, who initiated the challenged foreclosures, was not a valid mortgage servicer because he had never been properly notified of that fact.”
Johnson v. Wells Fargo Bank, 999 F. Supp. 2d 919 (N.D. Tex. 2014). “See Tex. Prop.Code § 51.0025; Reynolds v. Bank of Am.”
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). “3d at 306 (litigation challenging putative assignee’s authority to foreclose initiated in 1997), with Tex. Prop.Code Ann. § 51.0025 (West 2007), and Act of June 20, 2003, 78th Leg.”
Mekeel v. U.S. Bank Nat'l Ass'n ex rel. Holders of the CSFB Mortg. Pass-through Certificates, 355 S.W.3d 349 (Tex. App. 2011). “Pursuant to the Servicing Agreement and Texas Property Code § 51.0025, the Mortgage Servicer is authorized to collect the debt and to administer any resulting foreclosure of the property securing the above referenced loan.”
Stephan Epstein v. U.S. Bank Nat'l Ass'n, 540 F. App'x 354 (5th Cir. 2013). · cites it 2× “See Tex. Prop.Code § 51.0025 (“A mortgage servicer may administer the foreclosure of a property.”
Morlock, L.L.C. v. Nationstar Mortg., L.L.C., 447 S.W.3d 42 (Tex. App. 2014). “See Tex. Prop.Code Ann. § 51.0001, et seq. Under section 51.”
John Svoboda v. Bank of Am., N.A., et a, 571 F. App'x 270 (5th Cir. 2014). · cites it 2× “In its letter notifying the Svobodas of its decision to foreclose, Bank of America identified itself as both the “Mortgage Ser-vicer” under Texas Property Code § 51.0025 and the “Mortgagee.”
Kan v. Onewest Bank, FSB, 823 F. Supp. 2d 464 (W.D. Tex. 2011). “See Tex. Prop.Code Ann. § 51.0025 (West 2007).”
Bryant v. CIT Grp./Consum. Fin., Inc., 303 F. Supp. 3d 515 (S.D. Tex. 2018). “See Tex. Prop. Code § 51.0025(a)-(b). Texas law requires such a sale to be performed within four years.”
Carolyn Casterline v. OneWest Bank, F.S.B., 537 F. App'x 314 (5th Cir. 2013). “Tex. Prop.Code Ann. § 51.0025. A mortgage servicer is defined as “the last person to whom the mortgagor has been instructed by the current mortgagee to send payment for the debt secured by a security instrument.”
Mary Rust v. Bank of Am., N.A., 573 F. App'x 343 (5th Cir. 2014). “at 255 (citing Tex. Prop.Code Ann. § 51.0025 (West 2013)).”
Show all 63 citing cases →
— Tex. Prop. Code § 51.0025(1) — 1 case
Nguyen v. Fed. Nat'l Mortg. Ass'n, 958 F. Supp. 2d 781 (S.D. Tex. 2013).
— Tex. Prop. Code § 51.0025(3) — 1 case
Ruiz v. Bank of Am., N.A. (N.D. Tex. 2020).
— Tex. Prop. Code § 51.0025(a) — 1 case
Bryant v. CIT Grp./Consum. Fin., Inc., 303 F. Supp. 3d 515 (S.D. Tex. 2018). “See Tex. Prop. Code § 51.0025(a)-(b). Texas law requires such a sale to be performed within four years.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.