Sec. 51.0075. AUTHORITY OF TRUSTEE OR SUBSTITUTE TRUSTEE. (a) 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.
(b) A trustee or substitute trustee is not a debt collector.
(c) Notwithstanding any agreement to the contrary, a mortgagee may appoint or may authorize a mortgage servicer to appoint a substitute trustee or substitute trustees to succeed to all title, powers, and duties of the original trustee. A mortgagee or mortgage servicer may make an appointment or authorization under this subsection by power of attorney, corporate resolution, or other written instrument.
(d) A mortgage servicer may authorize an attorney to appoint a substitute trustee or substitute trustees on behalf of a mortgagee under Subsection (c).
(e) The name and a street address for a trustee or substitute trustees shall be disclosed on the notice required by Section 51.002(b).
(f) 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. The trustee or substitute trustee shall disburse the proceeds of the sale as provided by law.
Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1231 (H.B. 1234), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 2738), Sec. 4, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 323 (H.B. 655), Sec. 1, eff. September 1, 2009.
Notes of Decisions
In re AMRCO, Inc., 496 B.R. 442 (Bankr. W.D. Tex. 2013).
“” Tex. Prop.Code § 51.0075 (emphasis added).”
Gomez v. Kamper Investments, LLC (In Re Gomez), 388 B.R. 279 (Bankr. S.D. Tex. 2008).
· cites it 2× “” Tex. Prop.Code § 51.0075(a). 11 . Although § 544 provides that this avoidance power belongs to the "Trustee”, the Fifth Circuit has held that 11 U.”
Wierman v. Prestige Default Servs. (5th Cir. 2022).
· cites it 4× “In Appellants’ view, Tex. Prop. Code § 51.0075(e)’s requirement that notices of foreclosure sales conducted by substitute trustees include “a street address for .”
Whiting (S.D. Tex. 2025).
· cites it 3× “While Plaintiff alleges that Defendant “failed to record a valid substitute-trustee appointment,” the Plaintiff fails to plead adequate facts to demonstrate that any such appointment was a defect or a violation of the Texas Property Code. Texas Property Code § 51.”
Jeff Heck v. CitiMortgage, Inc., 640 F. App'x 274 (5th Cir. 2016).
· cites it 2× “The district court dismissed his claims, which are predicated on violations of Tex. Prop.Code Ann. § 51.0075. (West 2009).”
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).
· cites it 2× “002 J TEX. PROP. CODE § 51.0075 Tab A Final Judgment (signed April 13, 2015) 2 CR 977–979 977 978 979 Tab B Summary Judgments (Fabricators & Hendry) 1 CR 593; 2 CR 1967; 2 CR 1944–1945 593 1967 1944 1945 Tab C Summary Judgment (Smith) 2 CR 1580 1580 Tab D Sanctions Order 2 CR…”
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).
· cites it 2× “27, 28 TEX. PROP. CODE § 51.0075................”
— Tex. Prop. Code § 51.0075(a) — 3 cases
Gomez v. Kamper Investments, LLC (In Re Gomez), 388 B.R. 279 (Bankr. S.D. Tex. 2008).
“” Tex. Prop.Code § 51.0075(a). 11 . Although § 544 provides that this avoidance power belongs to the "Trustee”, the Fifth Circuit has held that 11 U.”
Jeff Heck v. CitiMortgage, Inc., 640 F. App'x 274 (5th Cir. 2016).
“The district court dismissed his claims, which are predicated on violations of Tex. Prop.Code Ann. § 51.0075. (West 2009).”
— Tex. Prop. Code § 51.0075(c) — 4 cases
— Tex. Prop. Code § 51.0075(e) — 5 cases
Wierman v. Prestige Default Servs. (5th Cir. 2022).
“In Appellants’ view, Tex. Prop. Code § 51.0075(e)’s requirement that notices of foreclosure sales conducted by substitute trustees include “a street address for .”
— Tex. Prop. Code § 51.0075(f) — 2 cases
Gomez v. Kamper Investments, LLC (In Re Gomez), 388 B.R. 279 (Bankr. S.D. Tex. 2008).
“” Tex. Prop.Code § 51.0075(a). 11 . Although § 544 provides that this avoidance power belongs to the "Trustee”, the Fifth Circuit has held that 11 U.”
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.