What are the statutes for foreclosures in Texas?

Yes. The core Texas foreclosure statutes are primarily in Texas Property Code Chapter 51 for contract-lien foreclosures, with Chapter 209 adding special rules for property owners’ association foreclosures.[3][1]

Key Texas Foreclosure Statutes

The main foreclosure provisions in Chapter 51

Tex. Prop. Code § 51.002 governs the standard nonjudicial foreclosure process for real property sold under a power of sale in a deed of trust or other contract lien. It requires, among other things:

• sale at public auction on the first Tuesday of the month between 10 a.m. and 4 p.m.;
• 21 days’ notice of sale;
• certified-mail notice to the debtor; and
• a 20-day cure notice for a debtor’s residence before notice of sale is given.[3]

Tex. Prop. Code § 51.0025 permits a mortgage servicer to administer the foreclosure on behalf of the mortgagee if the servicing agreement and notices satisfy the statute.[2][3]

Tex. Prop. Code § 51.003 provides the two-year limitations period and fair-market-value offset procedure for deficiencies after a nonjudicial foreclosure sale.[4]

Property owners’ association foreclosures

For HOA/POA liens, Texas uses additional rules in Chapter 209. The Texas State Law Library notes that a property owners’ association may need an expedited court order before proceeding with a nonjudicial foreclosure of an assessment lien, unless the owner waives that requirement in writing.[1]

Practical note

If you want, I can also pull these into one of three more useful formats:

1. just the statutory text summary by section
2. a foreclosure checklist for Texas practitioners
3. a chart separating mortgage foreclosures from HOA foreclosures