We are frequently asked by our clients when about the legal requirements for a Notice of Foreclosure Sale.
The Texas Property Code governs these requirements.
1) It must include a statement of the earliest time a sale will begin.
2) It must be sent at least 21 days before the sale. For computing time, you count the day it was sent/posted but do not count the day of sale.
3) It must be posted at the courthouse door of each county in which the property is located designated the county in which the property will be sold.
4) Filing a copy in the County Clerk’s Office in each county in which the property is located.
5) Serving written notice of the sale by Certified Mail on each debtor who is obligated to pay the debt.
6) Include the name and address of the sender of the notice (trustee).
7) SCRA Notice in conspicuous boldfaced or underlined type:
“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.”