Texas Deed of Trust: How It Works and Nonjudicial Foreclosure Basics

Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

In Texas, a mortgage is usually secured by a deed of trust, and if you default, the lender can sell the house at a public auction on the first Tuesday of a month without going to court. The sale rules are in Property Code Sec. 51.002.

Notice of sale is due at least 21 days before the sale, and a residential borrower in default gets a separate notice with at least 20 days to cure.

What a deed of trust is

The code defines a security instrument as a deed of trust, mortgage or other contract lien on an interest in real property. The borrower who grants the lien is the mortgagor, and the lender or holder is the mortgagee (Property Code Sec. 51.0001).

A trustee named in the instrument has the power of sale. The trustee’s only duty is to exercise that power under the instrument’s terms, and the trustee is not a fiduciary of the borrower or lender (Sec. 51.0074). A substitute trustee can be appointed by the mortgagee or servicer (Sec. 51.0075).

The foreclosure sale rules

• Sale is a public auction between 10 a.m. and 4 p.m. on the first Tuesday of a month. If that Tuesday is January 1 or July 4, it moves to the first Wednesday (Sec. 51.002).
• It is held at the county courthouse where the land is located, in the area the commissioners court designated, or if none, the area named in the notice of sale (Sec. 51.002).
• It must begin at the time in the notice or within three hours after (Sec. 51.002).
• The buyer takes the property as is, without warranties except warranties of title (Sec. 51.009).

Notices the borrower should get

For residential property, the servicer must first send a certified-mail notice of default that gives at least 20 days to cure (Sec. 51.002). Only after that can the notice of sale go out.

The notice of sale must be given at least 21 days before the sale by posting at the courthouse door, filing a copy with the county clerk and serving written notice by certified mail on each debtor obligated to pay the debt.

Service is complete when the notice is mailed to the last known address, so a borrower must tell the servicer about any change of address (Secs. 51.002 and 51.0021).

The notice must state the sender’s name and address and include a conspicuous military-service statement (Sec. 51.002).

What this means if you are behind

The sale date is on the notice, so you can plan around it. A sale before that date can pay the loan off from the proceeds, which can protect your credit and any equity you have. Read our guide to the Texas foreclosure process for more.

We did not confirm from an official page whether Texas gives a borrower a redemption right after a residential foreclosure sale, and we did not open the chapters on recording deeds of trust.

How to sell a house in Texas when you are behind on the mortgage

1. Get the sale date from your notice of sale and the payoff from your servicer. A closing before the sale date can pay the loan from the proceeds.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.

Texas deed of trust and foreclosure FAQ

Does Texas require court for foreclosure?

A sale under a power of sale in a deed of trust is a public auction held under Property Code Sec. 51.002, without a court case. Other ways exist, which we did not cover.

When are Texas foreclosure sales held?

The first Tuesday of the month between 10 a.m. and 4 p.m., or the first Wednesday if the first Tuesday is January 1 or July 4 (Sec. 51.002).

How much notice do I get?

At least 21 days for the notice of sale and, for residential property in default, a prior notice giving at least 20 days to cure (Sec. 51.002).

Does the buyer get a warranty?

Only warranties of title. The property is sold as is (Sec. 51.009).

Sources

• Texas Property Code, Chapter 51 (Transfer of property)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.