Facing Foreclosure in Texas? Know Your Rights Under Property Code 51

Jonah Wilson
Jun 6
2 min read

Foreclosure is a stressful experience, but understanding your legal rights can be the first step to protecting your home and your financial future. If you're within 45 days of a foreclosure sale in Texas, this guide will walk you through the most important laws in the Texas Property Code, Chapter 51, and what options you still have on the table.

The Countdown Begins: What You Need to Know

When you’re 45 days away from a scheduled foreclosure auction, time is short—but you still have rights and legal leverage. Texas law outlines the exact steps that lenders and trustees must follow before selling your property. These safeguards are your opportunity to fight back, cure your default, or plan a financial exit.

✅ Texas Property Code §51.002 — Notice of Foreclosure Sale

This is the most critical statute for homeowners close to auction.

You must receive at least 21 days' notice before the foreclosure sale.
Notice must be:
- Sent by certified mail
- Filed with the county clerk
- Posted at the courthouse

If your lender or trustee did not follow these steps exactly, the sale may be contestable.

✅ §51.002(d) — Notice of Default and Intent to Accelerate

Before the 21-day sale notice, the lender must send you a written Notice of Default that gives you at least 20 days to cure (i.e., catch up on missed payments).

This is your final chance to stop foreclosure before the legal wheels are fully in motion.

✅ §51.0025 — Postponing the Sale

If you're actively working on a loan modification or preparing to sell the home yourself, the trustee can legally postpone the foreclosure sale to give you more time.

✅ §51.0022 — Substitute Trustee Appointments

Lenders can switch out trustees right before a sale. Knowing this protects you from surprise legal moves and allows you to scrutinize the party handling your foreclosure.

✅ §51.0075 — What Happens to Extra Money After the Sale?

If your home sells at auction for more than you owe, that extra money belongs to you. It's called "excess proceeds," and we specialize in helping families claim it.

What You Can Do Right Now:

Review your foreclosure timeline
Check for any improper notices or violations
Talk to a professional about curing the default
Start planning to recover surplus funds, if necessary

🔧 Get Your Free Consultation + Foreclosure Defense Kit

We offer a free, no-obligation consultation to help you:

Understand your current legal standing
Explore ways to stop or postpone the sale
Learn how to recover excess proceeds after the auction

You'll also receive our Texas Foreclosure Defense Kit by email, which includes:

A foreclosure timeline checklist
Sample dispute templates
Information on surplus fund recovery

Don’t let the clock run out.Let the team at the National Overages Finders Alliance (NOFA) help you protect your equity and your dignity.

☎️ Call 866-800-NOFA (6632)📧 Email info@Overages.us🔗 Visit Overages.us

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