What is a notice of trustees sale?

A Notice of Trustee's Sale informs homeowners and mortgage borrowers of record that their home will be sold at a trustee's sale on a specific date and at a specific location. The actual sale typically completes a non-judicial foreclosure in states allowing this type of foreclosure process.

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Texas Substitute Trustee's Notice of Sale

Texas Substitute Trustee's Notice of Sale

Name: Texas Substitute Trustee's Notice of Sale
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.8 (280 reviews)

Category:

Texas Court Samples - Real Estate - Foreclosures

State:

Texas

Control #:

TX-C132

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Substitute Trustee's Notice of Sale

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In Texas, the trustee is specifically appointed within the deed of trust document. Usually, the beneficiary of a deed of trust chooses the trustee. Technically, a trustee can be any individual or entity that is willing to serve in that capacity.

Notices are entitled Notice of Trustee's Sale or Notice of Substitute Trustee's Sale. They provide information about the debt, the legal description of the property, and designate a three-hour period during which the sale will be held.

In real estate, a trustee sale means the sale of real property through public auction.A trustee sale is typically the second-to-last step in the foreclosure process in a nonjudicial foreclosure state. In this case, after the auction is over, ownership of the property will be transferred to the highest bidder.

A foreclosure becomes an REO at different times depending on how the bank acquired the property.An REO ("Real Estate Owned") is a home that a bank as taken back from a homeowner who stopped making his mortgage payments.In states where the homeowner has a Deed of Trust instead of a mortgage, the trustee is the one who

This is called reinstatement of the loan. During the 21-day period after the Notice of Sale is recorded, any person or institution (like a bank) with an interest in your home has the right to redeem the home up until the nonjudicial foreclosure sale/auction. This means that they must pay the entire loan in full.

The trustee will then issue a reconveyance deed, which gives the legal title of the property to you.Instead, the original trustee, or sometimes the loan servicing company, will appoint a new Substitute Trustee to handle the foreclosure. To do this, they must file an Appointment of Substitute Trustees.

A substitute trustee is a person named by the lender under the terms of the security instrument (deed of trust) to exercise the power of sale (Tex. Prop. Code § 51.0001(7)). The power to appoint a substitute trustee must be expressly designated by the lender in the deed of trust, otherwise the appointment is invalid.

After the Sale Once the trustee sale is complete, the property deed is recorded in the new owner's name. The winning bidder can take immediate possession of the property. If the previous owner or rental tenants are present, they must vacate the property and remove all personal belongings.

A Notice of Trustee's Sale informs homeowners and mortgage borrowers of record that their home will be sold at a trustee's sale on a specific date and at a specific location. The actual sale typically completes a non-judicial foreclosure in states allowing this type of foreclosure process.

Texas Substitute Trustee's Notice of Sale

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