We are frequently asked by our clients when and where foreclosure sales must take place.
The Texas Property Code governs these requirements.
All sales must take place between the hours of 10 am-4 pm on the first Tuesday of the month. The sale must take place at the time stated in the notice of sale or not later than three hours after that time.
The location of the sale must be at the county courthouse where the property in which the land is located. If the property is located in more than one county, then the sale may be located in any county where the property is partially located. The commissioner’s court must designate an area at the courthouse where the sales are to take place. The designation must be recorded in the real property records. If no area is designated by the commissioner’s court, then the notice of sale must designate the area where the sale is to take place and the sale must take place in that area. The commissioner’s court may designate an area other than the county courthouse for the sale of the property so long as it is within reasonable proximity to the county courthouse and is accessible to the public. You cannot invalidate a sale based upon a designation by the commissioner’s court.
