Notice of Sale/Auction/Foreclosures
Texas Property Code Sec 51.002 states:
The lender must file a foreclosure notice with the country clerk 21 days prior to the date of the foreclosure sale. All foreclosure sales are held between 10 a.m. and 4 p.m. on the first Tuesday of the month (unless the first Tuesday of the month occurs on January 1 or July 4- per H.B. 1128 effective 9/1/2017) on the west steps of the Smith County Courthouse. If the first Tuesday of the month falls on January 1 or July 4, a public sale under Subsection (a) must be held between 10 a.m. and 4 p.m. on the first Wednesday of the month. The sale is conducted as a public auction with the property going to the highest bidder. The lender is also eligible to bid on the property.
On October 5, 1987 the Commissioner's Court in Smith County approved a motion designating the area for foreclosure sales as 25 feet at or near and including the outside steps and the main hall of the west entrance of the Smith County Courthouse. See the Minutes of Commissioners Court here.
In Texas, the borrower’s right of redemption after the sale does not exist. Which is why it is important that you find a way to stop foreclosure early. More information can be located by searching Chapter 51 of the Property Code by clicking this link to the Texas Foreclosure Laws.
To review foreclosures filed at the County Clerk’s office click on the appropriate tab below. Select the month for which the sale will occur, keeping in mind that notices are filed 21 days prior to the date of the sale.