Special Rules added to the steps for Foreclosure in Texas

On September 1, 2007, special new rules were added to the steps required for Texas foreclosures.  The new rules cover procedures that must occur if the courthouse or county clerk’s office are closed because of inclement weather or other “acts of God.”  Now the required postings and filings may occur within 48 hours of the courthouse or county clerk’s office reopening.  The postings and filings are retroactive to the date the courthouse or county clerk’s office was closed.  Commissioner’s court has greater latitude under the new law in selecting a place for the foreclosure sale.   Prior to September 1, 2007, the trustee or trustees were required to conduct the sale at or near the courthouse.  Now, the commissioners may designate another location as long as it is public, reasonably near the courthouse and is easily accessible.  New sales may not occur at the designated location until 90 days after the notice of sale is recorded.