Tex. Est. Code Section 355.159
Manner of Foreclosure; Minimum Price


(a)

When the court grants a claim holder the right of foreclosure at a hearing under Section 355.158 (Hearing on Application), the court shall authorize the claim holder to foreclose the claim holder’s mortgage, lien, or security interest:

(1)

in accordance with the provisions of the document creating the mortgage, lien, or security interest; or

(2)

in any other manner allowed by law.

(b)

Based on the evidence presented at the hearing, the court may set a minimum price for the property to be sold by foreclosure that does not exceed the fair market value of the property. If the court sets a minimum price, the property may not be sold at the foreclosure sale for a lower price.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Source: Section 355.159 — Manner of Foreclosure; Minimum Price, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­355.­htm#355.­159 (accessed May 4, 2024).

355.001
Presentment of Claim to Personal Representative
355.002
Presentment of Claim to Clerk
355.003
Inclusion of Attorney’s Fees in Claim
355.004
Affidavit Authenticating Claim for Money in General
355.005
Affidavit Authenticating Claim of Corporation or Other Entity
355.006
Lost or Destroyed Evidence Concerning Claim
355.007
Waiver of Certain Defects of Form or Claims of Insufficiency
355.008
Effect on Statutes of Limitation of Presentment of or Suit on Claim
355.051
Allowance or Rejection of Claim
355.052
Failure to Timely Allow or Reject Claim
355.053
Claim Entered on Claim Docket
355.054
Contest of Claim
355.055
Court’s Action on Claim
355.056
Hearing on Certain Claims
355.057
Court Order Regarding Action on Claim
355.058
Appeal of Court’s Action on Claim
355.059
Allowance and Approval Prohibited Without Affidavit
355.060
Unsecured Claims Barred Under Certain Circumstances
355.061
Allowing Barred Claim Prohibited: Court Disapproval
355.062
Certain Actions on Claims with Lost or Destroyed Evidence Void
355.063
Claims Not Allowed After Order for Partition and Distribution
355.064
Suit on Rejected Claim
355.065
Presentment of Claim Prerequisite for Judgment
355.066
Judgment in Suit on Rejected Claim
355.101
Approval or Establishment of Claim Required for Payment
355.102
Claims Classification
355.103
Priority of Certain Payments
355.104
Payment of Proceeds from Sale of Property Securing Debt
355.105
Claimant’s Petition for Allowance and Payment of Claim
355.106
Order for Payment of Claim Obtained by Personal Representative
355.107
Order for Payment of Claim Obtained by Creditor
355.108
Payment When Assets Insufficient to Pay Claims of Same Class
355.109
Abatement of Bequests
355.110
Allocation of Funeral Expenses
355.111
Payment of Court Costs Relating to Claim
355.112
Joint Obligation for Payment of Certain Debts
355.113
Liability for Nonpayment of Claim
355.151
Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien
355.152
Period for Specifying Treatment of Secured Claim
355.153
Payment of Matured Secured Claim
355.154
Preferred Debt and Lien
355.155
Payment of Maturities on Preferred Debt and Lien
355.156
Affidavit Required for Foreclosure
355.157
Citation on Application
355.158
Hearing on Application
355.159
Manner of Foreclosure
355.160
Unsuccessful Foreclosure
355.201
Claim by Personal Representative
355.202
Claims Against Personal Representatives
355.203
Purchase of Claim by Personal Representative Prohibited
355.1551
Claim Holder Duty to Possess or Sell Within Reasonable Time

Accessed:
May 4, 2024

§ 355.159’s source at texas​.gov