Tex.
Prop. Code Section 5.066
Equity Protection; Sale of Property
(a)
If a purchaser defaults after the purchaser has paid 40 percent or more of the amount due or the equivalent of 48 monthly payments under the executory contract or, regardless of the amount the purchaser has paid, the executory contract has been recorded, the seller is granted the power to sell, through a trustee designated by the seller, the purchaser’s interest in the property as provided by this section. The seller may not enforce the remedy of rescission or of forfeiture and acceleration after the contract has been recorded.(b)
The seller shall notify a purchaser of a default under the contract and allow the purchaser at least 60 days after the date notice is given to cure the default. The notice must be provided as prescribed by Section 5.063 (Notice) except that the notice must substitute the following statement:(c)
The trustee or a substitute trustee designated by the seller must post, file, and serve a notice of sale and the county clerk shall record and maintain the notice of sale as prescribed by Section 51.002 (Sale of Real Property Under Contract Lien). A notice of sale is not valid unless it is given after the period to cure has expired.(d)
The trustee or a substitute trustee designated by the seller must conduct the sale as prescribed by Section 51.002 (Sale of Real Property Under Contract Lien). The seller must:(1)
convey to a purchaser at a sale conducted under this section fee simple title to the real property; and(2)
warrant that the property is free from any encumbrance.(e)
The remaining balance of the amount due under the executory contract is the debt for purposes of a sale under this section. If the proceeds of the sale exceed the debt amount, the seller shall disburse the excess funds to the purchaser under the executory contract. If the proceeds of the sale are insufficient to extinguish the debt amount, the seller’s right to recover the resulting deficiency is subject to Sections 51.003 (Deficiency Judgment), 51.004 (Judicial Foreclosure--deficiency), and 51.005 (Judicial or Nonjudicial Foreclosure After Judgment Against Guarantor--deficiency) unless a provision of the executory contract releases the purchaser under the contract from liability.(f)
The affidavit of a person knowledgeable of the facts that states that the notice was given and the sale was conducted as provided by this section is prima facie evidence of those facts. A purchaser for value who relies on an affidavit under this subsection acquires title to the property free and clear of the executory contract.(g)
If a purchaser defaults before the purchaser has paid 40 percent of the amount due or the equivalent of 48 monthly payments under the executory contract, the seller may enforce the remedy of rescission or of forfeiture and acceleration of the indebtedness if the seller complies with the notice requirements of Sections 5.063 (Notice) and 5.064 (Seller’s Remedies on Default).
Source:
Section 5.066 — Equity Protection; Sale of Property, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm#5.066 (accessed Jun. 5, 2024).
