Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 355.159: MANNER OF FORECLOSURE; MINIMUM PRICE.

Where this section sits in the code

ESTATES CODE
TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
SUBTITLE H. CONTINUATION OF ADMINISTRATION
CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS
SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY

(a) When the court grants a claim holder the right of foreclosure at a hearing under Section 355.158, 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.

Collected 2026-08-27T01:47:08Z. Source file · JSON

Browse this collection