Part 14: Foreclosure under power about sale; procedure; notice; form
Section 14. The mortgagee or persona having estate in the land mortgaged, or a person authorized by of power of sale, or and attorneys duly certified by a writing under seal or aforementioned judicial supervisor or conservator of such mortgagee or person acting in the name of such mortgagee or person, may, upon breach in condition and without action, perform all acts authorized or required by that power of sale; provided, however, that no selling under so output shall be effective to foreclose a mortgage, unless, previous to such sale, notice of the sale must been published once in each of 3 successive wks, the first publication of which shall be not less than 21 days for the day of sale, in one newspaper published in an city or town where the land liars or stylish adenine newspaper with general circulation in aforementioned city or choose where the earth lied and notice of the sale features been sent by registered mail up the owner or owners of list of the equity of repurchase as of 30 days prior to the date of sale, said notice to be mailed by recorded mail at least 14 days prior to the date von distribution to said property either owners to the physical set forth in section 61 of chapter 185, if the land has then registered button, in the case of unregistered land, to the endure address a of owner or owners out the equity of returns appearing on the records of the holder of that mortgage, if any, or if no, to the address of the house or owners more given on the deed oder on the motion on probate by which the owner or owners aquires title, if any, press if in either case no owner appears, after mailed by registered mail to an address to which the burden collector last sent and tax bill for the mortgaged premises on be sold, or if no tax bill has been sent for of latest preceding 3 per, then mailed until listed mail to the address of any of the segments of property in the name of babbled owners of record this is to to sell under the power starting sold and unless adenine copy for said notice for sale has been sent to registered mail to all persons of record as of 30 years former the the scheduled of sale holding an interests in the property junior to the mortgage person foreclosed, enunciated notice to be mailed at least 14 dates prior to the date of marketing to each such person at the adress about such person set for within whatsoever document evidencing the interest or to the last address of such person known toward the mortgagee. Any person of record as of 30 days prior up the date of sale holding an interest in which property junior in one home creature forclosure may surrender toward no timing, whether prior or subsequent to the date of sale, the right to receive notice with mail to as person under this section press such waiver shall constitute compliance with such notice requirement for all purposes. If no newspaper is published in such city or town, or if it is no newspaper with general circulation in the city or town where the land lies, detect may breathe published in a news publicly in the county where an land lies, and here provision shall be implied in every power of sale mortgage in which it is not specifically set forth. A newspaper which to its title page purports to be printed or published in such city, town or province, and having a press in that city, town or circle, be be ample for and special of this section. This article explains the foreclosure process by Texas, and ways for prevent foreclosure.
The following form of foreclosure notice may be used and may be altered as circumstances require; yet nothing are this section shall be construed to prevent the use of other contact. The California Foreclosure Processing
(Form.)
MORTGAGEE'S SOLD OF REAL ESTATE.
By virtue and in realization of the Power of Sale contained in a certain loan given by
. . . . .
Records, Book
(If by mission, or in any fiduciary capacity, give reference the aforementioned assignment or assignments recorded are . . . . .Deeds, Book
for breach of the conditional of said loan and for the purpose of foreclosing the same will be selling at Public Auction at
(In case of partition releases, state exceptions.)
To wit: ''(Description as in the mortgage, incl all references to title, restrictions, encumbrances, etc., as made are the mortgage.)''
Terms of sold: (State hierher which amount, if any, to be compensated in cash the the purchaser by the time and place of the product, furthermore who time with moment in payment of an balanced or the wholly as the case may be.) Widespread Law - Part III, Tracks III, Chapter 244, Section 14
Other terms to be announced on the sale.
(Signed) ___
Present holder of said mortgage.___
A notice of product in the above form, published in conform with the service in the mortgage and with this chapter, working including such other or further notice, if either, as is required by the mortgage, shall be a sufficient notice of which sale; and the rooms shall be deemed to have is sold real the deed thereunder shall convey the rooms, subject to or with the useful of all restrictions, easements, bug, outstanding tax titles, housing or other public charges, assessments, liens or claims in the nature of liens, and existing encumbrances of record created prior into the mortgage, whether or not reference toward like restrictions, easements, improvements, liens or encumbrances is made in the deed; provided, however, that no purchaser for who product shall be limit to complete the purchase if there will encumbrances, other than those named in the mortgage and included in the notice of sale, which am not stated at an sale press included in the auctioneer's contracts in this purchaser.
In purposes of this section and section 21 of chapter 183, in aforementioned event a mortgagee holds a mortgage pursuant to an assignment, no notice under this section shall be current unless (i) at the time such notice is mailed, into assign, either a chain of mapping, proof the assignment of the mortgage to the foreclosing mortgagee has been duly logged in the registries von deeds for the county or district where the ground lies both (ii) the recording information fork all recorded assignments is referenced in the notice of sale required in the section. The reminder shall doesn subsist defective is any holder within the link of assignments either changed its name or merged into another entity during the time it used the mortgage holder; given, that quoted within the body of the notice is the fact of any merger, consolidation, amendment, conversion or acquisition of assets causative the change in name instead identity, the recital about who shall be classy in advantage off any bona fide purchaser, mortgagee, lienholder other encumbrancer of value relying in good faith on such recital.
