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Longstanding Texas Tradition Ends: No more Texas Tuesday foreclosure sales on Jan 1 or July 4

Historically, non-judicial foreclosure sales of contractual liens, constable’s sales pursuant to a judgment writ of execution and real property tax sales (sometimes collectively “foreclosure sales”) have taken place on the between 10:00 a.m. and 4:00 p.m. on the first Tuesday of the calendar month, even when the first Tuesday falls on New Year’s Day or Independence Day.*


A deluge of concerns voiced by “interested parties” that


attendance at non-judicial foreclosure sales and tax and judgment execution public auctions was being negatively affected when the sale day occurred on these nationally recognized holidays prompted the Texas legislature into action.


House Bill 1128, signed into law on 5/26/2017, effective 9/1/2017, provides that if the first Tuesday of the calendar month falls on Jan 1 or July 4,  those foreclosure sales must  be scheduled and held on the first Wednesday of the calendar month.    


The July 4, 2017 foreclosure sales will occur as scheduled.    


*footnote:   per TX. Prop. Code 51.002,  TX Tax Code 34.041 and TX Civ. Prac. & Rem. Code 34.041 respectively


For more information contact:  Carolyn Taylor, cat@hwa.com




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