Note: When preparing this form, the attorney should carefully review Tex. Prop. Code §§ 51.0001, 51.0025, and 51.0075 and Tex. Bus. & Com. Code §§ 3.203 and 3.301 to ensure any reference to a person accurately describes the role the person holds or performs in the context of a foreclosure proceeding, e.g., references to “noteholder,” “beneficiary,” “owner,” “lender,” “obligor of the debt,” “mortgagor,” “mortgagee,” or “mortgage servicer” as appropriate.
Letter Employing Local Attorney to Post Notices Only
[Date]
[Name and address of local attorney]
Re: Note dated [date], executed by [name of borrower]
[Salutation]
I represent [name of lender], the owner and holder of a promissory note in the original principal amount of $[amount] executed by [name of borrower]. The note is secured by a deed of trust [include if applicable: and security agreement] covering property in [city], Texas. The note has [matured by its terms/been accelerated by the noteholder], and to date $[amount] principal plus the unpaid accrued interest remains due and owed. Therefore, [name of lender] has requested that we arrange for the mortgaged property to be posted for a[n] [month] foreclosure sale under the provisions of the deed of trust and the Texas Property Code.
Pursuant to our telephone conversation, I understand that you have agreed to ensure the timely filing and posting of the notice of foreclosure sale. Accordingly, enclosed for your further handling are the following documents:
1.Notice. Four originals of the notice of foreclosure sale dated [date]. One original is for posting. If possible, a second original should be file- and date-stamped by the county clerk and returned to me after posting and before the foreclosure sale. The third original must be recorded with the [county] county clerk in accordance with the requirements of the Texas Property Code. The last original is for your files.
2.Affidavit of Posting. An original and one copy of the affidavit of posting must be executed after posting. Please return the original to me before the foreclosure sale. The copy is for your files.
For your information, enclosed are copies of the note executed by the borrower, the deed of trust, and the mortgagee title insurance policy issued to the lender.
Thank you for your help with this matter. Please call me at [phone number] if you have any questions.
Sincerely yours,
[Name of attorney]
Attorney for [name of lender]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Enc.
c: [name of lender]