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.
Notice of Reposted Foreclosure Sale
[Date]
[Name and address of debtor]
Re: Notice of Reposted Foreclosure Sale of property described in the deed of trust recorded in [recording data] of the real property records of [county] County, Texas (the Deed of Trust), securing payment of the promissory note in the original principal amount of $[amount] dated [date], executed by [name of maker] in favor of [name of original payee] (the Note); and all other indebtedness and obligations described in and secured by the Deed of Trust
[Salutation]
This letter is sent to you as an obligor on the indebtedness of the Note and Deed of Trust, which are currently owned by [name of noteholder].
As you are aware, the foreclosure of the above-described Deed of Trust originally scheduled for [date] was passed over and not conducted at that time. Please be advised that [name of noteholder] has instructed the current trustee under the Deed of Trust to repost the Deed of Trust for a public, nonjudicial foreclosure sale. Enclosed is a copy of the Notice of Foreclosure Sale for the reposted sale of the collateral pledged under the Deed of Trust. If the amounts owing on the Note and any other debt secured by the Deed of Trust are not paid before that time, the Deed of Trust will be foreclosed on the time and date and at the place provided in the Notice.
For further information concerning the exact amount due and owing on the Note, and for the purpose of arranging the payment of the indebtedness, you should contact me at [address and phone number].
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As required by Tex. Prop. Code § 51.002(i), include language substantially similar to the following that is conspicuously printed in bold-faced or underlined type. |
Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately.
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Continue with the following. |
Demand is hereby made for the payment of your debt owing under the Note and Deed of Trust.
Sincerely yours,
[Name of attorney]
Attorney for [name of noteholder]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Enc.
Certified Mail No. [number]
Return Receipt Requested
c: [name of noteholder]
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Attach a copy of the notice of foreclosure sale. |