Form 14-7

Foreclosure Sale Deed

Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.

Date:

Security Instrument

Recording Information:

Property (including improvements):

The Property includes the following personal property:

Date of Sale of Property:

Time Sale of Property Began [state exact time of sale]:

Place of Sale of Property [include county and area designated by commissioners court where sale took place]:

Purchaser at Foreclosure Sale:

Purchaser’s Mailing Address [include county]:

Sales Price:

A contingency stated in the Security Instrument as a condition precedent for the appointment of a substitute trustee occurred, and [name of substitute trustee] was appointed by an Appointment of Substitute Trustee executed by [name of current mortgagee], dated [date], and recorded in [recording data] of the real property records of [county] County, Texas.

Default has occurred in the payment of the obligations secured by the Security Instru­ment (the Obligations). [Include if applicable: A demand to cure and notice of intent to accel­erate and notice of acceleration of the unpaid balance of the principal of the Obligations was made, and the default was not cured.] The duly appointed [trustee/substitute trustee] exercised the power of sale contained in the Security Instrument.

Pursuant to the requirements of the Security Instrument and the laws of the state of Texas, written notice of the time, place, date, and terms of the public foreclosure sale of the Property was posted at the courthouse door of [county] County, Texas, the county in which the Property is situated, and a copy of the notice was also filed with the county clerk of [county] County, Texas, each notice having been posted and filed for at least twenty-one days preceding the date of the foreclosure sale.

Additionally, written notice of the time, date, place, and terms of the foreclosure sale was served on behalf of the current mortgagee by certified mail on each debtor who, accord­ing to the records of the current mortgagee, is obligated to pay any of the Obligations. The certified-mail notices were timely sent by depositing the notices in the United States mail, postage prepaid in proper amount, and addressed to each debtor at the debtor’s last known address as shown by the records of the current mortgagee at least twenty-one days preceding the date of the foreclosure.

Written notice of default and of the opportunity to cure the default to avoid acceleration of the maturity of the note was served on behalf of the current mortgagee by certified mail on each debtor who, according to the records of the current mortgagee, is obligated to pay any of the Obligations. The certified-mail notices were timely sent by depositing the notices in the United States mail, postage prepaid in proper amount, and addressed to each debtor at the debtor’s last known address as shown by the records of the current mortgagee at least twenty days preceding the date of the acceleration of the maturity of the note and the posting of the Property for foreclosure.

Attached are affidavits for the mailing of notice of intent to accelerate the maturity of the note to debtors and posting and mailing of notice of foreclosure sale and conduct of the foreclosure sale.

In consideration of the premises and of the bid and payment [include if applicable: by way of credit against the unpaid balance owed on the Obligations] of the amount of $[amount], the highest bid by Purchaser, I, as [trustee/substitute trustee], by virtue of the authority conferred on me in the Security Instrument, have granted, sold, and conveyed all of the Property to Purchaser and Purchaser’s [heirs/successors] and assigns, to have and to hold the Property, together with the rights, privileges, and appurtenances thereto belonging unto Purchaser and Purchaser’s [heirs/successors] and assigns forever pursuant to the provisions of chapter 51 of the Texas Property Code.

I, as the [trustee/substitute trustee], do hereby bind the mortgagor and mortgagor’s [heirs/successors] and assigns to warrant and forever defend the Property to Purchaser and Purchaser’s [heirs/successors] and assigns forever, against the claim or claims of all persons claiming the same or any part thereof, subject to any prior liens, the right of rescission con­tained in section 51.016 of the Texas Property Code, and other exceptions to conveyance and warranty in the Security Instrument.

The foreclosure sale has been conducted pursuant to an order lifting stay entered in Cause No. [number] in the [district] Bankruptcy Court. A certified copy of the order is being filed for record in the real property records.

The [trustee/substitute trustee] does not make any warranty or representation as to the merchantability or fitness for use or a particular purpose of the Property. [Trustee/Substitute trustee] is selling the Property described above on an “as is” and “where is” basis and dis­claims any implied or express warranties with respect to such Property, except as to warran­ties of title, and at Purchaser’s own risk.

Executed on [date].

   
[Trustee/Substitute Trustee]

State of Texas)

County of)

BEFORE ME, the undersigned authority, on this day personally appeared [name of affi­ant], as [Trustee/Substitute Trustee], known to me to be the person whose name is subscribed to the foregoing instrument, and who acknowledged to me that [he/she] executed the same for the purposes and consideration therein expressed and in the capacity therein stated.

Given under my hand and seal of office this [specify] day of [month] [year].

SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].

   
Notary Public, State of Texas