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 Agent to Act as Bidder
[Date]
[Name and address of local agent]
Re: Foreclosure pursuant to the deed of trust dated [date] from [name of mortgagor], mortgagor, to [name of trustee], trustee, for the benefit of [name of lender], lender, recorded in [recording data] of the real property records of [county] County, Texas
[Salutation]
[Name of lender], the lender, is the current owner of the deed of trust described above. The lender has instructed [name of trustee], as [Trustee/Substitute Trustee], to sell the property described in the deed of trust on [date] at the [county] County Courthouse.
The lender hereby appoints any employee of the law firm of [name of firm] to act as its agent at the foreclosure sale. The lender authorizes the agent to make an opening bid of $[amount] for the purchase of the property at the sale. If bids are received from third parties, the agent is instructed to continue the bidding process on behalf of lender to a maximum bid of $[amount].
In the event of competitive bidding in which the maximum bid is exceeded, the agent is hereby instructed to (1) request the [Trustee/Substitute Trustee] to adjourn the sale and to announce a time the sale will reconvene and (2) contact [name of lender’s representative] at [phone number] at the lender’s office for further bidding instructions.
Furthermore, the agent is hereby authorized on behalf of the lender to perform such acts as he deems necessary or appropriate to carry out the provisions of this letter.
Sincerely yours,
[Name of attorney]
Attorney for [name of lender]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]