Note: On the first sale of the day by a trustee or a substitute trustee an announcement of the reasonable conditions for conducting the public sale may be made pursuant to Tex. Prop. Code § 51.0075(a). Tex. Prop. Code § 51.0075(f) was amended in 2009 to allow the foreclosure purchaser and the trustee or substitute trustee to agree on a reasonable time after acceptance of the bid within which to deliver the purchase price; otherwise, the purchase price is payable without delay after acceptance of the bid.
Agenda of Public Foreclosure Sale
[county] County, Texas, [date]
I am [name of trustee], Trustee under the Deed of Trust recorded in [recording data] of the real property records of [county] County, Texas. [Name of mortgagee or mortgage servicer] has instructed me to sell, at public auction, the property described in the Deed of Trust,
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Include one or both of the following. |
together with the personal property that is subject to the security interest granted in the Deed of Trust[.]
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And/Or |
but not including any property previously released from the Deed of Trust, including but not limited to the property described in Exhibit [exhibit letter/number] attached hereto.
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Continue with the following. |
This is to be an “AS IS” sale. This sale will be conducted subject to the right of rescission contained in section 51.016 of the Texas Property Code.
The property is [read legal description or offer a copy for review. If appropriate, provide beachfront notice. See TREC form no. 33-2 at www.trec.texas.gov/forms/addendum-coastal-area-property].
[Include if applicable: There will be no warranty relating to title, possession, quiet enjoyment, or the like for the personal property in this disposition.]
I now call for cash bids on the property. Each bidder will please state his or her name, for whom the bid is being made, and the amount of each bid made. [Include if applicable: All bidders must execute an acknowledgment of receipt of the beachfront notice in order to bid.]
Bids in the order made:
1.Name:
Representing:
Amount bid:
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Repeat above information as needed. |
Are there any further bids?
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When there are no further bids, select one of the following. |
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If the bidder has requested, and the trustee agrees to grant the bidder, a reasonable time to obtain the amount of the bid, select the following. |
Hearing no further bids, this sale is adjourned until ____________, at which time this sale will reconvene at this location if the bidder has not delivered cash to me, as Trustee, in the amount of the bidder’s bid; provided, however, that if the bidder delivers the cash bid, the property will be sold to the bidder without further notice, and this sale will be concluded.
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The time for reconvening the sale must allow time to complete the sale by 4:00 p.m. and bidding on behalf of the beneficiary should commence at its minimum bid. If the sale is reconvened, this agenda should be reread in full. |
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If the bidder has not requested time to obtain the amount of the bid, select the following. |
Hearing no further bids, the property is sold to ______________________, who made the highest and best bid.
This concludes the sale.
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Continue with the following. |
[Name of trustee]