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Texas law

Real Estate Laws in Texas.

Texas real estate practice covers deeds, title, residential seller disclosures, homestead, and foreclosure. Texas is one of the fastest foreclosure states — nonjudicial foreclosure under a deed of trust with power of sale typically completes in 60+ days. Texas has NO post-sale right of redemption for most foreclosures. Texas homestead is constitutionally protected against most creditors with unlimited dollar value. Texas requires residential seller disclosure under Tex. Prop. Code § 5.008. Texas is a community-property state; real estate acquired during marriage is generally community property.

Last verified: 2026-04-17

State law

Key Texas Statutes

Nonjudicial Foreclosure (Deed of Trust)Tex. Prop. Code § 51.002

Texas permits nonjudicial foreclosure where the deed of trust contains a power of sale. Requires at least 21 days' notice of sale, publication, and sale on the first Tuesday of the month at the county courthouse. Process typically 60-90 days — among the fastest in the U.S.

No Post-Sale Redemption (Most Foreclosures)Texas does not provide statutory post-sale redemption for most foreclosures

Unlike many states, Texas provides no post-sale right of redemption for most mortgage foreclosures. The borrower must cure before the sale. (Tax sales have a separate redemption period.)

Residential Seller's DisclosureTex. Prop. Code § 5.008

Sellers of residential real property (1-4 units) must provide a detailed Seller's Disclosure Notice covering structural, systems, environmental, and other material conditions.

Constitutional Homestead ProtectionTex. Const. art. XVI, § 50

Texas Constitution protects the homestead from forced sale by general creditors. Urban homestead: up to 10 acres. Rural homestead: up to 200 acres (family) or 100 acres (single adult). NO dollar value cap. Among the strongest homestead protections in the U.S.

Mechanics' and Materialman's LiensTex. Prop. Code Chapter 53

Contractors, subcontractors, and suppliers may file mechanics' liens against improved real property. Texas has a distinctive constitutional lien for original contractors (Tex. Const. art. XVI, § 37) in addition to the statutory framework.

Recording Priority (Race-Notice)Tex. Prop. Code § 13.001

Texas is a race-notice state.

Texas Attorney-Closing Rule (Regional Variation)Texas common law

Unlike some states, Texas permits title companies to conduct real-estate closings. Attorney involvement is not required by state law, though is common in complex transactions.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

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