What must occur within Texas’s real-property power-of-sale period?

Obtain the mortgage or deed of trust and identify the actual power creating the covered lien.

Establish maturity and accrual, including series or installments, acceleration, rescission and recorded extension agreements.

Preserve evidence of the actual sale and separately establish its governing notice, scheduling and completion requirements.

1. Obtain the mortgage or deed of trust and identify the actual power creating the covered lien.
2. Government Code 311.005(12) defines a year as twelve consecutive months. Section 311.014 supplies statutory computation. Select the actual statutory branch and establish every required event before applying a year count. The endpoint concerns completion of the sale, not the date a notice is drafted or suit is filed.
3. The single-date preset cannot establish maturity changes or extensions and applies a suit-oriented rollover that this source review does not establish for the different sale act.

Section 16.072 expressly concerns filing suit. This guide does not automatically apply its county-office rollover to completing a nonjudicial power-of-sale sale. The actual sale’s scheduling and legal boundary require separate authority.

The single-date preset cannot establish maturity changes or extensions and applies a suit-oriented rollover that this source review does not establish for the different sale act.

Actual sale

Section 16.035(b) states that the sale must be made within its period. Notices, demands and suit are separate acts.

Installment maturity

Subsection (e) separately addresses maturity of the last note, obligation or installment. Do not assume an earlier missed payment establishes the full lien accrual.

Recorded extension and third parties

Section 16.036 requires the actual signed, acknowledged and county-recorded extension agreement for its four years after extended maturity. Section 16.037 protects specified third parties without actual notice before acknowledgment, filing and recording.

Third-party interests

Section 16.037 separately protects its stated third parties without actual notice before the extension’s acknowledgment, filing and recording.

Acceleration and rescission

Section 16.038 addresses a timely rescission or waiver of accelerated maturity through its stated notice and service method. Subsection (e) preserves other methods and subsequent accrual. A demand date alone does not establish effective acceleration or rescission.

Expiration of lien and power

Section 16.035(d) states that both the lien and the enforcement power become void on expiration of the four-year period. Establish the actual operative period before drawing that conclusion.

• This statutory-text review does not decide disputed facts, accrual, title, retrospective application or a court holding.

• Obtain the mortgage or deed of trust and identify the actual power creating the covered lien.
• Establish maturity and accrual, including series or installments, acceleration, rescission and recorded extension agreements.
• Preserve evidence of the actual sale and separately establish its governing notice, scheduling and completion requirements.
• Section 16.035(b) states that the sale must be made within its period. Notices, demands and suit are separate acts.
• Subsection (e) separately addresses maturity of the last note, obligation or installment. Do not assume an earlier missed payment establishes the full lien accrual.
• Section 16.036 requires the actual signed, acknowledged and county-recorded extension agreement for its four years after extended maturity. Section 16.037 protects specified third parties without actual notice before acknowledgment, filing and recording.
• Section 16.037 separately protects its stated third parties without actual notice before the extension’s acknowledgment, filing and recording.
• Section 16.038 addresses a timely rescission or waiver of accelerated maturity through its stated notice and service method. Subsection (e) preserves other methods and subsequent accrual. A demand date alone does not establish effective acceleration or rescission.
• Section 16.035(d) states that both the lien and the enforcement power become void on expiration of the four-year period. Establish the actual operative period before drawing that conclusion.
• Subsection (b) requires the sale to be made. Establish its actual completion and separately review all governing foreclosure notices and procedures. This Chapter 16 review supplies no unverified sale hour or notice schedule.