The auction will not cut you the check you think
This is the search after someone said “you have equity, let it go to auction and you’ll get a check.” Default interest, legal fees, trustee costs — that stack comes off the top. What people call surplus is often little or nothing. Sometimes a deficiency still follows you.
The Fort Bend trustee sale is not your listing. You are not pricing it. You are not choosing the buyer. Fees already ran. That is why we say the auction is not a sale you control.
A clean sale is a purchase: we buy, the loan is paid or short-paid with a release, you convey title. That is how this liability ends while you are still the seller.
If you still have title, sell before the date. Talk about selling. We do not stop the sale. We do not promise a surplus.
What the statute actually says
Texas does not guarantee you a courthouse check. After a nonjudicial foreclosure, any remaining liability is a deficiency action under Property Code § 51.003. The statute lets a court look at the fair-market value of the property as of the sale date. Fees, costs, and the bid all come off first.
The sale itself is the public auction in § 51.002. You are not the seller setting a price. You are not choosing the buyer. That is why “let it go to auction and I’ll get a check” is not a plan. A purchase before the trustee calls it is a sale you still control.
Statute links are the official text. This site is not a law firm. We buy houses. We do not give legal advice.
We do not stop a foreclosure sale. We are the buyer, not your agent.
Related: Is this house in foreclosure? · Sell a house in foreclosure · How we buy · Default letter · Owe more than it is worth · Fort Bend sale months