The Notice of trustee’s sale should contain the time, place and date of the intended sale. It must be given at least twenty-one (21) days prior to the intended sale and must include a statement of the earliest time at which the sale will occur. A sale conferred by a deed of trust must be a public sale at auction held between 10:00 a.m. and 4:00 p.m. on the first Tuesday of the month. The sale must begin at the time stated in the notice of sale or not later than three (3) hours after that time. For example, the notice of sale may indicate that the sale will occur “at 11:00 a. m. or not later than three (3) hours after that time” on a date which is the first Tuesday of the month and which is at least twenty-one (21) days after the date of the notice.
The sale must take place at the county courthouse in the county in which the land is located, or if the property is located in more than one county, the sale may be made at the courthouse in any county in which the property is located. The commissioner’s court of each county is required by statute to designate the area at the courthouse where the sales are to take place and to record the designation in the real property records of the county. The sale must occur in the designated area. If no area has been designated by the commissioners court, the notice of sale must designate the area at the courthouse where the sale covered by that notice is to take place, and the sale must occur in that area. See Form of Notice of Sale by Substitute Trustee located at the end of this Chapter.