Rule 309.In Foreclosure Proceedings

Last verified June 28, 2026

In one sentenceRule 309 sets the form of a foreclosure judgment: the plaintiff recovers the debt, damages, and costs with foreclosure of the lien, and — except against estates — an order of sale issues directing an officer to sell the property and collect any shortfall from the defendant's other property.

Full Text of Rule 309

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Judgments for the foreclosure of mortgages and other liens shall be that the plaintiff recover his debt, damages and costs, with a foreclosure of the plaintiff's lien on the property subject thereto, and, except in judgments against executors, administrators and guardians, that an order of sale shall issue to any sheriff or any constable within the State of Texas, directing him to seize and sell the same as under execution, in satisfaction of the judgment; and, if the property cannot be found, or if the proceeds of such sale be insufficient to satisfy the judgment, then to take the money or any balance thereof remaining unpaid, out of any other property of the defendant, as in case of ordinary executions.

End

Plain-English Summary

Rule 309 spells out what a lien-foreclosure judgment contains. The plaintiff recovers the debt, damages, and costs, with a foreclosure of the lien on the property subject to it. An order of sale then issues to any sheriff or constable in Texas, directing the officer to seize and sell the property as under execution to satisfy the judgment.

The rule also handles a shortfall. If the property cannot be found, or the sale proceeds do not satisfy the judgment, the officer takes the unpaid balance out of the defendant's other property, as in an ordinary execution. One exception runs through the estate rules: against executors, administrators, and guardians, no order of sale issues.

Frequently Asked Questions

What does a Texas foreclosure judgment include?

Under Rule 309, recovery of the debt, damages, and costs, foreclosure of the lien, and an order of sale. If the sale does not satisfy the judgment, the balance comes from the defendant's other property.

Does Rule 309 apply against an estate?

No. Judgments against executors, administrators, and guardians are excepted from the order-of-sale procedure; those are handled through the estate.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 309), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: foreclosure judgmentorder of saleforeclosure of liensdeficiencyTRCP 309