Rule 310.Writ of Possession

Last verified June 28, 2026

In one sentenceRule 310 gives a real-estate foreclosure order the force of a writ of possession against the parties and anyone claiming under the defendant during the suit, and directs the officer to put the buyer in possession within thirty days after the sale.

Full Text of Rule 310

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When an order foreclosing a lien upon real estate is made in a suit having for its object the foreclosure of such lien, such order shall have all the force and effect of a writ of possession as between the parties to the foreclosure suit and any person claiming under the defendant to such suit by any right acquired pending such suit; and the court shall so direct in the judgment providing for the issuance of such order. The sheriff or other officer executing such order of sale shall proceed by virtue of such order of sale to place the purchaser of the property sold thereunder in possession thereof within thirty days after the day of sale.

End

Plain-English Summary

Rule 310 helps a foreclosure buyer take the property. When a court orders foreclosure of a lien on real estate in a suit aimed at that foreclosure, the order carries all the force and effect of a writ of possession — as between the parties to the suit and any person who acquired a right under the defendant while the suit was pending. The judgment must say so.

The rule sets a deadline for handing over the property. The sheriff or other officer executing the order of sale must place the purchaser in possession within thirty days after the day of sale, so the buyer against those bound by the foreclosure does not need a separate possession suit.

Frequently Asked Questions

Does a foreclosure buyer need a separate writ of possession in Texas?

Under Rule 310, a real-estate foreclosure order itself carries the force of a writ of possession against the parties and those claiming under the defendant during the suit.

How soon must the buyer be put in possession?

Within thirty days after the day of sale, the officer executing the order of sale must place the purchaser in possession.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 310), 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: writ of possessionforeclosure possessionpurchaser in possessionTRCP 310