Last amended January 1, 2012 · Last verified June 28, 2026
In one sentenceRule 735 identifies the liens whose foreclosure requires a court order — home equity loans, tax-lien transfers and property-tax loans, and property owners' association assessments — and points to Rule 736's expedited procedure for obtaining one.
735.1. Liens Affected Rule 736 provides the procedure for obtaining a court order, when required, to allow foreclosure of a lien containing a power of sale in the security instrument, dedicatory instrument, or declaration creating the lien, including a lien securing any of the following:
(a)a home equity loan, reverse mortgage, or home equity line of credit under article XVI, sections 50(a)(6), 50(k), and 50(t) of the Texas Constitution;
(b)a tax lien transfer or property tax loan under sections 32.06 and 32.065 of the Tax Code; or
(c)a property owners’ association assessment under section 209.0092 of the Property Code. 735.2. Other Statutory and Contractual Foreclosure Provisions Unaltered A Rule 736 order does not alter any foreclosure requirement or duty imposed under applicable law or the terms of the loan agreement, contract, or lien sought to be foreclosed. The only issue to be determined in a Rule 736 proceeding is whether a party may obtain an order under Rule 736 to proceed with foreclosure under applicable law and the terms of the loan agreement, contract, or lien sought to be foreclosed. 735.3. Judicial Foreclosure Unaffected A Rule 736 order is not a substitute for a judgment for judicial foreclosure, but any loan agreement, contract, or lien that may be foreclosed using Rule 736 procedures may also be foreclosed by judgment in an action for judicial foreclosure.
End
Plain-English Summary
Rule 735 marks which foreclosures need a court order. Rule 736 provides the procedure for obtaining one when the power of sale arises from a home equity loan, reverse mortgage, or home equity line of credit under Article XVI of the Texas Constitution; a tax-lien transfer or property tax loan under the Tax Code; or a property owners' association assessment under the Property Code.
For these liens, the lienholder cannot post and sell on its own — it must first obtain a court order. The rule was rewritten and expanded in the 2012 amendments to cover association assessment liens.
Frequently Asked Questions
Which foreclosures require a court order in Texas?
Home equity, reverse mortgage, tax-lien transfer, and property owners' association assessment foreclosures (Rule 735), using the Rule 736 procedure.
Does a Rule 736 order replace a judicial foreclosure lawsuit?
No. Rule 735 makes clear it's not a substitute for a judgment in a judicial foreclosure action — a lienholder may still choose to foreclose by judgment instead.
Does Rule 735 change what a lender must otherwise do to foreclose?
No. It doesn't alter any foreclosure requirement in the loan agreement or other law — it only adds the requirement of a court order for these liens.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 735), 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:foreclosures requiring a court orderhome equity foreclosureproperty owners association foreclosureliens requiring judicial foreclosure orderTRCP 735