Texas Foreclosure Process: Notices, Sale Date and Your Options
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Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.
A Texas lender that uses the power of sale in a deed of trust must send a default notice with at least 20 days to cure on a home loan, then give at least 21 days’ notice of sale, and the auction takes place on the first Tuesday of a month. This guide explains those notices, your options before the sale and what Property Code Chapter 51 says about deeds in lieu, deficiency claims and rescission.
The timeline
For residential property, the servicer first serves a certified-mail notice of default that gives at least 20 days to cure. If you do not cure, the notice of sale follows.
It must be given at least 21 days before the sale by posting at the courthouse door, filing with the county clerk and certified mail to each debtor (Property Code Sec. 51.002).
The sale is a public auction between 10 a.m. and 4 p.m. on the first Tuesday of the month at the county courthouse. See Texas deed of trust and foreclosure sale rules for the details.
Options before the sale
- Contact your lender or servicer as soon as you know you will fall behind. The Texas Department of Housing and Community Affairs says alternatives to foreclosure exist if you have fallen behind.
- HUD-approved foreclosure counseling is free. The TDHCA page lists 1-800-569-4287 and the Homeowner’s HOPE Hotline at 1-888-995-HOPE (4673). We did not confirm which federal programs on that page are still active.
- If the problem is delinquent property tax, a debtor is not in default under a residential deed of trust for that reason if the debtor gave the servicer notice at least 10 days before entering a tax installment agreement under Tax Code Sec. 33.02 and the property is protected from seizure under that law (Property Code Sec. 51.0011).
- Sell the house before the sale date. A closing before the sale can pay off the loan from the proceeds, and any equity left is yours.
Deed in lieu of foreclosure
A deed in lieu transfers the house to the lender instead of going through a sale.
If you did not disclose a lien or encumbrance and the holder had no personal knowledge of it, the holder can void the deed before the fourth anniversary of its execution and foreclose under the original deed of trust.
A holder that accepts a deed in lieu can still foreclose without electing to void the deed, and its priority is not affected (Sec. 51.006).
After the sale
- Any action to recover a deficiency after a nonjudicial foreclosure must be brought within two years of the sale. A defendant can ask the court to find the fair market value at the sale date and get an offset if it exceeds the sale price (Sec. 51.003).
- For residential property of one to four units or a condominium or cooperative unit, the mortgagee, trustee or substitute trustee can rescind the sale within 15 calendar days on listed grounds, such as unmet statutory requirements, a cure before the sale, a written cure agreement or a bankruptcy stay (Sec. 51.016).
- A dwelling owned by a servicemember with a pre-service obligation cannot be sold during active duty or the nine months after, unless under a court order or a compliant waiver. Violation is a Class A misdemeanor, and a court can stay proceedings on application (Sec. 51.015).
We did not open the Texas Attorney General or CFPB foreclosure pages or the expedited foreclosure procedure in the Rules of Civil Procedure, and we did not confirm reinstatement or modification rights in your situation. A housing counselor or attorney can look at your loan.
How to sell a house in Texas when a foreclosure is coming
- Find the sale date on your notice of sale and ask the servicer for a payoff. Tell us the date so we can plan the closing.
- Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
- Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
- If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.
Texas foreclosure FAQ
How long does foreclosure take in Texas?
The statute requires at least 20 days to cure on a residential default notice and at least 21 days' notice of sale (Property Code Sec. 51.002). Real timelines depend on the lender.
When are Texas foreclosure auctions?
The first Tuesday of the month between 10 a.m. and 4 p.m. at the county courthouse, or the first Wednesday if the first Tuesday is January 1 or July 4 (Sec. 51.002).
Can the lender sue for a deficiency?
Within two years of the sale, and the borrower can ask the court to credit fair market value if it exceeds the sale price (Sec. 51.003).
Can I sell my house before foreclosure?
Yes. A sale that closes before the auction can pay off the loan from the proceeds.
Sources
- Texas Property Code, Chapter 51 (Transfer of property)
- TDHCA: Foreclosure prevention resources for homeowners
- Texas Judicial Branch: Forms
This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.