How foreclosure works in Texas, and how much time you have

Texas mortgage foreclosure usually follows a nonjudicial process. For a home you live in, the state requires at least 20 days to cure a default before the sale notice, followed by at least 21 days of sale notice. Those are separate stages. Once you have a sale notice, your time to act may be short.

There is no single countdown that fits every homeowner. Federal rules generally stop foreclosure from starting until a mortgage is more than 120 days delinquent. Your loan, the notices already sent, and any approved mortgage assistance affect where you stand. Don't add all these numbers together and call it your timeline.

Start with the papers in front of you. Look for a cure deadline and a scheduled auction date. Write both down. Know which one you have: missed payments, a default notice, or a scheduled sale.

Does the lender have to take me to court first?

In a standard nonjudicial mortgage foreclosure, the lender uses the power of sale in the deed of trust. A trustee conducts the sale after the required steps. You should not wait for a lawsuit or a court hearing to tell you that your house is at risk.

Texas also has foreclosure processes that involve court proceedings. This guide focuses on the ordinary mortgage trustee sale. If your paperwork describes a different process, read the instructions on those papers instead of applying this timeline to them.

The words on a notice can be unfamiliar. A Notice of Substitute Trustee Sale is a foreclosure sale notice, according to the Dallas County Clerk. Treat a document with that title as something to check immediately. Ignore the buyer letters for now and find the real notice from the lender or trustee.

Keep the notice with your mortgage statements and the envelope it arrived in. A plain folder works. Keep it next to you when you call about the loan.

How long after missed payments can foreclosure start?

For mortgages covered by the federal servicing rule, the first required foreclosure notice or filing generally cannot happen until the loan is more than 120 days delinquent. There are exceptions. The CFPB describes this as an early protection, rather than a fixed date when every lender must begin foreclosure.

Use that early period to contact your mortgage servicer, the company that collects your payments. Ask how far behind the account is and what assistance you can apply for. Waiting for the final notice leaves less room to collect documents or compare a sale with a plan to keep the home.

You should not assume the Texas notice periods all begin after day 120. The federal rule concerns the first notice or filing required for foreclosure, while earlier servicing letters may arrive before then. Count from the documents and deadlines that apply to your account.

If the person answering your call cannot explain your stage, ask for the foreclosure or mortgage assistance department. Write down the date of the call and what they say you need to submit. Ask for written confirmation of any change to a scheduled sale.

What does the 20-day default notice mean?

Property Code Section 51.002(d) requires a certified-mail default notice for property used as the debtor's residence. It must give you at least 20 days to cure the default before notice of sale can be given. Curing means fixing the default described in the notice.

Read the payment instructions closely. Ask for the exact amount needed to bring the loan current and the deadline for that amount to arrive. Do not work from an old statement or assume one regular monthly payment will catch up an account that is several payments behind.

Keep a copy of any payment instructions and proof of payment. If the amount looks wrong, ask the servicer to explain it while you still have time to respond. Make the question specific: which missed payments and charges are included in the amount you were given?

Under Section 51.002(e), certified-mail service is complete when the notice is properly deposited in the mail to your last known address. Leaving certified mail unopened does not preserve your time. Open it promptly and make sure the servicer has your current mailing address.

What does the 21-day sale notice tell me?

The sale notice is a later step. The ordinary Section 51.002 process requires at least 21 days of notice before the auction, with courthouse posting, filing with the county clerk, and certified mailing to the debtors obligated to pay. The notice states the earliest sale time.

Find the sale date first, then the place and contact information. Call the servicer to confirm whether the sale is still scheduled. Ask what it would take to postpone it. Keep the deadline visible while you work on assistance or a possible sale.

Dallas County posts notices that can be searched by name or street address. Bexar County provides mortgage notices and a county foreclosure map. Check the actual notice for your property rather than relying only on a map marker or a letter from someone offering to buy it.

If you are weighing a sale against your other options, our county pages cover the selling side.

Selling a house in Dallas County

Selling a house in Bexar County

When and where does the Texas foreclosure auction happen?

Texas trustee sales ordinarily take place on the first Tuesday of the month between 10 a.m. and 4 p.m. If that Tuesday is January 1 or July 4, the statute moves the sale to the first Wednesday. The location is the area the county commissioners designate at the courthouse.

Dallas County holds its sales on the north side of the George Allen Courts Building, facing Commerce Street, below the overhang, unless the county designates another spot. Bexar County holds its sales on the west side of the courthouse at 100 Dolorosa in San Antonio, or another spot the Commissioners Court designates. Confirm the location in your own notice.

These are public auctions. Treat the auction date as your deadline. If you have been told the sale is delayed, ask for confirmation from the servicer or trustee and keep it with your papers.

Can mortgage assistance still help before the sale?

Ask the servicer about a repayment plan or loan modification if you want to stay. Forbearance may fit a temporary loss of income, but reduced or paused payments are not erased. Ask what your payment would be afterward and whether it fits the income you actually expect.

Timing matters for an assistance application. The CFPB says a complete application received more than 37 days before a scheduled sale generally must be evaluated, with a written response within 30 days. If you submit closer to the sale, those particular review protections may not apply.

Ask whether your application is complete and what is missing. Sending one form and assuming the review has started can leave you waiting for an answer while the servicer is waiting for documents. Save copies of what you submit and any message confirming receipt.

Free HUD-approved housing counselors can help you understand your options and work with the mortgage company. Give the counselor the scheduled sale date at the start. Your budget matters too: a proposed payment plan is only useful if you can keep making its payments.

Can I sell my house before the foreclosure auction?

Selling may be an option if keeping the home is no longer affordable. The CFPB explains that a regular sale can pay off the mortgage and selling expenses, with remaining funds going to you. If the proceeds fall short, a short sale requires approval from the servicer and loan owner.

Request a current payoff amount and ask the closing company to estimate what would be left for you. Compare that number with your moving budget. An attractive purchase price is less useful if the closing date will miss the auction or the proceeds will not cover what needs to be paid.

Listing with an agent can be the better choice when there is enough time to market the house and the likely net proceeds are higher. Ask the agent for a realistic closing schedule based on the house's condition. Leave room for delays instead of planning around the fastest possible outcome.

If time or repairs make that route difficult, we can provide a cash offer for an as-is sale. Compare the amount you would receive and the proposed closing date with your other options. Get written confirmation from the servicer about the auction status; a buyer's proposed date is not that confirmation.

What happens after the foreclosure sale?

A properly completed ordinary nonjudicial mortgage sale ends the homeowner's right to redeem, meaning a right to buy the home back afterward. The Texas housing agency describes that result in its foreclosure guidance. Do not apply tax-sale redemption periods to a mortgage trustee sale.

Possession is a separate matter. Texas eviction procedures include notice to vacate, a case in justice court, and a court order for possession when required. If you receive eviction papers, read the stated deadlines and hearing instructions promptly. The court's own self-help resources explain that process.

The sale may also leave unpaid debt. If the sale price is below what you owed, the lender may come after you for the difference. Texas Property Code 51.003 says that kind of claim must be brought within two years of the sale. Losing the house does not mean the debt disappears. Keep any later account letters with your foreclosure records.

Before the sale, focus on the next deadline you can still meet. Confirm the auction status, get an accurate amount owed, and compare a workable plan to stay with a sale you can complete in time. Open the letters. Then decide.