Texas homeowners
Facing Foreclosure in Texas? Know Your Timeline.
Most Texas foreclosures happen without a court case under a deed of trust's power of sale. Once notices go out, the timeline is one of the fastest in the country — sales happen on the first Tuesday of the month.
Speak with an attorney on our team — free, no obligation.
The Texas foreclosure timeline
Typical steps. Every case is different — call us to pin down your exact dates.
- 1
Months 1–4
Missed payments
Federal rules generally bar starting foreclosure until you're 120+ days behind.
- 2
Notice of default
At least 20 days to cure
For a home you live in, the servicer must send written notice giving at least 20 days to catch up before the loan is accelerated.
- 3
21+ days before sale
Notice of sale
The notice is mailed to you, posted at the courthouse and filed with the county clerk at least 21 days before the sale.
- 4
First Tuesday of the month
Courthouse auction
Sales are held between 10 a.m. and 4 p.m. at the county courthouse. In many cases the full process takes about two to three months once notices begin.
- 5
After the sale
No right to buy it back
Texas gives no redemption period after a mortgage foreclosure sale. The new owner can start eviction with a 3-day notice to vacate.
Texas laws every homeowner should know
The 120-day federal rule
12 C.F.R. § 1024.41(f)
For most home loans, the servicer can't start the first foreclosure filing or notice until you're more than 120 days behind. That window is usually the best time to plan a sale.
20-day notice to cure for homesteads
Tex. Prop. Code § 51.002(d)
Before accelerating the loan on your residence, the servicer must give written notice of default and at least 20 days to cure.
21-day notice of sale, first-Tuesday auctions
Tex. Prop. Code § 51.002(a)–(b)
Foreclosure sales occur on the first Tuesday of the month, 10 a.m.–4 p.m., after at least 21 days' notice. A sale scheduled this month can happen in just weeks.
No redemption after a mortgage foreclosure
Tex. Prop. Code ch. 51
Once the property sells at auction, your ownership — and your equity — is generally gone. The time to sell is before the sale date.
Home equity loans need a court order
Tex. Const. art. XVI, § 50(a)(6); Tex. R. Civ. P. 736
Cash-out home equity loans and HELOCs require an expedited court process before foreclosure, which can add time.
Deficiency suits within 2 years
Tex. Prop. Code § 51.003
The lender may sue for a deficiency within two years of the sale. You can ask the court to credit the home's fair market value if the auction price was lower.
HOA foreclosures follow different rules
Tex. Prop. Code §§ 209.0091–209.011
Many HOA foreclosures require court action and give the owner a 180-day redemption period after the sale.
How The Home Defenders helps in Texas
Serving Dallas–Fort Worth, Houston, San Antonio, Austin and statewide. Call and speak with an attorney on our team about where your case stands.
- Move quickly when a first-Tuesday sale date is weeks away
- Estimate your equity and net proceeds before the auction
- Compare a traditional listing with a qualifying cash offer
- Talk through notices you've received with an attorney on our team
This page is a general summary of Texas and federal rules for education only. Laws change and every case is different; it is not legal advice and creates no attorney-client relationship. The Home Defenders is not a law firm; attorneys on our team can review your situation on a free call. Results are not guaranteed.