Texas foreclosure laws: how the process works and how long it takes

Most Texas foreclosures happen without a court, and homes are sold at the county courthouse on the first Tuesday of the month.

Texas at a glance

Does a Texas foreclosure go through a court?
Usually not: most are sold by a trustee without a lawsuit, though home equity loans and reverse mortgages need a court order first.
How long does it take?
At least 41 days from the first required notice to the sale, and 155 days on average for foreclosures that finished in the second quarter of 2026, according to ATTOM.
How far behind can you get before it starts?
Usually more than 120 days, which is about four months of missed payments.
How long do you have to catch up?
At least 20 days after the notice of default, by paying what you're behind plus costs, not the whole loan.
Can you get the house back after the sale?
No: Texas has no right to buy a home back after a mortgage foreclosure sale.
Can the lender come after you for what the sale doesn't cover?
Yes, within two years. You can ask the court to credit the home's fair market value. A home equity loan is the exception.
How many Texas homeowners are 90+ days behind?
The share of borrowers with a mortgage who were 90+ days behind was 1.6% in the first quarter of 2025, higher than the U.S. (1.2%). How Texas compares

How long does foreclosure take in Texas?

Foreclosures that finished in Texas in the second quarter of 2026 took an average of 155 days, counted from the start of the foreclosure process, according to ATTOM. That count starts when the foreclosure process starts, not when you first fell behind.

The law's own minimum is much shorter: 41 days from the first required notice to the sale. That's a 20-day notice to catch up, then a 21-day notice of the sale.

The sale date also depends on the calendar. Texas sells foreclosed homes only on the first Tuesday of the month, between 10 a.m. and 4 p.m., or on the first Wednesday when that Tuesday is January 1 or July 4. (Tex. Prop. Code 51.002(a), (a-1))

Here's what happens, in order.

The 5 steps of a foreclosure in Texas, and the time the law gives each

Each step in order, with the time the law gives it. 3 of the 5 have a time set in law; "No set time" means the lender sets the pace.

  1. 120+ days behind You fall behind on payments
  2. At least 20 days before the sale notice You get a notice of default
  3. At least 21 days before the sale The sale is advertised
  4. No set time The home is sold at auction
  5. No set time The buyer gets the deed
Source: Texas law and federal rules, as cited at each step; American Default Research state law file, checked Mar 5, 2026 American Default Research · americandefault.org/help/laws/texas/
Each step in detail, with the law behind it
  1. You fall more than 120 days behind. Your mortgage company usually can't send the first foreclosure notice before then. (12 CFR 1024.41(f))
  2. Notice of default. For a home you live in, your mortgage company sends a notice by certified mail saying you're in default and giving you at least 20 days to catch up. (Tex. Prop. Code 51.002(d), (e))
  3. Notice of sale. If you haven't caught up, the sale notice goes out at least 21 days before the sale: posted at the courthouse, filed with the county clerk, mailed to you by certified mail, and posted on the county's website. (Tex. Prop. Code 51.002(b), (f-1))
  4. The sale. A trustee auctions the home at the county courthouse on the first Tuesday of the month. The lender can bid what it's owed without paying cash. (Tex. Prop. Code 51.002, 51.0075)
  5. The deed and moving out. The trustee gives the buyer a deed. If you're still living there, the new owner has to give you written notice to leave, usually at least three days, and then file an eviction case. (Tex. Prop. Code 24.005)

How far behind can you get before a Texas foreclosure starts?

Your mortgage company usually can't start a foreclosure until you're more than 120 days behind, which is about four months of missed payments. The rule is federal and covers most loans on the home you live in. It has exceptions, such as a reverse mortgage, or a sale or transfer of the home without the lender's OK.

A Texas foreclosure usually can't start until you're more than 120 days behind

Days behind on your mortgage, against the federal waiting period before filing a foreclosure case or starting a nonjudicial foreclosure

Source: 12 CFR 1024.41(f)(1) American Default Research · americandefault.org/help/laws/texas/

You should hear from your mortgage company (the servicer, the company that sends your monthly statement) well before then. By your 36th day behind, it generally has to try to reach you by phone or in person, and by day 45 it generally has to send a letter about help options.

The two Texas notices, and what each one lets you do

The notice of default gives you at least 20 days to catch up. Paying what you're behind, plus allowed fees and costs, during that window brings the loan current and cancels the sale. You don't have to pay off the whole loan. Your loan papers may give you more time. (Tex. Prop. Code 51.002(d))

The notice goes by certified mail to your last known address, and it counts as sent the day it's mailed. If you've moved, make sure your mortgage company has your new address in writing.

The notice of sale gives you at least 21 days before the auction. It names the date and where the sale will start. It also has to say, in bold or underlined type, what rights active-duty servicemembers have. (Tex. Prop. Code 51.002(b), (i))

Neither notice comes from a court, and you won't get a court date. If you want a judge to look at the foreclosure, you have to file the case yourself, as the next section explains.

Can you stop a foreclosure in Texas?

Sometimes. These are the ways the law allows, and none of them is guaranteed. Because the sale can come quickly, the order matters.

Catch up within the 20-day window. Texas law gives you this right for a home you live in: pay the past-due amount and costs before the notice of sale can go out. (Tex. Prop. Code 51.002(d))

Apply for help from your mortgage company. Ask for a loan modification (a permanent change to your loan's terms) or a pause on payments (forbearance). If your complete application reaches your mortgage company more than 37 days before a sale date, it generally can't go ahead with the sale until it has decided. Federal law doesn't require it to offer you any particular option. (12 CFR 1024.41(g))

Ask a court to stop the sale. You can file a lawsuit and ask for a temporary restraining order before the sale. These cases often turn on whether the lender followed the notice rules: the timing, your correct address, and the posting, filing and mailing of the sale notice. A lawyer or legal aid can tell you whether you have a case.

Sell first. You can sell the home yourself, or ask your lender to approve a sale for less than you owe (short sale). A short sale doesn't erase the rest of the debt in Texas unless the agreement says so, so get any release in writing.

File for bankruptcy. Filing usually pauses a foreclosure while the bankruptcy lasts (automatic stay). If you had a bankruptcy case dismissed in the past year, the pause can last only 30 days or not start at all. A Chapter 13 plan can let you catch up on missed payments over three to five years. (11 U.S.C. 362(c)(3)–(4))

If you're on active duty, or were within the last nine months, Texas law generally bars a sale of a home you financed before your service without a court order. (Tex. Prop. Code 51.015)

If the first Tuesday is days away, a HUD-approved housing counselor or legal aid can help right away. Both are free: the map of HUD-approved counselors in Texas and the legal aid listing are below.

Home equity loans and reverse mortgages work differently in Texas

If your loan is a home equity loan or a reverse mortgage, the lender has to get a court order before it can sell. Most use a fast-track court process, and you'll get papers from the court.

In that fast-track case, your response is due on the first Monday after 38 days from the date the court clerk mailed the papers. In a regular foreclosure lawsuit, your answer is due by 10 a.m. on the Monday after 20 days from when you're served. (Tex. R. Civ. P. 99, 736)

A Texas home equity loan can't make you personally pay a leftover balance after foreclosure, unless you or your spouse got the loan by fraud. That's in the Texas Constitution and can't be waived. (Tex. Const. art. XVI, sec. 50(a)(6))

A reverse mortgage foreclosure doesn't need a court order when every borrower has died or the home has been sold. Before starting one, the lender must give you at least 30 days (20 for some defaults) to fix the problem, pay off the loan, or hand the home back. (Tex. Const. art. XVI, sec. 50(k))

Can you get your house back after a Texas foreclosure sale?

No. Texas has no right to buy a home back after a mortgage foreclosure sale.

A sale can sometimes be undone. Within 15 days after the sale, the lender or trustee can cancel it for listed reasons, such as the sale rules not being followed, or the loan being caught up before the sale. You can also sue to cancel a sale. (Tex. Prop. Code 51.016)

Two other kinds of foreclosure do let you buy the home back. After a homeowners' association sale, you have until 180 days after the association mails notice of the sale. After a property tax sale of the home you live in, you have two years. (Tex. Prop. Code 209.011; Tex. Tax Code 34.21)

Deadlines for stopping a foreclosure in Texas

Catching up means paying what you've missed, plus late fees and the trustee's and attorney's costs, but not the whole loan. How late you can do it depends on the kind of foreclosure.

Deadlines for catching up, after the sale and other steps in Texas
Kind of foreclosureDeadlineWhat starts the clock
Without a courtA home you live in At least 20 days from the notice of default The notice of default has to give you at least 20 days to catch up, counting the day it's mailed. Your loan papers may give more time. Source Tex. Prop. Code § 51.002(d)-(e)
Through a courtAny home Your loan papers decide We found no catch-up deadline in the law for a court foreclosure, so your loan papers decide. Source Tex. Prop. Code § 51.002(d)
After the sale
Any foreclosureMortgage foreclosures No buying back There's no general right to buy the home back after a mortgage foreclosure sale. Tax and HOA-lien sales follow different rules. Source Tex. Prop. Code ch. 51
Other deadlines and rules
Without a courtAny home By the 21st day before the sale The notice of sale is posted at the courthouse, filed with the county clerk and mailed to you by certified mail. The day it is given counts toward the 21 days. The sale day does not. Source Tex. Prop. Code § 51.002(a)-(b), (g)
Through a courtAny home By 10 a.m. on the first Monday after 20 days Don't count the day you were served. Your written answer is due by 10 a.m. on the first Monday after those 20 days end. If you don't file one, the court can enter a default judgment against you. Source Tex. R. Civ. P. 99(b)
Through a courtHome equity loans, reverse mortgages and owners’ association liens On the first Monday after 38 days Your response to a court application for an order to foreclose is due the first Monday after 38 days from the day the court clerk mailed the citation. That day is printed on the citation. Source Tex. R. Civ. P. 736.3(a)(2), (b)(2)

Will you owe money after a Texas foreclosure?

You may. If the sale brings in less than you owe, the lender can sue you for the rest (deficiency judgment), but it has to file within two years after the sale. (Tex. Prop. Code 51.003)

In that lawsuit, you can ask the court to decide what the home was really worth. If its fair market value is more than the sale price, the court credits you the difference, which can shrink or erase what you owe. (Tex. Prop. Code 51.003)

After a court-ordered sale, anyone who owes on the loan has 90 days after the sale to ask the court for that fair market value decision. (Tex. Prop. Code 51.004)

A home equity loan is the exception: the lender can't come after you personally for a leftover balance unless the loan was obtained by fraud.

Can your HOA or condo association foreclose in Texas?

If you fall behind on association dues, the association can put a lien on your home. If it forecloses for unpaid dues, these rules apply, not the mortgage deadlines.

Where a row says “Not found in the law,” the sections we read don't address that point. It doesn't mean the answer is no.

Can it foreclose, and how?

Yes. Subdivision HOAs generally need a court order or judgment under Chapter 209. Condo associations may foreclose in court, or sell without court, under Chapter 82.

Read the law's words
“…n assessment lien unless the association first obtains a court order in an application for expedited foreclosure under the rules adopted by the…” tcss.legis.texas.gov

Is there a minimum debt or a waiting period?

Not found in the law

What notices come first?

If an HOA records an assessment lien, it has to send two delinquency notices. It has to send the second at least 30 days after the first. Then it has to wait at least 90 more days to file the lien. Before HOA foreclosure, lenders with a later deed of trust (a mortgage-like loan document) get notice and 60 days to cure. A condo sale without court needs at least 21 days' sale notice.

Read the law's words
“…association. (e) The second notice of delinquency must be provided by certified mail, return receipt requested, to the property owner's last known mailing addr…” tcss.legis.texas.gov

Do you have a right to a payment plan?

An HOA with more than 14 lots has to offer you a payment schedule for overdue amounts, with a term of at least three months. It doesn't have to allow more than 18 months. It also doesn't have to offer one after the collection cure period (the time to catch up) ends.

Read the law's words
“…ners' association composed of more than 14 lots shall adopt reasonable guidelines to establish an alternative payment schedule by which an owner may make pa…” tcss.legis.texas.gov

Can the HOA's claim go ahead of the mortgage?

For condos, a first deed of trust recorded before the assessment became late stays ahead of the association's lien.

Read the law's words
“…is recorded; (3) a first vendor's lien or first deed of trust lien recorded before the date on which the assessment sought to be enforced becomes delinquent…” tcss.legis.texas.gov

What protects you?

An HOA can't foreclose a lien made up only of fines and related attorney fees. A condo association can't foreclose for fines alone. A narrow rule protects certain condo homesteads (primary homes) held on January 1, 1994.

Read the law's words
“…s assessment lien if the debt securing the lien consists solely of: (1) fines assessed by the association; (2) attorney's fees incurred by…” tcss.legis.texas.gov

Can you buy the home back after the sale?

If you're in a subdivision, you may buy the home back within 180 days after the HOA mails the sale notice. If you own a condo, you may buy it back within 90 days after the sale.

Read the law's words
“…s assessment lien not later than the 180th day after the date the association mails written notice of the sale to the owner and…” tcss.legis.texas.gov

Source Texas law

Who these rules cover: Chapter 209 covers residential subdivision HOAs, not condos. Chapter 82 covers condos; its assessment-lien section also applies to condos declared before 1994.

How Texas compares

Texas and Arkansas sell most foreclosed homes without a court. Louisiana, Oklahoma and New Mexico require one.

Texas's share of borrowers with a mortgage who are 90+ days behind is under half its 2010 peak

Share of Texas borrowers with a mortgage who have one 90+ days past due, quarterly, Q1 2005 to Q1 2025

0% 1% 2% 3% 4% 5% U.S. 1.2% Q1 2005Q3 2007Q1 2010Q3 2012Q1 2015Q3 2017Q1 2020Q3 2022Q1 2025 Q1 2025 1.6% 0% 1% 2% 3% 4% 5% U.S. 1.2% Q1 2005Q1 2010Q1 2015Q1 2020Q1 2025 Q1 2025 1.6%
Source: Federal Reserve Bank of Philadelphia, Consumer Credit Explorer; data sourced from Federal Reserve Bank of New York Consumer Credit Panel / Equifax. Q1 2025 American Default Research · americandefault.org/help/laws/texas/

Texas is tied for 3rd place for the share of mortgages 90+ days behind, of the 50 states and D.C.

Share of borrowers with a mortgage who have one 90+ days past due, by state, Q1 2025. Dashed line: the U.S.

Louisiana: 2.5%Mississippi: 2.1%Nevada: 1.6%Texas: 1.6%West Virginia: 1.6%Alabama: 1.5%Florida: 1.5%Georgia: 1.5%New York: 1.5%Oklahoma: 1.5%South Carolina: 1.5%D.C.: 1.4%New Mexico: 1.4%Arkansas: 1.3%Connecticut: 1.3%Delaware: 1.3%Kentucky: 1.3%Maryland: 1.3%Pennsylvania: 1.3%Illinois: 1.2%Indiana: 1.2%New Jersey: 1.2%Arizona: 1.1%Missouri: 1.1%North Carolina: 1.1%Ohio: 1.1%Rhode Island: 1.1%Kansas: 1.0%Michigan: 1.0%Tennessee: 1.0%California: 0.9%Hawaii: 0.9%Iowa: 0.9%Maine: 0.9%South Dakota: 0.9%Virginia: 0.9%Vermont: 0.9%Alaska: 0.8%Colorado: 0.8%Massachusetts: 0.8%Minnesota: 0.8%Montana: 0.8%North Dakota: 0.8%Nebraska: 0.8%Oregon: 0.8%Idaho: 0.7%New Hampshire: 0.7%Washington: 0.7%Wyoming: 0.7%Utah: 0.6%Wisconsin: 0.6% U.S. 1.2% Texas 1.6% Highest Lowest Louisiana: 2.5%Mississippi: 2.1%Nevada: 1.6%Texas: 1.6%West Virginia: 1.6%Alabama: 1.5%Florida: 1.5%Georgia: 1.5%New York: 1.5%Oklahoma: 1.5%South Carolina: 1.5%D.C.: 1.4%New Mexico: 1.4%Arkansas: 1.3%Connecticut: 1.3%Delaware: 1.3%Kentucky: 1.3%Maryland: 1.3%Pennsylvania: 1.3%Illinois: 1.2%Indiana: 1.2%New Jersey: 1.2%Arizona: 1.1%Missouri: 1.1%North Carolina: 1.1%Ohio: 1.1%Rhode Island: 1.1%Kansas: 1.0%Michigan: 1.0%Tennessee: 1.0%California: 0.9%Hawaii: 0.9%Iowa: 0.9%Maine: 0.9%South Dakota: 0.9%Virginia: 0.9%Vermont: 0.9%Alaska: 0.8%Colorado: 0.8%Massachusetts: 0.8%Minnesota: 0.8%Montana: 0.8%North Dakota: 0.8%Nebraska: 0.8%Oregon: 0.8%Idaho: 0.7%New Hampshire: 0.7%Washington: 0.7%Wyoming: 0.7%Utah: 0.6%Wisconsin: 0.6% U.S. 1.2% Texas 1.6% Highest Lowest
Source: Federal Reserve Bank of Philadelphia, Consumer Credit Explorer; data sourced from NY Fed Consumer Credit Panel / Equifax. Q1 2025 American Default Research · americandefault.org/help/laws/texas/
Texas and its neighbors: mortgages 90+ days behind and State Distress Index rank
State90+ days behind, Q1 2025Distress rank (score)
Louisiana 2.5% 2nd (98)
Texas 1.6% 4th (94)
Oklahoma 1.5% 21st (60)
New Mexico 1.4% 11th (80)
Arkansas 1.3% 24th (54)

The share counts people with a mortgage on their credit report, not loans or dollars. Ranks are of 51 (the 50 states and D.C.); 1st is the most distressed. Texas's full distress profile and county scores.

Free help in Texas

Texas has 35 HUD-approved housing counseling agencies

The 35 whose HUD listing includes foreclosure or mortgage delinquency counseling, one dot per office, as of Nov 4, 2026. The listing below names them all.

Source: U.S. Department of Housing and Urban Development, Housing Counselor list American Default Research · americandefault.org/help/laws/texas/

Texas has no state foreclosure mediation program, so these are the places to turn.

A HUD-approved housing counselor. A housing counselor works at a nonprofit the U.S. Department of Housing and Urban Development has approved, and foreclosure counseling from one is free. A counselor can help you apply for help and deal with your mortgage company. HUD lists 35 approved agencies in Texas, and HUD's line is 800-569-4287.

Legal aid. Legal aid offices give free legal help to people whose income qualifies. Texas RioGrande Legal Aid covers 68 counties from San Antonio to El Paso (956-996-8752). Lone Star Legal Aid covers 72 counties in East Texas (713-652-0077). TexasLawHelp.org has free legal information for the rest of the state.

A lawyer referral. The State Bar of Texas Lawyer Referral Service sets up a 30-minute meeting with a lawyer for $20: 800-252-9690. Texas Lawyers Care connects people who qualify with volunteer lawyers.

A complaint about your mortgage company. The Texas Department of Savings and Mortgage Lending licenses mortgage companies and takes complaints: 877-276-5554. The Texas Attorney General's consumer protection hotline takes complaints about mortgage fraud and rescue scams: 800-621-0508. You can also complain to the federal Consumer Financial Protection Bureau.

Before you pay anyone. Free counseling exists, so be wary of anyone who charges up front to "save" your home. Signing over your deed to someone who promises to rent it back to you can cost you the house.

HUD-approved housing counselors in Texas, by city (35)

  • Credit.Org - Arlington, Tx Branch, Arlington · 800-431-8157 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Austin Habitat For Humanity, Austin · 512-472-8788, ext. 122 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Bcl of Texas (Business and Community Lenders), Austin · 512-912-9884 · Website HUD-approved housing counselor · Languages: English, Spanish
All 35 agencies
  • Frameworks Community Development Corporation, Austin · 512-385-1500 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Catholic Charities of Southeast Texas, Beaumont · 409-924-4425 HUD-approved housing counselor
  • cdcb-come dream.come build., Brownsville · 956-541-4955 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Balance - Dallas, Dallas · 800-777-7526 · Website HUD-approved housing counselor
  • Bcl of Texas (Business and Community Lenders), Dallas · 214-688-7456 · Website HUD-approved housing counselor · Languages: English, Other, Spanish
  • Dallas Area Habitat For Humanity, Dallas · 214-678-2300 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Dallas County Home Loan Counseling Center, Dallas · 214-819-6060 · Website HUD-approved housing counselor
  • Navicore Solutions- Dallas, Tx, Dallas · 866-472-4557 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Nsc (Naca Counseling Subsidiary) - Dallas, Tx, Dallas · 972-283-1171 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Transformance Dba Services of Hope Entities, Dallas · 214-276-0235 · Website HUD-approved housing counselor
  • El Paso Community Action Program, Project Bravo, Inc., El Paso · 915-562-4100 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Gecu Federal Credit Union, El Paso · 915-774-2160 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Housing Channel, Fort Worth · 817-924-5091 · Website HUD-approved housing counselor
  • Housing Opportunities of Fort Worth, Fort Worth · 817-923-9192 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Avenue Community Development Corporation, Houston · 713-864-9099 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Chinese Community Center, Houston · 713-271-6100 · Website HUD-approved housing counselor · Languages: Cantonese, CHI, English, Spanish, Vietnamese
  • Fifth-Ward Community Redevelopment Corp., Houston · 713-674-0175 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Houston Area Urban League, Houston · 713-393-8700 · Website HUD-approved housing counselor
  • Nsc (Naca Counseling Subsidiary) - Houston, Tx, Houston · 713-706-3400 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Houston Area Urban League - Branch Office, Houston · 713-393-8700 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Nid-Hca Dightman, Humble · 281-895-0563 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Laredo-Webb Neighborhood Housing Services, Laredo · 956-712-9100 HUD-approved housing counselor · Languages: English, Spanish
  • Greenpath Financial Wellness, Live Oak · 210-979-4300 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Affordable Homes of South Texas, Inc., McAllen · 956-687-6263 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Tejano Center For Community Concerns, Pasadena · 713-640-3743 · Website HUD-approved housing counselor · Languages: English, Spanish
  • City of San Antonio/Dept of Neighborhood and Housing Services (Dnhs), San Antonio · 210-207-5309 HUD-approved housing counselor
  • Neighborhood Housing Services of San Antonio, San Antonio · 210-533-6673 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Our Casas Resident Council, Inc., San Antonio · 210-354-2400 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Nsc (Naca Counseling Subsidiary) - San Antonio, Tx, San Antonio · 210-826-2828 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Adults and Youth United Development Association Inc, San Elizario · 915-584-2875 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Money Management International - Houston Call Center, Stafford · 866-232-9080 · Website HUD-approved housing counselor · Languages: English, Spanish
  • Money Management International Inc., Stafford · 866-232-9080 · Website HUD-approved housing counselor · Languages: English, Other, Spanish

Listings come from the HUD Housing Counselor API and the Legal Services Corporation grantee list, as of Nov 4, 2026. American Default Research does not endorse or rank any provider. Credit counselors and other kinds of free help are in our help directory.

Sources and method

A summary of foreclosure law and practice in Texas, read from its laws and the federal servicing rules and checked Mar 5, 2026. It isn't legal advice: your mortgage sets specific terms, and courts and counties vary. For your situation, talk to a HUD-approved counselor, legal aid or a lawyer.

What this page relies on (20 sources)

We write with assistance from AI tools. Figures come from the data and sources named on this page.