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Foreclosure sale date set in Texas: what you can still do
If a trustee's sale is set on your Texas home, time is short, because the auction is usually final once it happens. Start by confirming the date with the trustee and the county, then work down this list with your servicer, the trustee, a counselor or a lawyer. Do not wait until the Monday before the sale.
Reviewed against Texas law and official sources on October 11, 2026. General information, not legal advice.
Tell us your sale date
Free. A person replies with the options and official help that fit. Messages about a scheduled sale are answered first.
Options still open before a sale in Texas
Confirm whether the sale is still on
Now, and again the day before the first Tuesday
The notice of sale is filed with the county clerk, who must keep notices open to the public, and the county must post it on its website with the date, time and location. Call the trustee or substitute trustee, whose name and street address must be on the notice.
Tex. Prop. Code §§ 51.002(f), (f-1), 51.0075(e)
Get a complete application in and ask the servicer to cancel the sale
More than 37 days before the sale for federal review protection; any time before the sale to ask
Ask your servicer in writing to call off the sale while it reviews you, and get any agreement in writing. Texas law has no process for moving a sale to another day, so a sale that does not go forward needs a new notice of sale at least 21 days before a later first Tuesday.
Tex. Prop. Code § 51.002(a), (b)
Reinstate or pay off the loan
Before the sale begins
Ask the servicer for a written reinstatement or payoff amount, and how and where to pay. If you cure before the sale, or sign an enforceable written agreement with the servicer to cure, and the sale still goes forward, the lender or trustee may rescind it within 15 days.
Tex. Prop. Code § 51.016(b)(2), (5)
File your own lawsuit on a home equity loan
Before 5:00 p.m. on the Monday before the sale
On a home equity loan, line of credit or reverse mortgage, a separate lawsuit about the loan automatically stays the Rule 736 order. Notify the lender's attorney and the trustee right away. If the stay is in effect, a sale is void.
Tex. R. Civ. P. 736.11
Ask a court to stop the sale
Before the sale
TexasLawHelp says that if your servicer moves ahead after you sent a complete application in time, you have a right to sue to stop the sale. This takes a lawsuit in court, so contact legal aid or a licensed attorney right away.
12 C.F.R. § 1024.41(g)
Bankruptcy stay
Before the sale
A bankruptcy filing generally stops the sale for now. If the sale happens anyway while the stay is in effect, the lender or trustee may rescind it. Talk to a licensed bankruptcy attorney or legal aid before filing.
Tex. Prop. Code § 51.016(b)(6)
Call today, not tomorrow
With a sale on the calendar, every option above has a cutoff. A free HUD-approved housing counselor can call your servicer with you today: (800) 569-4287. For legal aid and court help, see free foreclosure help in Texas.
Common questions in Texas
Where can I see the foreclosure sale list for my Texas county?
The county clerk keeps every filed notice of sale in a public file (Tex. Prop. Code § 51.002(f)). Since a 2023 change, each county must also post the notices prominently on its website, free and without registration, with the date, time and location of each sale (§ 51.002(f-1)).
What time will my Texas foreclosure auction start?
The notice of sale must state the earliest time the sale will begin. The sale must start at that time or within three hours after it, and all sales are held between 10 a.m. and 4 p.m. (Tex. Prop. Code § 51.002(a), (b), (c)).
Can a friend or relative bid on my home at a Texas foreclosure sale?
Yes, the sale is a public auction. The price is due without delay when the bid is accepted, unless the trustee agrees to a reasonable time (Tex. Prop. Code § 51.0075(f)). A winning bidder must also give the trustee identifying information, including a photo ID (Tex. Bus. & Com. Code § 22.004).
Step by step
More on foreclosure in Texas
Understand the process
What is happening and how much time there is.
Weigh your options
What can stop it, and what happens if it goes ahead.
Get help now
Who to call, and what to do when a sale is scheduled.
- Free foreclosure help
- A sale date is set (this page)
Free, official, nationwide
Free help anywhere in the country
HUD-approved housing counselors
Free foreclosure prevention counseling from agencies approved by the U.S. Department of Housing and Urban Development. A counselor can review your budget and deal with your servicer alongside you.
(800) 569-4287CFPB: help for struggling homeowners
Plain-language guides from the Consumer Financial Protection Bureau, and a complaint form if your mortgage servicer is not following the rules.
Legal Services Corporation: find legal aid
Find the free civil legal aid office for your county if you have been served with a foreclosure lawsuit or given a sale date and cannot afford a lawyer.
Sources for this page
- Texas Rules of Civil Procedure (current, Supreme Court of Texas), Rules 735 and 736
- Texas Business and Commerce Code Chapter 22 (public sale of residential real property under power of sale)
- S.B. 62, 88th Legislature (2023), enrolled: county website posting of notices of sale
- TexasLawHelp: Foreclosure Fact Sheet
- Texas State Affordable Housing Corporation: Foreclosure Prevention
- Texas Property Code Chapter 51 (liens and foreclosure sales)
- Texas Property Code Chapter 24 (forcible entry and detainer)
- Texas Business and Commerce Code Chapter 21 (foreclosure consulting services)
- Supreme Court of Texas, Misc. Docket No. 11-9256, final approval of Rules 735 and 736
- Texas State Law Library: Foreclosure guide
- Texas State Law Library: Foreclosure, Before the Sale
- Texas State Law Library: Foreclosure, After the Sale
- TDHCA: Homeowner Assistance Fund (HAF) Program