How foreclosure works in Texas

The notices you will receive in Texas, in order

1. Notice of Default

   Mailed by your mortgage servicer by certified mail, before any notice of sale

   It says you are in default and gives you at least 20 days to cure, meaning pay what is past due, before a sale can be noticed. Mailing counts as delivery, so not picking up the certified letter does not stop the clock. Call your servicer and a housing counselor the day it arrives.

   Tex. Prop. Code § 51.002(d), (e)

2. Rule 736 application and citation (home equity loans and reverse mortgages only)

   Mailed by the court clerk by first class and certified mail after your time to cure runs out

   For a home equity loan, home equity line of credit or reverse mortgage, the lender must ask a court for an order allowing foreclosure. The citation states your response deadline: the first Monday after 38 days from the date the clerk mailed it. A separate citation goes to the occupant of the home.

   Tex. R. Civ. P. 735.1, 736.1(c), 736.3

3. Rule 736 order

   Signed by the judge after a hearing, or by default if you file no response

   If you file a response, the court must hold a hearing 20 to 30 days after either side asks for one. If you do not respond, the lender can get a default order without appearing. The order cannot be appealed; any challenge has to be a separate lawsuit.

   Tex. R. Civ. P. 736.6, 736.7, 736.8

4. Notice of Sale (often called Notice of Trustee's Sale or Notice of Substitute Trustee's Sale)

   At least 21 days before the sale: mailed to you by certified mail, posted at the courthouse door and filed with the county clerk

   It gives the county and the earliest time the sale will begin, and it must list the name and a street address of the trustee or substitute trustee. It must also carry a bold notice about the rights of active duty service members and their spouses. The county must post it on its website with the date, time and place of the sale.

   Tex. Prop. Code §§ 51.002(b), (f-1), (i), 51.0075(e)

5. Trustee's sale

   First Tuesday of the month, between 10 a.m. and 4 p.m.

   The trustee auctions the home at the county courthouse or another spot the county commissioners have chosen. The sale must start at the time in the notice or within three hours after it. Anyone may bid, and the price is due right away unless the trustee agrees to a short delay.

   Tex. Prop. Code §§ 51.002(a), (c), (h), 51.0075(f)

6. Notice to vacate

   From the new owner after the sale, at least 3 days before an eviction case is filed in most cases

   You do not have to leave on the day of the sale. The new owner must give you a written demand to leave before it can file an eviction case. Your deed of trust may set a different notice period.

   Tex. Prop. Code §§ 24.002, 24.005(b)

7. Eviction petition and citation from the justice court

   Filed by the new owner after the notice to vacate runs out

   The case is heard by the justice court in the precinct where the home is. That court decides only who gets possession, not who owns the home. Read the papers right away, because a new 2026 law lets the owner ask for judgment without a trial unless you file a response within 4 days after you are served.

   Tex. Prop. Code §§ 24.004, 24.005106

The legal steps in Texas

1. Missed payments

   Federal rules generally stop your servicer from starting foreclosure until you are more than 120 days behind. Use this time to call your servicer and ask about options to catch up or change the loan.

   12 C.F.R. § 1024.41(f)

2. Notice of default and chance to cure

   The servicer must send you a letter by certified mail saying you are in default and giving you at least 20 days to cure before it can give notice of a sale. Your loan papers may give you more time.

   Tex. Prop. Code § 51.002(d)

3. Court order, for some loans only

   For a home equity loan, reverse mortgage and some other liens, the lender must first get a court order. You are mailed a citation, and your written response is due the first Monday after 38 days from the mailing date shown on the citation.

   Tex. R. Civ. P. 735, 736

4. Notice of sale

   At least 21 days before the sale, a notice of sale must be mailed to you by certified mail, posted at the courthouse door and filed with the county clerk. The county must also post it on its website.

   Tex. Prop. Code § 51.002(b), (f-1)

5. Foreclosure sale

   The home is sold at public auction between 10 a.m. and 4 p.m. on the first Tuesday of the month, at the county courthouse or another place the county has designated. The sale must begin at the time in the notice or within three hours after it.

   Tex. Prop. Code § 51.002(a), (c)

6. After the sale

   There is generally no right to buy the home back after a mortgage foreclosure sale. If you do not move out, the new owner must give you a written notice to vacate, at least three days unless your loan papers set a different period, and then file an eviction case in court.

   Tex. Prop. Code §§ 24.002, 24.005

Common questions in Texas