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Texas · What this letter means

Texas foreclosure letters and notices

The papers Texas homeowners receive, in the order they usually arrive. Each page uses the name on the Texas document, explains the deadline it starts under Texas law, and lists what to do this week.

  1. Step 1

    Notice of Default

    In Texas, the first required foreclosure letter is a notice of default sent by certified mail. It gives you at least 20 days to cure (pay what is past due) before a notice of sale can be given. The clock starts when the letter is mailed, not when you pick it up.

    What it means
  2. Step 2

    Citation in a Rule 736 expedited foreclosure case

    For a Texas home equity loan, the lender needs a court order before it can sell. It asks for one in a fast Rule 736 case, and the court clerk mails you a citation. Your response is due the first Monday after 38 days from the mailing date on the citation. If you do not respond, the lender can get an order without a hearing.

    What it means
  3. Step 3

    Notice of sale (Notice of Trustee's Sale or Notice of Substitute Trustee's Sale)

    A Texas notice of sale says your home will be auctioned on the first Tuesday of a month, at a time and place it names. It must be mailed to you by certified mail, posted at the courthouse door and filed with the county clerk at least 21 days before the sale. Time is short, and the sale is usually final when it happens.

    What it means
  4. Step 4

    Notice to vacate after a foreclosure sale

    After a Texas foreclosure sale, the new owner must give you a written notice to vacate before it can file an eviction case. It is usually at least 3 days, unless your deed of trust sets a different period. It is not a court order, and you cannot be removed without one.

    What it means
  5. Step 5

    Citation in a suit to evict (justice court)

    If you stay after the notice to vacate, the new owner can file an eviction suit in justice court. A sheriff or constable serves you a citation that sets a trial date 10 to 21 days after filing. If the owner also asked for summary disposition, you have only until the 4th day after service to file a response, or the court can rule without a trial.

    What it means

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