- Who sends it
- Your mortgage servicer, by certified mail
- What it starts
- At least 20 days to cure before a notice of sale can be given
- Do this first
- Find the mailing date, count 20 days, and ask the servicer in writing for the exact amount to cure
What this document is in Texas
Texas Property Code section 51.002(d) says that, no matter what your loan papers say, the mortgage servicer must send a debtor in default on a home the debtor lives in a written notice by certified mail. It must say you are in default and give you at least 20 days to cure before notice of sale can be given. The Texas State Law Library says this letter is often called a notice of default, and TexasLawHelp calls it a notice of default or demand letter.
The notice must state the name and address of the sender. It must also include a bold or underlined statement asking you to send written notice right away if you or your spouse is on active military duty, including the National Guard or reserves (Property Code section 51.002(i)).
It is mailed to your last known address. For a loan on your home, that means the home's address unless you gave the servicer a written change of address before the notice was mailed (Property Code section 51.0001(2)).
What it does and does not mean
- It does not mean a sale date is set. A separate notice of sale must come at least 21 days before any auction.
- It is one of only two letters Texas law requires before a power of sale foreclosure, so it matters. Texas moves fast.
- Your loan papers may give you more time. TexasLawHelp says most FHA, VA and home equity loans allow 30 days.
- If you have a home equity loan, the lender also needs a court order before it can sell. See the Rule 736 citation.
- If you send your servicer a complete loss mitigation application more than 37 days before a sale, federal rules require a review and bar the sale while it runs.
The 20-day deadline and how to count it
- Service is complete when the letter is deposited in the mail, postage prepaid, to your last known address (Property Code section 51.002(e)). Not picking up certified mail does not stop the clock.
- The whole calendar day the notice is given counts as day 1. The day the notice of sale is given does not count (Property Code section 51.002(d)).
- Example: if the notice is mailed on Monday, November 2, 2026, day 20 is Saturday, November 21, so a notice of sale could be given on November 22 at the earliest. Count every calendar day, including weekends.
- After the cure period ends, any right to catch up and stop the sale depends on your loan papers and your servicer, not on a Texas statute.
What to do this week
- Write the mailing date from the envelope or the letter on a calendar and count 20 days.
- Ask the servicer in writing for the exact amount to cure, how to pay it, and the last day. Keep a copy.
- If you cannot pay it all, ask for a loss mitigation application right away and send every document it asks for.
- If you or your spouse is on active duty, send the sender written notice of the military service now, and keep a copy.
- If you moved, send the servicer a written change of address. Texas law requires you to keep it current.
- Call a free HUD-approved housing counselor at (800) 569-4287, and find free legal aid through the TexasLawHelp Legal Help Directory. See how to stop a foreclosure in Texas.
Scam warnings
- Texas law bars a foreclosure consultant from collecting a fee before every promised service is done unless it has posted a surety bond, and you may cancel the contract at any time (Business and Commerce Code chapter 21).
- Never sign your deed over to someone who promises you can stay and buy it back later.
- Report problems through the Texas Attorney General's consumer complaint page. See Texas foreclosure help.
The rest of the Texas process
See how foreclosure works in Texas, the timeline, ways to stop it and free help in Texas, or read the national guide to this letter.
Common questions
How long do I have after a Texas notice of default?
At least 20 days to cure, counting the day the letter was mailed as day 1 (Property Code section 51.002(d)). Your loan papers may give you more. After that, the servicer can give a notice of sale at least 21 days before a first Tuesday auction.
I never signed for the certified letter. Does the Texas clock still run?
Yes. Service is complete when the notice is deposited in the mail to your last known address (Property Code section 51.002(e)). TexasLawHelp also says failing to collect certified mail does not stop the foreclosure.
Can I stop a Texas foreclosure by paying after the 20 days?
Possibly, but Texas law does not require the servicer to accept it. Ask in writing for a reinstatement figure and deadline. If you cure before the sale and the sale still happens, the lender or trustee may rescind it within 15 days, though that is their choice (Property Code section 51.016).
Other Texas letters
- Citation in a Rule 736 expedited foreclosure caseFor 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.
- 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.
- Notice to vacate after a foreclosure saleAfter 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.
- 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.