- Who sends it
- The trustee or substitute trustee, by certified mail, courthouse posting and county clerk filing
- What it starts
- A countdown of at least 21 days to a first Tuesday auction
- Do this first
- Call the trustee named on the notice and your servicer today
What this document is in Texas
Texas Property Code section 51.002(b) calls it notice of the sale. The Texas State Law Library says it may also be titled Notice of Trustee's Sale or Notice of Substitute Trustee's Sale. A substitute trustee is the person or company the lender or servicer appointed to run the sale (Property Code section 51.0075(c)).
The notice must say the county where the home will be sold and the earliest time the sale will begin. It must give the name and a street address for the trustee or substitute trustee (section 51.0075(e)) and include the bold or underlined statement about active duty military service (section 51.002(i)).
It can be given only after your 20-day cure period from the notice of default has ended. For a home equity loan, it comes after the court signs a Rule 736 order.
What it does and does not mean
- It does not mean you must move. After a sale, the new owner must give you a notice to vacate and win an eviction case.
- Sales are public auctions between 10 a.m. and 4 p.m. on the first Tuesday of a month, at the county courthouse area the commissioners court chose. If the first Tuesday is January 1 or July 4, the sale is on the first Wednesday (Property Code section 51.002(a), (a-1)).
- The sale must begin at the time in the notice or within 3 hours after it (section 51.002(c)).
- Texas has no right to buy the home back after an ordinary mortgage foreclosure sale.
- Texas law has no process for moving a sale to another day. If the sale does not happen, look for a new notice of sale for a later month.
The 21-day rule and how to count it
- Notice must be given at least 21 days before the sale. The day the notice is given counts as day 1, and the sale day does not count (Property Code section 51.002(b), (g)).
- Mailed notice is complete when it is deposited in the mail to your last known address, so the 21 days run from mailing, not from when you got it (section 51.002(e)).
- Example: for a sale on Tuesday, January 5, 2027, notice must be given by Tuesday, December 15, 2026.
- More than 37 days before the sale: a complete loss mitigation application must be reviewed under federal rules, and the sale cannot be held during that review. TexasLawHelp says if the lender goes ahead anyway, you have a right to sue to stop the sale.
- Home equity loans: a separate lawsuit about the loan filed before 5:00 p.m. on the Monday before the sale automatically stays the Rule 736 order (Tex. R. Civ. P. 736.11).
What to do today
- Call the trustee or substitute trustee at the name and address on the notice to confirm the date, and ask your servicer whether the sale can be called off while you are reviewed. Get any agreement in writing.
- Check your county's website. Each county must post filed notices of sale with the date, time and location, free and without registration (Property Code section 51.002(f-1)).
- Ask the servicer in writing for a reinstatement and payoff amount and how to pay before the sale.
- Check the notice for problems: certified mailing, 21 days, trustee name and street address, and the military statement. A lawyer may be able to use a missed step.
- Contact legal aid through the TexasLawHelp Legal Help Directory or a lawyer through the State Bar of Texas Lawyer Referral and Information Service. Bankruptcy generally stops a sale; talk to a licensed bankruptcy attorney first.
- Read how to stop a foreclosure in Texas and after a foreclosure sale in Texas.
Scams tied to a sale notice
- Sale notices are public on county websites, so expect calls and letters. Do not pay anyone up front to stop the sale. A Texas foreclosure consultant cannot collect a fee before the work is done unless it has posted a surety bond (Business and Commerce Code chapter 21).
- Never sign your deed over to someone who promises you can stay and buy the home back.
- If someone later offers to recover your surplus funds for a percentage, read how to claim surplus funds in Texas first.
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 much notice do I get before a Texas foreclosure sale?
At least 21 days. The notice must be mailed to you by certified mail, posted at the courthouse door and filed with the county clerk (Property Code section 51.002(b)). The day the notice is given counts and the sale day does not.
What is a substitute trustee in Texas?
The person or company the lender or servicer appointed to replace the original trustee and run the sale (Property Code section 51.0075(c)). Texas law says a trustee or substitute trustee is not a debt collector, and its name and street address must be on the notice.
Where can I see my Texas foreclosure sale notice online?
On your county's website. Since 2023, each county must prominently post filed notices of sale with the date, time and location, free and without registration (Property Code section 51.002(f-1)). The county clerk also keeps them in a public file.
Can a Texas foreclosure sale be undone?
Only in limited cases. Within 15 days after the sale, the lender or trustee may rescind it, for example if the notice rules were not met, you cured before the sale, or a bankruptcy stay was in effect (Property Code section 51.016). It is their choice, not a right you can demand.
Other Texas letters
- Notice of DefaultIn 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.
- 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 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.