- Who sends it
- The new owner who bought the home at the sale, or its attorney
- What it starts
- At least 3 days in most cases before an eviction case can be filed
- Do this first
- Note the date and how you got it, and decide today whether to move, negotiate or get legal help
What this document is in Texas
Texas Property Code section 24.002 treats a person still living in the home after a foreclosure as a tenant at will or by sufferance. The new owner's demand for possession must be in writing and follow section 24.005.
Section 24.005(b) requires at least three days' written notice to vacate before an eviction (forcible detainer) suit is filed, unless the parties agreed in writing to a shorter or longer period. Many deeds of trust have a clause about this, so check yours.
What it does and does not mean
- It is not an eviction order. Only a justice court judgment and a writ of possession served by an officer can remove you.
- You do not have to leave on the day of the sale.
- If you rent the home from the former owner and keep paying rent on time, the buyer must give a residential tenant at least 30 days' written notice to vacate if it chooses not to continue the lease (section 24.005(b)).
- TexasLawHelp notes that some lenders offer moving money to avoid an eviction, often called cash for keys.
How it can be delivered and how to count the days
- The notice must be delivered by mail (first class, registered, certified or a delivery service), left inside the home in a conspicuous place, handed to someone in the home who is 16 or older, or sent electronically if you agreed in writing (section 24.005(f-3)). If you actually receive it, the method does not matter.
- For time periods in eviction law, do not count the day of the event that starts the period, count every day including weekends and holidays, and if the last day falls on a weekend or holiday, it moves to the next day that is not (section 24.0042).
- When the period ends, the owner may file an eviction suit in the justice court for the precinct where the home is.
What to do this week
- Decide whether you can move. If you need more time, ask the new owner in writing and get any agreement in writing.
- If you think the sale broke the rules, talk to legal aid or a lawyer quickly. The justice court decides only who gets possession, not title, so a wrongful foreclosure claim has to be a separate case in another court (section 24.004(c)).
- Within 15 days after the sale, the lender or trustee may rescind it for reasons such as a cure before the sale or a bankruptcy stay (Property Code section 51.016). If one applies, contact them and a lawyer right away.
- Watch for an eviction citation. See the justice court eviction citation.
- Ask the trustee about any surplus money from the sale. See after a foreclosure sale in Texas and how to claim surplus funds in Texas.
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 many days does a Texas notice to vacate give me after foreclosure?
At least 3 days in most cases, unless your deed of trust or another written agreement sets a shorter or longer period (Property Code section 24.005(b)). Tenants who keep paying rent under a lease generally get at least 30 days.
Can the new owner change the locks after a Texas foreclosure?
The new owner must give you a written notice to vacate and then win an eviction suit in justice court. A writ of possession, served by an officer with a 24-hour warning posted on the door, is what allows removal (Property Code section 24.0061).
Does a Texas notice to vacate have to be mailed?
No. It can be mailed, left inside the home in a plain place, handed to someone 16 or older in the home, or sent electronically if you agreed in writing (Property Code section 24.005(f-3)).
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 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.
- 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.