- Who sends it
- The court clerk, by first class and certified mail, with the lender's application attached
- What it starts
- Your time to file a response: the first Monday after 38 days from the mailing date
- Do this first
- Find the mailing date on the citation, count 38 days, then go to the next Monday and mark it
What this document is in Texas
The Texas Constitution says a home equity loan must be secured by a lien that can be foreclosed only by a court order (article XVI, section 50(a)(6)(D)). Texas Rules of Civil Procedure 735 and 736 set up a fast process for that order. It also covers home equity lines of credit, some reverse mortgage foreclosures, property tax loans and some property owners' association assessment liens.
The lender files an application styled "In re: Order for Foreclosure Concerning [your address] under Tex. R. Civ. P. 736." It can be filed only after your time to cure has run out. It must list the number of unpaid payments, the amount to cure and, if it applies, the payoff amount, and attach the loan papers and the notices that were mailed to you.
The clerk issues a separate citation for each borrower and one more addressed to "Occupant" at the home, and mails each by both first class and certified mail (Rule 736.3).
What it does and does not mean
- It is not a judgment that you owe money, and it is not a sale date. The only question is whether the lender may go ahead with foreclosure under the law and your loan papers (Rule 735.2).
- A Texas home equity loan must be without recourse for personal liability unless it was obtained by actual fraud, so the lender's remedy is the home, not a judgment against you. See deficiency judgments in Texas.
- No discovery is allowed, and you cannot bring counterclaims in this case. The court must strike them (Rules 736.4 and 736.5(d)).
- If the court signs an order, the lender still has to give a notice of sale at least 21 days before a first Tuesday auction.
- An order cannot be appealed. Any challenge must be a separate lawsuit (Rule 736.8(c)).
Your response deadline and how to count it
- The citation must state the date the clerk put it in the mail. Your response is due the first Monday after 38 days have passed from that date (Rule 736.5(b)).
- Example: if the clerk mailed it on Monday, November 2, 2026, day 38 is Thursday, December 10, so the response is due Monday, December 14, 2026. Ask the clerk to confirm your date.
- If no response is filed, the lender can file a motion for a default order. The court must grant it within 30 days if the papers are in order, and the return of service must have been on file at least 10 days (Rule 736.7). The lender does not have to appear.
- If a response is filed, the court must hold a hearing, no earlier than 20 and no later than 30 days after either side asks for one (Rule 736.6).
What a response can say, and other ways to pause the case
- A response must be signed and can be a general denial, but it must explain why you did not sign a loan document, why you are not obligated to pay, why the months in default or the cure or payoff amounts are materially wrong, or why an attached document is not a true copy, or show proof of payment (Rule 736.5(c)).
- Filing your own separate lawsuit about how the loan was made, serviced or enforced, before 5:00 p.m. on the Monday before the scheduled sale, automatically stays the Rule 736 case or order. You must promptly tell the lender's attorney and the trustee, and within 10 days file a motion to dismiss or vacate in the Rule 736 case (Rule 736.11). A sale held during that stay is void.
- If you file bankruptcy before an order is signed and give the clerk proof, the case must be paused while the automatic stay lasts (Rule 736.10).
- These steps have real costs and risks. Talk to legal aid or a licensed attorney before you file.
What to do this week
- Read the whole application. Check the number of missed payments and the cure and payoff amounts against your records.
- Mark your response deadline and contact legal aid through the TexasLawHelp Legal Help Directory right away. The State Bar of Texas Lawyer Referral and Information Service can refer you to a private lawyer.
- Keep working with your servicer. Send a complete loss mitigation application and keep proof of delivery.
- Read the Texas State Law Library foreclosure guide and how to stop a foreclosure 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
When is my response due in a Texas Rule 736 case?
The first Monday after 38 days from the date the clerk put the citation in the mail, as stated on the citation (Tex. R. Civ. P. 736.5(b)). Count calendar days from that mailing date, then go to the next Monday.
What happens if I do not respond to a Texas Rule 736 citation?
The lender can file a motion for a default order, and the court must grant it within 30 days if the application meets the rule and was properly served (Rule 736.7). No hearing is held. The lender can then give notice of sale.
Does a Texas reverse mortgage always need a Rule 736 order?
Not always. The Texas Constitution requires a court order to foreclose a reverse mortgage except when the ground is that all borrowers have died or the home was sold or transferred (article XVI, section 50(k)(6), (11)). Ask legal aid which applies to you.
Can I appeal a Texas Rule 736 order?
No. An order granting or denying the application cannot be appealed or challenged by motion for new trial (Rule 736.8(c)). A challenge must be a separate lawsuit, and the order has no effect in any other case (Rule 736.9).
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.
- 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.