The foreclosure procedure in Texas involves tight due dates and particular actions. To avoid foreclosure, speak to the loan provider about payment plans, temporary forbearances, or loan modifications.

Page Sections

- When can a lender start foreclosure?

• How can I avoid foreclosure?
• What is loss mitigation?
• What is the foreclosure process?
• Can insolvency prevent foreclosure?
• Can I re-finance or offer my home to avoid foreclosure?
• Can I be taken legal action against for a shortage?
• Can I remain in my home throughout foreclosure? - Additional Resources
  
  When can a lending institution start foreclosure?
  
  Most loans from a bank must be 120 days delinquent before any foreclosure activity begins. However, smaller sized loan providers can often begin foreclosure even if you are only one day late.
  
  The lender is only needed to send you two notifications before a foreclosure sale.
  
  How can I avoid foreclosure?
  
  Talk with your lender about a payment strategy, a temporary forbearance, or a loan modification. Pay what you can. If your payments are not accepted, conserve them up until you can pay in complete. Free of charge foreclosure prevention therapy, get in touch with the HOPE ™ Hotline at 888-995-HOPE (4673) or go to 995Hope. The earlier you use for support, the more rights and alternatives you will have.
  
  What is loss mitigation?
  
  Loss mitigation describes ways to prevent foreclosure. If you lag in payments, ask your loan provider for a loss mitigation application package.
  
  For the majority of servicers, if your application is complete and received at least 37 days before a scheduled sale, the lending institution must stop all foreclosure activities. If your loan provider begins foreclosure after you prompt sent your total application, you have a right to submit a suit to stop the sale.
  
  You can likewise submit a problem with Consumer Financial Protection Bureau at 855-411-2372 or online at Submit a Problem. Keep a copy of your application, accessories, and proof of shipment (such as a fax confirmation page or tracking number) to prove receipt by your lender. Your lending institution must also send you a letter informing you whether your application is complete.
  
  Consumer laws, policies, policies, and guidance are altering rapidly in 2025. Double-check any federal consumer-related info with official federal government sources, bearing in mind that those sources themselves might change quickly. Speak to a legal representative for the current details.
  
  What is the foreclosure procedure?
  
  In Texas, foreclosure is usually a three-step process.
  
  ( Exception: If you have a home equity loan, home equity line of credit, a tax lien transfer loan, or owe assessments to a homeowner's association, a court order is usually required before your residential or commercial property can be published for sale. In some instances, an order is also needed to foreclose on a reverse mortgage. A claim needs to be filed if a government entity is attempting to foreclose, e.g. for residential or commercial property taxes, a condemned residential or commercial property, etc).
  
  Notice of Default (Demand Letter). By law, lending institutions and servicers are required to send a written notice allowing you 20 days to "cure" (pay in complete the amount owed) to bring the defaulted loan current. Some loans increase this duration to 1 month (most FHA, VA and home equity loans).
  
  
  Notice of Sale Filed, Posted, and Mailed. Next, the law requires a minimum of 21 days' composed notice of the date the (auction) is to occur. The 21 days start from the date the notification is mailed, not the date you get it. Failing to collect your qualified mail will not stop or invalidate the foreclosure sale. The foreclosure notification is likewise posted at the courthouse and filed with the county clerk.
  
  
  Foreclosure Sale. Foreclosure sales are held at the county courthouse on the very first Tuesday of every month. Anyone may bid. After the auction, you do not have a right to buy back your residential or commercial property from the brand-new owner unless it is being offered by a government entity, a tax lending institution, or for nonpayment of house owner's association charges. There are time limits involved, and sometimes, you should pay a redemption cost.
  
  
  Can insolvency prevent foreclosure?
  
  Filing for bankruptcy will delay foreclosure however will not erase your lien or allow you to stay in the home without making payments. Chapter 13 is a reorganization in which particular financial obligations are repaid gradually, and the home can be conserved. Chapter 7 is a liquidation and may delay a foreclosure, but generally, it will not allow you to keep your home if you are behind on payments.
  
  Can I re-finance or offer my home to avoid foreclosure?
  
  If you are behind in payments, refinancing is typically not a choice. You can offer if the sale proceeds would settle the mortgage and the expense of the sale.
  
  Can I be demanded a shortage?
  
  Lenders rarely sue for a shortage since of the time and expenditure included. If you are being taken legal action against for a deficiency, insolvency might be an excellent alternative for you.
  
  Can I remain in my home throughout foreclosure?
  
  You do not need to vacate on the sale date. If you are still living in the home after a foreclosure, the new owner will need to evict you. You'll get a notification to leave (normally offering 3 days' notification) before an eviction is submitted. Some lending institutions will pay moving costs in order to prevent the time and expense of an expulsion case (called "cash for secrets").
  
  Lone Star Legal Aid's Get Help If You Can't Pay Your Mortgage tool can help you learn what actions you might take if dealing with foreclosure.
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