Texas · Non-judicial state · Tex. Prop. Code § 51.002

Most Texas mortgages never go to court. The trustee just sells the house.

The deed of trust you signed at closing already contains a power of sale. For an ordinary home loan there is no lawsuit and no judge: two notices in the mail and an auction on the courthouse steps. Home equity loans, HOA liens, most reverse mortgages and tax debts are the exceptions, and each of those goes through a court.

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Texas is one of the fastest states on this site: the state-law minimum for a mortgage is about 41 days, and ATTOM's Q2 2026 data had Texas at about 155 days on average, the shortest of any state that quarter. If anyone in the home is 65 or older, disabled, or a disabled veteran and this is a tax case, check that box: one affidavit can stop the whole thing.

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Step one

Make the call.

Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.

What to say

“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.

What to have ready

Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.

Write everything down

Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.

Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.

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Your rights depend on your state, your loan, and how far the case has gone.

What Texas gives you

Rights that exist because the property is in Texas, whatever a servicer tells you on the phone.

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Where to get real help, free

A housing counselor shaking hands with a homeowner at a kitchen table
A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Texas foreclosure attorney confirm anything that matters before you act.

Questions people ask about Texas foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Texas?

With no delays or disputes, a Texas foreclosure runs roughly 184 days from the first missed payment to the auction. State law alone requires only about 41 days (a 20-day notice of default plus a 21-day notice of sale), so most of the time comes from the federal rule barring any filing until the loan is more than 120 days delinquent.

Is Texas judicial or non-judicial?

Texas is a non-judicial foreclosure state. The deed of trust contains a power of sale, so a trustee may sell the property without filing a lawsuit. Home equity loans, most reverse mortgage foreclosures and homeowners association liens (unless the owner waives it in writing) are exceptions that require a court order first, and property tax foreclosures are lawsuits.

When are foreclosure sales held in Texas?

On the first Tuesday of the month, between 10 a.m. and 4 p.m., at the county courthouse. Bidding must begin within three hours of the time stated in the notice. If the first Tuesday falls on 1 January or 4 July, the sale moves to the first Wednesday.

Is there a right of redemption after a foreclosure in Texas?

Not on a mortgage. Texas gives no redemption after a trustee sale. Redemption exists only for tax sales (two years on a homestead or agricultural land, 180 days on other property, counted from when the buyer's deed is recorded), for homeowners association foreclosures at 180 days from the mailed notice of sale, and for condominium associations at 90 days from the sale.

Can a 65-year-old stop a property tax foreclosure in Texas?

Yes. Under Texas Tax Code 33.06 a homeowner who is 65 or older, disabled, or a disabled veteran may file a deferral affidavit that abates a pending suit and, if delivered by the fifth day before a scheduled sale, stops the sale, for as long as they own and live in the home. Interest continues at 5% a year. Texas Tax Code 33.06.

Last verified: October 18, 2026. Every deadline and citation on this page was checked against Texas law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.

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