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

Texas never goes to court. It just sells the house.

The deed of trust you signed at closing already contains a power of sale. No lawsuit, no judge, nobody checking the paperwork — two notices in the mail and an auction on the courthouse steps. If you want a judge involved here, you are the one who has to go and get one.

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Each is a different statute.

When you first fell behind.

Local pace is the variable.

Past steps fade out.

FHA and VA add steps.

Texas homestead has no dollar cap.

Anything else true

Texas moves faster than any other state on this site. 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.

What Florida gives you

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

Free, today, no catch

Where to get real help, free

Regional legal aid programmes take foreclosure cases at no cost if you qualify by income. Start at FloridaLawHelp.org, which routes you to the programme covering your county.

HUD-approved housing counsellors are free everywhere in the state — 1-800-569-4287. Several circuits also run residential foreclosure mediation; ask the clerk 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

Verified 8 September 2026 against the 2025 Florida Statutes and the Rules of Civil Procedure. That audit corrected ten items, including a dead citation for the deficiency limitation period, the wrong authority for the writ of possession, and a surplus claim deadline repealed in 2019. Statute text was verified; appellate case law was not, and two items — the paragraph 22 defence and current circuit mediation programmes — rest partly on secondary sources and should be confirmed by a Florida attorney before launch.

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?

A typical Texas foreclosure runs roughly 219 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, reverse mortgages and homeowners association liens are exceptions that require a court order first.

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, 180 days otherwise — for homeowners association foreclosures at 180 days, and for condominium associations at 90 days.

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 halts a scheduled sale for as long as they live in the home. Interest continues at 5% a year.