The foreclosure process in Texas involves tight due dates and particular actions. To avoid foreclosure, talk to the lending institution about payment strategies, temporary forbearances, or loan modifications.

Page Sections

- When can a lender start foreclosure?

• How can I prevent foreclosure?
• What is loss mitigation?
• What is the foreclosure procedure?
• Can bankruptcy prevent foreclosure?
• Can I re-finance or offer my home to prevent foreclosure?
• Can I be sued for a deficiency?
• Can I remain in my home throughout foreclosure?
• Additional Resources
  
  When can a loan provider start foreclosure?
  
  Most loans from a bank should be 120 days delinquent before any foreclosure activity starts. However, smaller sized lending institutions can often start foreclosure even if you are only one day late.
  
  The loan provider is just needed to send you two notifications before a foreclosure sale.
  
  How can I avoid foreclosure?
  
  Talk with your loan provider about a payment strategy, a short-lived forbearance, or a loan adjustment. Pay what you can. If your payments are not accepted, conserve them until you can pay completely. For complimentary foreclosure prevention counseling, contact the HOPE ™ Hotline at 888-995-HOPE (4673) or see 995Hope. The earlier you make an application for assistance, the more rights and options you will have.
  
  What is loss mitigation?
  
  Loss mitigation refers to ways to prevent foreclosure. If you lag in payments, ask your loan provider for a loss mitigation application package.
  
  For most servicers, if your application is complete and received a minimum of 37 days before a scheduled sale, the lending institution must stop all foreclosure activities. If your lender begins foreclosure after you prompt submitted your complete application, you have a right to file a fit to stop the sale.
  
  You can also submit a grievance with Consumer Financial Protection Bureau at 855-411-2372 or online at Submit a Grievance. Keep a copy of your application, attachments, and evidence of shipment (such as a fax confirmation page or tracking number) to prove invoice by your lending institution. Your lending institution needs to likewise send you a letter informing you whether your application is total.
  
  Consumer laws, regulations, policies, and guidance are altering rapidly in 2025. Double-check any federal consumer-related information with main government sources, bearing in mind that those sources themselves might change rapidly. Talk with a legal representative for the current details.
  
  What is the foreclosure process?
  
  In Texas, foreclosure is typically a three-step procedure.
  
  ( Exception: If you have a home equity loan, home equity line of credit, a tax lien transfer loan, or owe evaluations to a house owner's association, a court order is generally needed before your residential or commercial property can be posted for sale. In some circumstances, an order is also required to foreclose on a reverse mortgage. A claim should be filed if a government entity is trying to foreclose, e.g. for residential or commercial property taxes, a condemned residential or commercial property, etc).
  
  Notice of Default (Demand Letter). By law, lenders and servicers are needed to send out a composed notification enabling you 20 days to "cure" (pay in full the amount owed) to bring the defaulted loan current. Some loans increase this period to one 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 take location. The 21 days start from the date the notification is mailed, not the date you get it. Failing to gather your certified mail will not stop or invalidate the foreclosure sale. The foreclosure notification is likewise published 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 monthly. Anyone might bid. After the auction, you do not have a right to purchase back your residential or commercial property from the new owner unless it is being offered by a federal government entity, a tax lender, or for nonpayment of house owner's association charges. There are time limits included, and in many cases, you must pay a redemption charge.
  
  
  Can insolvency avoid foreclosure?
  
  Declare bankruptcy will postpone foreclosure however will not erase your lien or allow you to remain in the home without making payments. Chapter 13 is a reorganization in which certain financial obligations are paid back with time, and the home can be conserved. Chapter 7 is a liquidation and might delay a foreclosure, but normally, it will not permit you to keep your house if you lag on payments.
  
  Can I re-finance or offer my home to prevent foreclosure?
  
  If you are behind in payments, refinancing is generally not a choice. You can offer if the sale proceeds would settle the mortgage and the expense of the sale.
  
  Can I be sued for a deficiency?
  
  Lenders rarely sue for a deficiency because of the time and expense included. If you are being taken legal action against for a deficiency, personal bankruptcy may be a good choice for you.
  
  Can I remain in my home during foreclosure?
  
  You do not need to move out on the sale date. If you are still residing in the home after a foreclosure, the new owner will have to evict you. You'll get a notice to abandon (normally offering 3 days' notice) before an expulsion is submitted. Some lenders will pay moving costs in order to avoid the time and expenditure of an eviction case (called "cash for secrets").
  
  Lone Star Legal Aid's Get Help If You Can't Pay Your Mortgage tool can assist you learn what actions you may take if dealing with foreclosure.
  
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  Related Forms
  
  Get Help If You Can't Pay Your Mortgage
  
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