Texas Foreclosure Timeline and Laws

Texas Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.

Foreclosures in Texas are conducted by non-judicial foreclosure. Judicial foreclosures may be conducted when there is no power of sale clause in the deed of trust. 

Notice Requirements for Foreclosure in Texas

The lender must send the borrower a letter requesting the payment of past due amounts which gives the borrower twenty (20) days to pay current, otherwise foreclosure proceedings will begin. After the 20 day notice above and at least twenty-one (21) days before any foreclosure sale, further notice of the foreclosure must be filed with the county clerk where the property is located, mailed to the borrower and other interested parties and posted at the county courthouse in the county where the property is located.

Texas Deficiency and Anti-Deficiency Laws

The lender may obtain a deficiency judgment if the property is sold at a public sale for less than the loan amount. The amount is limited to the difference of the fair market value and the loan balance owed.

Texas Redemption Rights

Texas has no post-sale statutory right of redemption.

Texas Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• Texas Foreclosure Avoidance Counseling -HUD
• The Home Affordable Mortgage Modification Program
• The Home Affordable Refinance Program
• The Home Affordable Foreclosure Alternatives Program
• FHA Secure
• Hope for Homeowners

Foreclosure Lawyer

Texas foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.