Mortgage Foreclosure Guide (Texas)
If you’re behind on payments, you’re not alone. This resource helps you get your bearings quickly, understand common Texas foreclosure stages, and prioritize next steps that keep options open.
Quick orientation
Use the tool below to get a practical snapshot, then confirm using your notices.
Calendar cure windows and any sale date. Keep proof of submissions and calls.
Loss mitigation, reinstatement, selling, or other paths depend on how far along you are.
A simple folder + log often keeps more choices available, especially under time pressure.
If you only do 3 things today
Gather notices
Pull every letter/email from your servicer and trustee and keep them together.
Write down dates
Default notice, cure deadline, acceleration language, and any sale date you see.
Confirm your sale date
If one is listed, verify it with the trustee/servicer and keep proof (screenshots, names, dates).
Start here
- Open every letter and keep them together. Deadlines matter more than how you feel today.
- Write down your most important dates (default notice, acceleration, sale date if any).
- If you have a sale date, confirm it directly with your servicer/trustee and keep proof.
This page is for general education only and is not legal advice. Your deed of trust, servicer notices, and facts of your case control.
Foreclosure Stage Identifier (Texas)
Answer a few questions for a practical snapshot. This does not determine your exact legal status. Your deed of trust, servicer letters, and (if applicable) court filings matter.
Tip: If you have a sale date, confirm it directly with your servicer/trustee and keep proof (emails, screenshots, names, dates).
Ready when you are
Your result will appear here with:
- A likely stage
- What that stage often means (high-level)
- Common next steps to prioritize
Texas notice basics (high-level): Texas Property Code § 51.002 covers deed-of-trust foreclosure sale procedures and notice requirements. Many people reference the notice-of-sale window as at least 21 days in many non-judicial residential foreclosures, but deed of trust terms can require more. Primary statute: Texas Property Code § 51.002.
Texas timeline & checkpoints (high-level, with practical timing)
Foreclosure timelines vary by loan type, deed of trust language, servicer practices, and any court/bankruptcy activity. Use this as a planning guide — then confirm your real deadlines using your servicer letters and trustee notices.
0–30 days late
- Late fees may kick in (depends on your note/grace period).
- You’ll usually see calls/letters start quickly.
- Best move: start a simple log (date, who, what they said, next step).
30–60 days late
- Delinquency is more formally tracked.
- This is a strong window to ask about repayment plans/forbearance if you want to keep the home.
- Best move: begin gathering docs (income, statements, hardship summary).
60–120 days late
- Servicer pressure usually increases.
- Many borrowers start loss mitigation applications in this window.
- Best move: submit a complete package and keep proof of submission.
At ~120+ days delinquent
- Servicers are commonly restricted from starting foreclosure until a borrower is more than 120 days delinquent (certain exceptions can apply).
- Default/“intent to accelerate” and sale planning can start showing up depending on your file.
- Best move: open every notice immediately and calendar deadlines.
Default notice / cure window
- Deeds of trust often require a notice of default and time to cure before acceleration.
- Cure windows are commonly referenced as at least ~20 days for certain notices, but wording and facts matter.
- Best move: calendar the cure deadline and document every submission.
Notice of sale window
- Texas Property Code § 51.002 is commonly cited for the sale notice window (often discussed as 21+ days before the sale for many non-judicial sales).
- Sales are commonly on the first Tuesday of the month within statutory hours (with limited exceptions).
- Best move: if you’re selling, you need a realistic closing plan before that sale date.
More about what to do when facing foreclosure in Texas → Read the full guide
Your options (high-level)
There isn’t one “right” path — options depend on timing, equity, hardship, and whether you want to keep the home. This section is designed to help you compare common routes and the key tradeoffs.
Reinstate (catch up to stop foreclosure)
Some homeowners can stop the process by paying the past-due amount plus fees to bring the loan current. Ask your servicer for a written reinstatement quote and a deadline.
Best when: you can catch upLoss mitigation (repayment plan, forbearance, modification)
These options can reduce or restructure payments depending on your situation. It often requires documents and follow-up to confirm what’s “complete” and what’s still missing.
Best when: you want to keep the homeSell on the open market (traditional listing)
If there’s time and the home can be shown, listing can be a strong option when you have equity. Timing is the risk — a scheduled sale date can make closing before the auction difficult.
Best when: you have time + equitySell directly (as-is)
A direct sale can be simpler when repairs, showings, or tight timelines make listing unrealistic. The key is having a credible closing plan before any sale date.
Best when: speed + simplicity matterBankruptcy or legal guidance
Some homeowners explore legal options depending on their circumstances. If you’re considering this route, speak with a qualified professional quickly, especially when deadlines are tight.
Best when: you need protections fastDo nothing (not recommended)
Avoiding the mail often closes doors. Even if you’re not sure what you’ll do yet, organizing documents and confirming dates tends to preserve options.
Best move: take one step todayWhat to gather (documents & info)
Whether you pursue loss mitigation or selling, having the right documents ready reduces delays. Use this as a checklist and keep digital copies if possible.
Servicer + trustee notices
- Notice of default / right to cure (if any)
- Acceleration notice (if any)
- Notice of sale (if any)
- Any payment demand / reinstatement quotes
Loan basics
- Loan number and servicer contact info
- Monthly payment breakdown (PITI)
- Escrow statements (if available)
- Any hardship explanation notes
Income & expenses
- Recent paystubs or income proof
- Bank statements (recent months)
- Monthly budget list
- Any proof of hardship (if relevant)
Property + title items
- Current mortgage statement
- HOA statements (if applicable)
- Insurance info
- Any liens/letters you’ve received
If you plan to sell
- Rough repair list (what you know is needed)
- Any recent quotes or invoices
- Occupancy status (vacant / tenant / owner)
- Preferred timeline (ideal and latest possible)
Communication log
- Date/time of calls
- Name/department of person you spoke with
- What they asked for + your next step
- Proof of submissions (screenshots, email receipts)
FAQs
How much notice is required for a foreclosure sale in Texas?
Texas Property Code § 51.002 covers notice and procedure requirements for many deed-of-trust (non-judicial) foreclosure sales. Many people reference the notice-of-sale window as at least 21 days in many non-judicial residential foreclosures, though deed of trust terms can require more. Primary statute: Texas Property Code § 51.002.
Are foreclosure auctions really on the first Tuesday?
Many Texas non-judicial foreclosure sales are held on the first Tuesday of the month within the statutory sale window (with limited exceptions). Reference: Texas State Law Library — The Sale.
What does “acceleration” mean?
“Acceleration” typically means the servicer is declaring the full balance due under the note (wording varies). It often signals a later stage where timelines become more time-sensitive.
What is “loss mitigation” and why does a “complete application” matter?
Loss mitigation includes options like repayment plans, forbearance, and modifications. Federal servicing rules describe how servicers treat loss mitigation applications. See: CFPB Regulation X — § 1024.41.
Where can I get unbiased help?
Start with a HUD-approved housing counselor: CFPB counselor finder. HUD also provides foreclosure-avoidance resources: HUD — Avoiding foreclosure.
Sources & references
- Texas Property Code § 51.002 (foreclosure sale procedures and notices): Texas Property Code § 51.002
- Texas State Law Library — Foreclosure guide: SLL Foreclosure Guide
- Texas State Law Library — The Sale: SLL The Sale
- CFPB — Regulation X (loss mitigation procedures): CFPB 1024.41
- HUD — Avoiding foreclosure: HUD resources
This page is educational only and not legal advice. If you’re unsure about your rights or deadlines, consider speaking with a HUD-approved counselor or qualified professional.
Talk to us (if selling is the right fit)
If listing feels unrealistic due to repairs, showings, tenants, or a tight timeline, we may be able to help you explore an as-is sale. No pressure — this is simply a way to see what’s possible based on your timeline.
Tip: If you have a sale date, include it. It helps us tell you what is realistically possible time-wise.
