How does foreclosure work in Texas, and how long does it take?

Two kinds of foreclosure

Nonjudicial (the usual case). A Texas mortgage is normally a deed of trust with a power of sale. Chapter 51 lets the trustee sell the home at auction without a lawsuit, if the notice rules are followed.

Court-ordered (home equity loans and some other liens). The Texas Constitution, art. XVI, § 50(a)(6)(D), says a home equity loan on a homestead must be “secured by a lien that may be foreclosed upon only by a court order.” Rule 735 of the Texas Rules of Civil Procedure also covers reverse mortgages, home equity lines of credit, property tax loans and HOA assessment liens. The lender can sue for judicial foreclosure or use the faster Rule 736 expedited order, then sell the home under the deed of trust.

The steps, in order

1. Missed payments. Under federal mortgage servicing rules, “your servicer can’t start the foreclosure process until at least 120 days after you become delinquent,” except in rare cases (CFPB).
2. Notice of default. For a home used as the borrower’s residence, the servicer must send a notice by certified mail saying the borrower is in default and giving at least 20 days to cure before any notice of sale (§ 51.002(d)).
3. Notice of sale. At least 21 days before the sale, the notice must be posted at the courthouse door, filed with the county clerk, and sent by certified mail to each debtor (§ 51.002(b)). The county must also post it on its website (§ 51.002(f-1)).
4. The sale. A public auction between 10 a.m. and 4 p.m. on the first Tuesday of the month, at the place at or near the county courthouse designated by the commissioners court (§ 51.002(a), (h)). If the first Tuesday is January 1 or July 4, the sale moves to the first Wednesday (§ 51.002(a-1)).
5. Possible rescission. Within 15 calendar days after the sale, the lender or trustee may rescind it for listed reasons, such as a default cured before the sale (§ 51.016).
6. Eviction. If the former owner stays, the new owner must use an eviction suit (forcible detainer) under Property Code chapter 24, which begins with a written notice to vacate.

How long does it take?

Example: a Houston homeowner misses the payment due March 1, 2026. The loan is 120 days delinquent on June 29, 2026. If the 20-day cure notice was sent earlier and has expired, a notice of sale filed July 1 satisfies the 21-day rule for any sale on or after July 22. The next first Tuesday is August 4, 2026: about five months after the first missed payment. That is a legal minimum. A pending loss mitigation application, a bankruptcy filing or military service can push it back.

Can you get the house back after the sale?

For an ordinary mortgage foreclosure under § 51.002, chapter 51 gives the former owner no right to redeem (buy back) the home after the sale. Its only post-sale remedy is the lender’s or trustee’s own power to rescind within 15 days (§ 51.016). A buyer at the auction takes the property “as is,” at the buyer’s own risk (§ 51.009).

The exception is a foreclosure by a homeowners’ association for unpaid assessments. Section 209.011 lets the owner redeem the property within 180 days after the association mails notice of the sale. An HOA must also obtain a court order before foreclosing, unless the owner waives it in writing (§ 209.0092).

Deficiency judgments

If the home sells for less than the loan balance, the lender may sue for the difference, but within two years of the sale (§ 51.003(a)). The borrower can ask the court to set the home’s fair market value at the sale date. If that value is higher than the auction price, the deficiency is reduced by the gap (§ 51.003(b)-(c)).

A home equity loan is different. The Constitution requires it to be “without recourse for personal liability” against the owner and spouse, unless they obtained the loan by actual fraud (art. XVI, § 50(a)(6)(C)). The lender’s recovery is limited to the home.

Protections for service members

Under § 51.015, a home owned by a service member, on a debt taken out before active duty began, cannot be sold during active duty or for nine months afterward. The exceptions are a court order or a valid written waiver.

Where to get help

• HUD-approved housing counselors: HUD “funds free or very low-cost housing counseling nationwide.” Call (800) 569-4287 to find one near you, or the Homeowners Hope Hotline at (888) 995-HOPE.
• Apply to your servicer early: the CFPB says to make sure the servicer receives your complete application “more than 37 days before your scheduled foreclosure sale.”
• Avoid “rescue” offers: HUD warns that a firm promising a quick fix may have you “signing over the title to your property and becoming a renter in your own home.”

Related: property tax and the escrow account.