How foreclosure usually works in Texas
Most Texas home loans are foreclosed non-judicially, meaning the lender usually doesn't have to sue you first. In broad strokes: after missed payments, the servicer must generally send a notice of default giving at least 20 days to catch up, then — if the default isn't cured — a notice of sale at least 21 days before the auction. Sales happen on the first Tuesday of the month, between 10 a.m. and 4 p.m., at a place designated by the county.
Federal rules add a cushion at the start: a servicer generally can't make the first foreclosure notice or filing until your loan is more than 120 days behind. That window is often the best time to act.
Options homeowners commonly explore
- Servicer assistance (loss mitigation). Repayment plans, forbearance, or a loan modification. Start by calling the number on your mortgage statement.
- Free housing counseling. HUD-approved counselors help you understand and apply for assistance at no cost.
- Legal help. A licensed Texas attorney can review your rights; legal aid organizations help qualifying homeowners for free.
- Selling. Some homeowners sell before the auction — on the open market or to a cash buyer — to protect their equity. It's one option, never a requirement.
What to do this week
- Open every letter from your servicer and note any dates and deadlines.
- Call your servicer and ask what loss-mitigation options you can apply for.
- Talk to a free HUD-approved housing counselor (1-800-569-4287).
- If a sale is already scheduled, speak with a licensed Texas attorney promptly.
Watch out for scams
Foreclosure filings are public record, so homeowners in foreclosure get a flood of letters and calls. Be careful with anyone who asks for an upfront fee, tells you to stop paying your servicer, or asks you to sign over your deed. HUD's foreclosure guidance lists the warning signs — hold anyone you talk to, including us, to that standard.
How this site fits in
Save My Texas Home is a privately operated education and referral resource run by The Santos Home Group, a Texas real estate team affiliated with HomeSmart. We explain the process, share free resources, and — only if you ask — discuss selling options. Requesting help here never requires you to list or sell your home.
Sources
- Texas Property Code § 51.002 — Sale of real property under contract lien
- 12 CFR § 1024.41 — Federal loss-mitigation rules (CFPB)
- HUD — Avoiding foreclosure
Last reviewed: November 2026. Laws and programs change — check the sources for the current text.
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