What the notice is
The notice of sale is the document that officially schedules your home's foreclosure auction. Under Texas Property Code § 51.002, it must generally be given at least 21 days before the sale, and it must be:
- Sent to you by certified mail at your last known address,
- Filed with the county clerk, and
- Posted at the courthouse door (or the county's designated posting place).
The sale itself happens on the first Tuesday of the month, between 10 a.m. and 4 p.m., at the location your county has designated. The notice states the date, time, and place.
What it does not mean
- You still own your home until the auction actually happens.
- You don't have to move out on the notice date — any eviction is a separate process after a sale.
- The sale can sometimes be postponed or cancelled — for example, if you reach an agreement with your servicer. Only your servicer or a court can confirm that, so get any change in writing.
What you can still do
- Call your servicer. Ask about the sale status and any loss-mitigation options. Federal rules generally require your servicer to evaluate a complete loss-mitigation application submitted at least 37 days before the sale — but even inside that window, it's worth asking.
- Talk to a free HUD-approved housing counselor (1-800-569-4287) about applying for assistance.
- Consult a licensed Texas attorney — especially if the sale is close. Legal aid may be free if you qualify.
- Consider selling before the auction. If you have equity, selling — on the open market or to a cash buyer — may let you keep it. Compare the ways to sell.
If your sale is within days
Act today: call your servicer, call a housing counselor, and contact a Texas attorney or legal aid. If you request help through this site, flag your auction date — we prioritize requests with sales within 21 days — but don't wait on us, because submitting a request does not stop or postpone a sale.
Sources
- Texas Property Code § 51.002 — Sale of real property under contract lien
- 12 CFR § 1024.41 — Federal loss-mitigation rules (CFPB)
- TexasLawHelp.org — free legal information
Last reviewed: November 2026. Laws and programs change — check the sources for the current text.
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