Understanding your notice

Got a Texas notice of sale? Here's what it means.

A notice of sale sets the auction date for your home. It's serious — but it isn't the sale itself, and you still have options.

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

  1. 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.
  2. Talk to a free HUD-approved housing counselor (1-800-569-4287) about applying for assistance.
  3. Consult a licensed Texas attorney — especially if the sale is close. Legal aid may be free if you qualify.
  4. 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.

Education, not legal advice. We share general information and referrals. We are not attorneys, and no one can guarantee a foreclosure will be postponed or stopped. Submitting a request on this site does not stop or postpone a foreclosure.

Sources

Last reviewed: November 2026. Laws and programs change — check the sources for the current text.

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