Navigating the Texas foreclosure procedure can feel overwhelming when you're stressed over losing your home. But lenders have to follow federal and Texas foreclosure laws, and these laws include essential foreclosure notice requirements created to give you fair warning before they take any action or offer your home at a foreclosure sale. If you've gotten a foreclosure notification or are simply worried about what happens if you fall behind on your mortgage payments, you need to find out about your rights and the steps you can take to stop a foreclosure.

This guide breaks down what happens throughout the Texas foreclosure process, describes what each notice suggests, and outlines your options to prevent foreclosure. With this understanding, you can make smart, positive decisions for your home and your household. You'll likewise have the ability to make the many of your circumstance and, ideally, exercise a way to conserve your home or a minimum of survive the process with as little anxiety as possible.
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What Are My Rights During Foreclosure in Texas?
When Can a Foreclosure Start in Texas?
What Types of Foreclosure Are Available in Texas?
For How Long Does Foreclosure Take in Texas?
Texas Foreclosure Timeline and Steps
How to Stop Foreclosure in Texas
Can I Get My House Back After a Texas Foreclosure?
Are Deficiency Judgments Allowed in Texas?
Texas Foreclosure Process for Home Equity Loans Is Different
Get More Foreclosure Help and Information
What Are My Rights During Foreclosure in Texas?

Under federal law, the servicer generally can't officially start a foreclosure up until you're more than 120 days overdue on payments.

Before the foreclosure crisis, federal and state laws regulating mortgage servicers and foreclosure treatments were fairly restricted and tended to prefer foreclosing loan providers. However, federal and state laws now heavily control loan servicing and foreclosure processes. The majority of the laws provide protections to customers. Servicers generally have to supply customers with loss mitigation opportunities, represent each foreclosure step, and strictly abide by foreclosure laws.

Also, the majority of people who take out a loan to purchase a domestic home in Texas sign a promissory note and a deed of trust. These documents provide property owners contractual rights, such as the right to a preforeclosure notification called a "breach letter."

In a Texas foreclosure, you also have the right to receive particular foreclosure notifications throughout the procedure, get present on the loan to stop the foreclosure sale, receive unique protections if you're in the military, and get any excess money after a foreclosure sale, amongst other things.

When Can a Foreclosure Start in Texas?

Under federal law, the servicer usually can't formally start a foreclosure till you're more than 120 days overdue on payments, subject to a few exceptions. (12 C.F.R. § 1024.41 (2025 ).) This 120-day preforeclosure duration provides most property owners a lot of time to make an application for loss mitigation with their loan servicer.

What Kinds of Foreclosure Are Available in Texas?

If you default on your mortgage payments in Texas, the loan provider may foreclose utilizing a judicial or nonjudicial technique.

How Judicial Foreclosures Work

A judicial foreclosure begins when the loan provider submits a suit asking a court for an order enabling a foreclosure sale. If you do not respond with a composed answer, the loan provider will immediately win the case. But if you select to safeguard the foreclosure lawsuit, the court will evaluate the evidence and determine the winner. If the lender wins, the judge will enter a judgment and order your home cost auction.

How Nonjudicial Foreclosures Work

If the lending institution selects a nonjudicial foreclosure, it should finish the out-of-court treatments described in the state statutes. After doing so, the loan provider can sell the home at a foreclosure sale.

Most lending institutions select the nonjudicial process because it's quicker and cheaper than prosecuting the matter in court.

The Length Of Time Does Foreclosure Take in Texas?

The nonjudicial foreclosure process, from the Notice of Default and Intent to Accelerate (see below) to the foreclosure auction, can take as little as 41 to around 90 days. However, including the 120-day preforeclosure delinquency duration, the entire process might take around 6 or 7 months in overall, though it can be shorter in some cases.

Texas Foreclosure Timeline and Steps

Again, most residential foreclosures in Texas are nonjudicial. Here's how the process works.

Notice of Default and Intent to Accelerate in a Texas Foreclosure

Texas law needs the servicer to send you (the borrower) a notification of default and intent to accelerate by licensed mail that provides a minimum of 20 days to treat the default before a notice of sale can be offered. The 30-day breach letter sent pursuant to the regards to the deed of trust can please this requirement. (Tex. Prop. Code § 51.002 (d)

( 2025).) The notification is sent out to the debtor's last known address and need to include the quantity due and the date it has to be paid.

Under Texas law, the statute of limitations for a judicial or nonjudicial foreclosure is four years, beginning the day after the cause of action accrues. (Tex. Civ. Prac. & Rem. Code § 16.035 (a), (b),( d)( 2025 ).) Generally, the accrual date is the loan's maturity date. But if the mortgage loan consists of a velocity stipulation, the statute of limitations starts at the time of acceleration. (Tex. Civ. Prac. & Rem. Code § 16.035 (e )( 2025 )