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How foreclosure works in Texas, and what you can still do before the sale.
By Captain Saves A Home · Published October 24, 2026 · Updated October 24, 2026 · 2 min read
If your Houston-area lender has started foreclosure, the calendar matters more than anything else. Here is how the Texas process is set up, based on the state statute.
Most Texas foreclosures happen without a lawsuit
Most Texas home loans are secured by a deed of trust that gives the lender a power of sale. If the loan goes unpaid, the lender can use that power to sell the house at a public auction. That is why Texas foreclosures are often called nonjudicial: they do not have to start with a court case, and they can move quickly once the process begins.
When and where the sale happens
Texas Property Code section 51.002 sets the schedule for these sales:
- The sale is a public auction held between 10 a.m. and 4 p.m. on the first Tuesday of the month.
- If the first Tuesday falls on January 1 or July 4, the sale moves to the first Wednesday of that month.
- It takes place at the county courthouse in the county where the property is located, in the area the county commissioners court designates.
Because sales happen on one set day each month, you can look at a calendar and see exactly which dates are possible. Once you have a notice of sale, you will know the date.
The notices you should expect
- Notice of default. Before a sale, the lender has to notify you that you are in default and give you a chance to catch up. The length of that window comes from the statute and your loan documents, so read the notice itself for the exact date.
- Notice of sale. It must be given at least 21 days before the sale and must say the earliest time the sale will begin. It is posted at the courthouse door and filed with the county clerk, and it must also be sent by certified mail to each debtor shown in the mortgage servicer's records.
If a notice arrives, do not set it aside. Write down the sale date and work backward from it.
What you can still do
- Call your servicer. Ask what it would take to catch up, or whether a workout or loan modification is available.
- Sell before the sale date. If the house sells for more than you owe, the difference is yours. If it would sell for less than you owe, talk to your lender and an attorney first about how a payoff or a short sale would work.
- Get independent help. A Texas attorney or a HUD-approved housing counselor can review your paperwork and your rights.
- Check whether you may qualify for a homeowner-assistance program with our free grant pre-screen. It is a pre-screen, not an approval.
How a fast sale works with us
We make as-is cash offers on Houston-area houses. Many homeowners get an offer within 24 hours, and we can close in as little as 7 to 14 days or on a later date that works for you. A sale only helps if it can close before the auction, so tell us your sale date the first time we talk. You can read more on our foreclosure help page.