Navigating the Texas foreclosure procedure can feel frustrating when you're fretted about losing your home. But lenders need to follow federal and Texas foreclosure laws, and these laws include essential foreclosure notification requirements designed to provide you fair caution before they take any action or sell your home at a foreclosure sale. If you have actually gotten a foreclosure notice or are simply worried about what occurs if you fall back on your mortgage payments, you should find out about your rights and the actions you can require to stop a foreclosure.

This guide breaks down what happens throughout the Texas foreclosure procedure, explains what each notice means, and outlines your options to prevent foreclosure. With this knowledge, you can make clever, confident choices for your home and your household. You'll likewise have the ability to take advantage of your circumstance and, hopefully, work out a way to save your home or at least get through the procedure with as little anxiety as possible.

What Are My Rights During Foreclosure in Texas?
When Can a Foreclosure Start in Texas?
What Kinds of Foreclosure Are Available in Texas?
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 typically can't formally begin 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 minimal and tended to favor foreclosing lenders. However, federal and state laws now greatly control loan servicing and foreclosure procedures. Most of the laws give defenses to borrowers. Servicers usually need to provide customers with loss mitigation opportunities, represent each foreclosure action, and strictly adhere to foreclosure laws.

Also, most individuals who take out a loan to purchase a home in Texas sign a promissory note and a deed of trust. These documents offer house owners contractual rights, such as the right to a preforeclosure notice called a "breach letter."

In a Texas foreclosure, you likewise can receive certain foreclosure notifications throughout the process, get present on the loan to stop the foreclosure sale, get unique securities 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 generally can't formally start a foreclosure until 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 house owners lots of time to look for loss mitigation with their loan servicer.

What Types 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 method.

How Judicial Foreclosures Work

A judicial foreclosure starts when the loan provider submits a suit asking a court for an order enabling a foreclosure sale. If you don't respond with a composed response, the loan provider will instantly win the case. But if you choose to protect the foreclosure claim, the court will examine the evidence and identify the winner. If the lending institution wins, the judge will go into a judgment and buy your home sold at auction.

How Nonjudicial Foreclosures Work

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

Most lenders choose for the nonjudicial process due to the fact that it's quicker and more affordable than prosecuting the matter in court.

How Long Does Foreclosure Take in Texas?

The nonjudicial foreclosure process, from the Notice of Default and Intent to Accelerate (see listed below) to the foreclosure auction, can take just 41 to around 90 days. However, consisting of the 120-day preforeclosure delinquency duration, the whole process might take around six or 7 months in total, though it can be sometimes.

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 notice of default and intent to speed up by licensed mail that offers at least 20 days to cure the default before a notification of sale can be offered. The 30-day breach letter sent pursuant to the terms of the deed of trust can satisfy this requirement. (Tex. Prop. Code § 51.002 (d)

( 2025).) The notice is sent to the customer's last known address and need to include the amount due and the date it needs to be paid.

Under Texas law, the statute of restrictions 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 includes an acceleration stipulation, the statute of limitations begins at the time of acceleration. (Tex. Civ. Prac. & Rem. Code § 16.035 (e )( 2025 )