top of page

Stop Foreclosure Texas Guide: First-Tuesday Sales and Your Options

Austin skyline at dusk, for homeowners researching how to stop foreclosure Texas

Texas foreclosures move on a monthly schedule

▬▬▬▬▬▬

 

People searching "stop foreclosure Texas" are often counting down to a first Tuesday. Texas trustee sales are generally held on the first Tuesday of the month at the county courthouse, after notice is posted and mailed.

 

In Houston, Dallas, San Antonio, Austin, Fort Worth, and El Paso, most home loans are secured by a deed of trust with a power of sale. Home equity loans are the main exception, because Texas generally requires a court order before they can be foreclosed.

 

 

How foreclosure works in Texas

▬▬▬▬▬▬

 

Texas is primarily a nonjudicial state. The servicer sends a notice of default with an opportunity to cure, then a notice of sale, which is also posted at the courthouse and filed with the county clerk. The trustee sells the home at the first-Tuesday auction.

 

For Texas home equity loans, lenders generally must obtain a court order through an expedited process before foreclosing. Texas does not provide a redemption period after most mortgage foreclosure sales, though HOA and tax foreclosures can differ. Texas allows deficiency judgments, according to Nolo.

 

Process source: Nolo – 50-state foreclosure chart and Nolo Texas foreclosure law center.

 

 

Texas foreclosure help programs

▬▬▬▬▬▬

 

The Texas Homeowner Assistance Fund closed as of April 15, 2025, according to TDHCA. These official resources remain:

 

 

 

Options Summit can discuss with Texas homeowners

▬▬▬▬▬▬

 

With monthly sale dates, Texas homeowners need a clear plan. Summit can review your notices and discuss which option can realistically be pursued before the next first Tuesday.

 

  • Foreclosure defense – A review of your Texas notices, loan history and the lender's paperwork to identify any defenses or errors that may help stop foreclosure or slow it down.
  • Loan modification – A request that your servicer change the loan terms so the payment is manageable. It is one of the most common foreclosure prevention tools for Texas homeowners who want to keep the home.
  • Foreclosure alternatives – A repayment plan, forbearance, short sale or deed in lieu can help you avoid foreclosure when catching up or keeping the property is not realistic.
  • Stop sale dates – If a sale is already scheduled, ask right away about a postponement while a complete loss-mitigation application is reviewed, and about any other step that may stop a sale date in Texas.

 

Which options are available depends on your loan, your servicer and how much time is left. No outcome is guaranteed.

 

 

Example Texas foreclosure timeline

▬▬▬▬▬▬

 

Every loan moves at its own pace, but most Texas foreclosures pass through the same stages. Because Texas foreclosures usually happen outside of court, the later stages can move quickly.

 

  1. First missed payment. Late fees begin. Federal mortgage servicing rules generally require the servicer to try to reach you by the 36th day of delinquency and to send written notice of loss mitigation options by the 45th day.
  2. More than 120 days behind. Federal rules generally bar a servicer from starting a foreclosure on a primary residence until the loan is more than 120 days delinquent. This window is the best time to submit a complete loss mitigation application.
  3. Notice of default or sale. The lender or trustee sends, records or publishes the notices Texas law requires. In most cases no lawsuit is needed, so read every notice for dates.
  4. Sale date. The home is scheduled for public auction on the date stated in the notice.
  5. After the sale. What happens next, including any right to redeem, any claim for a remaining balance and the time you have to move out, depends on Texas law and your loan documents.

 

Timing in your case depends on your loan and your notices. The dates printed on your own documents control.

 

 

Documents your servicer will usually ask for

▬▬▬▬▬▬

 

Having these ready makes it easier to apply for a loan modification or another foreclosure alternative before a deadline passes.

 

  • The servicer's own application form, often called a Request for Mortgage Assistance
  • Recent pay stubs, or a profit and loss statement if you are self-employed
  • Your last two months of bank statements
  • Your most recent tax returns
  • A short hardship letter explaining what happened and what has changed
  • Your latest mortgage statement and every foreclosure notice you have received
  • A list of your monthly household expenses

 

Requirements vary by servicer and loan type, so confirm the list with your servicer in writing.

 

 

Common mistakes Texas homeowners make

▬▬▬▬▬▬

 

  • Ignoring the mail. Notices contain the deadlines that decide which options are still open.
  • Waiting until a sale is close. Federal protections against a sale while an application is under review generally apply only when a complete application reaches the servicer more than 37 days before the sale.
  • Sending an incomplete application. A missing page can restart the review while the foreclosure keeps moving.
  • Relying on phone promises. Ask for any postponement, plan or approval in writing.
  • Trusting a guarantee. Be cautious of anyone who promises to stop a foreclosure or asks you to sign over your deed.
  • Moving out too early. A notice is not a sale. Leaving the home does not end the loan or the foreclosure.

 

 

Texas Foreclosure FAQ

▬▬▬▬▬▬

 

 

When are Texas foreclosure sales held?

 

Generally on the first Tuesday of the month at the county courthouse, after required notice.

 

 

Is a Texas home equity foreclosure different?

 

Yes. Texas generally requires a court order before a home equity loan can be foreclosed.

 

 

Is the Texas Homeowner Assistance Fund still open?

 

No. TDHCA states the program closed as of April 15, 2025.

 

 

Guides & Resources

▬▬▬▬▬▬

 

 

 

Talk with Summit about your Texas foreclosure

▬▬▬▬▬▬

 

If your Texas sale is set for the next first Tuesday, call now. Talk to Summit about your Texas situation: call (866) 259-8777 or book a time online. General questions are answered on our foreclosure FAQs page and through contact us.

 

Speak directly with our law firm. When you call or send the form on this page, your inquiry comes to Summit Real Estate Law Firm.

 

General information, not legal advice. Attorney licensing and service availability for this state must be confirmed during intake. An inquiry does not establish representation.

 

Get in Touch

Call 866-259-8777 or request a consultation below.

bottom of page