

Texas uses a non‑judicial foreclosure process, which means the lender does not need to go to court. This makes Texas one of the fastest foreclosure states in the U.S. The process follows strict notice rules and moves quickly once it begins. Here is the step‑by‑step breakdown.
You must be at least 120 days behind before foreclosure can officially start - Under federal law, most mortgage servicers cannot begin foreclosure until you are more than 120 days delinquent. Small private lenders may act sooner, but banks and major servicers must follow the 120‑day rule.
Notice of Default / Intent to Accelerate (20‑day cure period) - Before moving forward, the lender must send a Notice of Default and Intent to Accelerate, giving you at least 20 days to “cure” the default by paying the overdue amount. This is your first formal warning.
Notice of Sale (21 days before auction) - If you don’t cure the default, the lender can issue a Notice of Sale, which must be sent by certified mail, filed with the county clerk, posted at the courthouse, and delivered at least 21 days before the auction date. This is the official start of the Texas foreclosure countdown.
The 21‑Day Countdown (Critical Window) - during the 21 days, you can reinstate the loan, complete a loan modification, sell the home, file Chapter 13 bankruptcy, or explore other options with the lender.
Foreclosure Auction (First Tuesday of the Month) - foreclosure sales are on the first Tuesday of each month, between 10 a.m. and 4 p.m. at the county courthouse. Where the property is sold to the highest bidder or taken back by the lender.
After the Auction - After the sale the new owner can evict if you don’t leave, you lose any remaining equity unless the sale price exceeds the loan balance, a foreclosure stays on your credit for up to 7 years.
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