Why the timeline matters

Texas has one of the fastest foreclosure processes in the country. Most Texas mortgages are non-judicial, which means the lender does not have to sue you in court to foreclose. Once you fall behind, the clock moves quickly. Knowing the general timeline helps you decide what to do — and when.

This article is educational only. It is not legal advice. For advice about your specific situation, talk to a HUD-approved housing counselor or a licensed Texas attorney.

Roughly what the timeline looks like

Days 1-30: Missed payment

Most lenders report a payment as late after 15 days and to the credit bureaus after 30. You will usually get letters and calls from the loan servicer offering to discuss options.

Days 30-90: Default and loss mitigation

By about 90 days delinquent, the servicer typically sends a formal notice of default and demand to cure. Federal rules generally require the servicer to give you a chance to apply for loss-mitigation options — like a repayment plan, forbearance, or loan modification — before starting foreclosure.

Days 90-120+: Notice of default and intent to accelerate

Under Texas law, before posting your home for sale the servicer must give you written notice of default and at least 20 days to cure. If you do not cure, they can accelerate the loan (call the full balance due).

At least 21 days before sale: Notice of Sale

The trustee must post the Notice of Sale at the county courthouse, file it with the county clerk, and mail it to you at least 21 days before the sale.

First Tuesday of the month: Auction

Texas foreclosure auctions happen on the first Tuesday of each month, between 10 a.m. and 4 p.m., at the county courthouse (or the location the county has designated).

Four paths forward

At almost any point before the auction, homeowners in Texas generally have four broad paths to consider:

  1. Reinstate or cure — pay what is past due plus fees.
  2. Loan modification or workout — change the terms with your servicer.
  3. Sell the home — either traditionally or to a cash buyer, and pay off the loan at closing.
  4. Legal options — such as Chapter 13 bankruptcy, which can pause a foreclosure sale. Only an attorney can advise you here.

What to do this week

  • Open every letter from your servicer.
  • Call a HUD-approved housing counselor (free) at 1-800-569-4287.
  • Gather your loan statement, notice letters, and a rough income and expense list.
  • Decide, honestly, whether you want to stay in the home or move on.

The earlier you look at your options, the more of them you actually have.