When you open your mail and find a default notice from your home ownership lender, it can be a scary and emotional time. When your home actually goes into foreclosure, that’s even more frightening. You might be wondering, “Can you get your house out of foreclosure in Texas?”
The answer depends on many factors, including when you received your foreclosure notice, if you’ve filed a loss mitigation form, and whether or not you can pay your past due balance. If you can’t, it’s not necessarily the end of the road. There may be ways to get your home out of foreclosure, but your optimal chance is to hire a foreclosure lawyer as soon as possible to help you.
A look at the Parker County, Texas website shows you many houses in foreclosure. One in every 3,456 housing units in Texas had filings for foreclosure in 2025, up 35% from October 2024.
When faced with foreclosure, it’s smart to hire a foreclosure lawyer. Texas has laws that state when you should file with a court, or, in the case of a non-judicial foreclosure (most foreclosures in Texas are non-judicial), when you should serve the borrower with a default notice and/or foreclosure notification.
A skilled foreclosure lawyer will be well-versed in these timelines and can help you make the right financial decision for yourself. For instance, a loan mitigation form must be filed up to 37 days before the sale of your home. A loan mitigation form is an application to request alternate options for avoiding foreclosure. Some alternate options might be refinancing your loan or changing your payment plan.
This is referred to as the “37-day rule,” a consumer protection law, and it’s crucial in a foreclosure. It allows the borrower more time than the maximum 20 days afforded in Texas to pay the past-due mortgage.
A lender has five days from the receipt of the loan mitigation form to confirm receipt of your application and inform you whether it is complete. If not, the lender must tell you which materials are missing. A foreclosure lawyer will be able to help you file this form as well as work with you to meet any deadlines.
You may be able to delay proceedings long enough to find other resources, or you may be able to work with your lender to change your monthly mortgage payment to include the amount you were behind.
Acting quickly is critical in foreclosure situations since deadlines move fast and options become limited depending on the stage of the foreclosure process.
There are three types of foreclosure. The type will determine which options you have to get your house out of foreclosure.
The types of foreclosure are:
In most cases in Texas, foreclosures will be non-judicial. However, in the case of failure to pay taxes or homeowners’ association fees, they may be judicial or expedited. Hiring a Weatherford foreclosure lawyer may help you decipher whether your foreclosure is judicial or non-judicial, and how to proceed from there. Time is of the essence in a foreclosure case.
A: To get out of foreclosure in Texas, you will have to either pay your past-due balance or fill out a loan mitigation form. You have 20 days to pay the past-due balance, or 37 days to fill out the loan mitigation form. This may allow you to negotiate with the lender to make a temporary payment plan, get a hardship forbearance, or modify your loan.
A: Yes, you might be able to get your house back after foreclosure in Texas, but it depends on the type of foreclosure and whether or not the sale already happened. In a non-judicial foreclosure, if your foreclosure is due to not paying taxes or HOA fees, you may get your house back if you pay those taxes within a one- to two-year time frame.
A: If it’s due to not paying your mortgage and it’s before the sale, you may be able to get it back through paying off the amount you are in arrears, renegotiating your loan, or, in certain cases, filing for bankruptcy. However, it’s wise to hire a foreclosure lawyer to help you assess the pros and cons of these options. Non-judicial foreclosures have a no-redemption law if the sale has already happened.
A: Under Texas Property Code 51.001, a foreclosure may be reversed if there were significant errors by the lender, fraud, or the default has been “cured,” or paid. While it can be difficult to prove that your lender didn’t properly notify you or did not follow Texas property laws, a skilled foreclosure lawyer can be essential for gathering evidence and seeking a reversal.
If you’re in Weatherford, just south of Fort Worth, and you think you may be headed for or are in foreclosure, a Weatherford foreclosure lawyer at Steele Law Firm, PLLC can help you navigate the complicated foreclosure process with care and compassion. We can explain all of your options and help you make decisions based on your objectives and financial capabilities. We are hands-on, taking a personal interest in every case. Contact us today.
