Foreclosure is one of the most stressful events a person can experience. If you are dealing with this problem in Texas, you may ask yourself, “What are the phases of foreclosure in Texas?” Specific steps associated with judicial foreclosure and non-judicial disclosure enable you to understand how you can take action if you anticipate dealing with a foreclosed property.
Working through the stages of foreclosure requires perseverance, dedication, and optimism. You can use different methods to stop a foreclosure in Texas, including reinstating the mortgage, participating in loan modification agreements, and challenging the foreclosure in court. The more knowledge you obtain regarding foreclosures, the more likely it is that you can make informed decisions to benefit you and your family.
The most common type of foreclosure in Texas is non-judicial foreclosure. The triggering event involves missing mortgage payments, which then causes the lender to send the mortgagor a notice of default. The notice of default gives the mortgagor 20 days to cure the default by paying the past due balance.
If the balance remains unpaid, the trustee will submit a notice of sale to the clerk of court. After 21 days, the foreclosure sale will take place via an auction at the county courthouse on the first Tuesday of the month between the hours of 10:00 AM and 4:00 PM. The highest bidder will obtain legal rights to the property.
The last stage of non-judicial foreclosure involves the eviction process. The lender may have purchased the property at the auction sale, and they may use a court order known as a writ of possession to evict the occupying party from the property.
The time it takes to complete all of these steps varies, but typically, a foreclosure sale can occur within 41 days from the first notice to the date of sale.
The most important step in fending off foreclosure proceedings in Texas is to communicate with the lender (also known as the mortgagee) about engaging in loan modification or forbearance. Short sales, a deed in lieu of foreclosure, and Chapter 7 bankruptcy are all options mortgagors can pursue to prevent a foreclosure.
Paying the past due amount is the most effective way to reinstate the mortgage loan and stop foreclosure proceedings. Loan modification will enable you to change the interest rate, principal balance, and term length of the loan. Some lenders may allow borrowers to create a structured repayment plan to satisfy the past due balance that has accrued over time.
A short sale is another potential option. It involves selling the property for less than the unpaid balance on the mortgage, but this is subject to the lender approving the terms of the short sale transaction. It is advised to speak with an attorney regarding how you can take advantage of these options for stopping a foreclosure and which option is better in your circumstances.
Foreclosure proceedings do not have to frighten you into avoiding taking action to protect your legal rights. If you decide to hire a foreclosure lawyer, they can give you a clearer understanding of the common legal issues related to foreclosures in Texas. A skilled Alvarado foreclosure lawyer on our team can provide objective, reasonable, and reliable advice regarding potential solutions to different financial problems.
In 2025, Texas had approximately 4,852 total foreclosure filings. Total closed home sales in Texas from January to June of 2025 equaled 166,074. Texas has a large population, and this is one variable that accounts for the high number of foreclosure filings in 2025.
A: Foreclosure in Texas can potentially be delayed if the lender makes errors in loan documentation or fails to provide proper, legally required notice, making the foreclosure invalid. Since Texas mainly uses a non-judicial foreclosure process, it’s vital for lenders to comply with notice requirements. Violations could be grounds for legal action in some cases.
A: The 37-day foreclosure rule is a federal rule that prevents servicers from foreclosing on a property if a borrower presents a loan modification application more than 37 days before the property is scheduled to be sold. Servicers must review the loan modification application, and this federal law pauses foreclosure while servicers review the complete loss mitigation application.
A: It typically takes 120 days for a house to go into foreclosure in Texas. A lender will send a formal notice of default, and this notice gives the borrower twenty days to cure the default. If the default is not cured, then a trustee will file the notice with the county clerk. A foreclosure auction will then be conducted on the first Tuesday of the month at the county courthouse. Eviction proceedings may occur four weeks after the sale.
A: The three categories of foreclosure in Texas are judicial foreclosure, non-judicial foreclosure, and expedited foreclosure. Judicial foreclosure involves a civil judgment. Non-judicial foreclosure utilizes a trustee to sell the property without court involvement. Expedited foreclosure must be granted by a judge, and it proceeds similarly to non-judicial foreclosure. Rule 309 of the Texas Rules of Civil Procedure governs judicial foreclosures.
Foreclosure often causes individuals to experience a tremendous amount of stress and fear. Seeking out legal representation during this time can ensure that you have a clear understanding of all the legal options available to you. You can protect your finances and create a plan for stabilizing your life after foreclosure proceedings conclude.
The foreclosure attorneys at the Steele Law Firm, PLLC, have years of experience helping clients deal with the consequences of foreclosure. Contact us today to schedule a free consultation during which we can discuss the facts of your case. We are here to provide you with the resources you need to take positive steps throughout the foreclosure process.
