Techoclaro

Eviction after foreclosure in Texas: the 2026 timeline

Notice to vacate, the justice-court case, appeal and the writ of possession under the 2025 changes.

Eviction timeline after a foreclosure sale (Texas)

A foreclosure sale does not let anyone remove you the same day. The new owner must give notice, file in justice court and win before a constable can act. The 2025 law (S.B. 38) made the court steps faster starting January 1, 2026.

  1. After the sale

    Written notice to vacate: at least 3 days for a former owner (Prop. Code § 24.005(b)).

  2. Suit filed

    If the petition includes a motion for summary disposition, a response is due by the 4th day after service (§ 24.005106).

  3. Trial

    Set 10–21 days after filing when facts are disputed (§ 24.005106(c)).

  4. Appeal

    Within 5 days after the judgment is signed (§ 24.005107).

  5. Writ of possession

    Not before the 6th day after judgment; the officer posts a warning at least 24 hours before executing it (§ 24.0061).

  • Answer every court paper on time and go to the hearing; a missed deadline can mean a quick judgment.
  • Free legal aid can help with eviction cases — call early.

Tex. Prop. Code § 24.005 · Tex. Prop. Code § 24.005106 · Tex. Prop. Code § 24.005107 · Tex. Prop. Code § 24.0061

Related guides

Techoclaro is not a law firm and this is not legal advice. No one can promise a result. Free legal aid and HUD-approved housing counselors can review your situation. Sources are listed with each rule.