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.
After the sale
Written notice to vacate: at least 3 days for a former owner (Prop. Code § 24.005(b)).
Suit filed
If the petition includes a motion for summary disposition, a response is due by the 4th day after service (§ 24.005106).
Trial
Set 10–21 days after filing when facts are disputed (§ 24.005106(c)).
Appeal
Within 5 days after the judgment is signed (§ 24.005107).
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
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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.