Get ready for your hearing
Pick the kind of hearing you have. See what happens, who is there, what to bring and what the judge may ask — then write and practise a short, respectful statement.
General courtroom guidance, not legal advice. The papers you received (the citation, the notice, the court's order) set your real deadlines. Free legal aid can review your plan.
Choose your hearing
Rule 736 expedited foreclosure (home-equity, reverse mortgage, HOA)
Texas district court (or county court at law)
The lender asks the court for an order allowing a non-judicial sale under a home-equity lien, a reverse mortgage or certain HOA liens. The only question is whether the grounds for foreclosure exist — not every dispute you have.
PrepareJudicial foreclosure lawsuit
Texas district court (or a court in another state)
The lender sues you in court to foreclose. It is a regular lawsuit: you must file an answer on time, and the lender must prove its case.
PrepareTemporary restraining order / temporary injunction to stop a sale
Texas district court
You ask a judge to order the sale not to go forward while your lawsuit is decided. The judge weighs whether you are likely to succeed and whether you would suffer harm that money cannot fix.
PrepareEviction (forcible detainer) after a sale — justice court
Texas justice court (JP court)
After a foreclosure sale, the buyer sues for possession. The justice court decides only who has the right to possession now, not who owns the house.
PrepareMotion for relief from the automatic stay — bankruptcy court
U.S. Bankruptcy Court
Your lender asks the bankruptcy judge to lift the automatic stay so it can foreclose. The judge looks at whether the lender is protected (for example, whether you are making plan and mortgage payments) and whether there is equity.
PrepareProperty-tax lawsuit (delinquent taxes)
Texas district court
A taxing unit sues to collect delinquent property taxes and to foreclose its tax lien. You can ask about payment agreements, deferrals for some homeowners, and your rights after any sale.
PrepareMediation or settlement conference
A mediator (court-ordered or voluntary)
A neutral mediator helps you and the lender or servicer look for an agreement — a modification, repayment plan, more time, or a graceful exit. The mediator does not decide who wins.
Prepare
Write my statement
Build a 60–90 second or 2–3 minute statement from your own facts and the cases you picked. Techy never adds facts.
You are not the first
People have stood where you are standing and been heard. These are real, sourced outcomes.
- $2 billion
Servicing errors led to $2 billion in principal reduction
Federal and state authorities ordered Ocwen, then the largest non-bank mortgage servicer, to provide $2 billion in principal reduction to underwater borrowers and $125 million in refunds to people already foreclosed on, over servicing misconduct.
Source: Consumer Financial Protection Bureau - $73 million
About $73 million returned to more than 40,000 borrowers
A federal court order in the CFPB's case against Nationstar (Mr. Cooper) required about $73 million in redress to more than 40,000 harmed borrowers, including distressed homeowners.
Source: Consumer Financial Protection Bureau - $9.961 billion
Homeowner Assistance Fund
The federal Homeowner Assistance Fund provided $9.961 billion, distributed through states, territories and tribes, to help homeowners facing hardship. Programs and deadlines vary by state; ask your state housing agency what is still open.
Source: U.S. Department of the Treasury - Free / low cost
HUD-approved housing counselors
HUD-approved housing counseling agencies can give independent advice, often at little or no cost. The CFPB keeps a searchable list of counselors near you.
Source: Consumer Financial Protection Bureau