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Get ready for your hearing

Texas district court (or a court in another state)

Judicial foreclosure lawsuit

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.

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.

Write my statement

What happens

  • You are served with a petition and citation. In Texas, the citation states when your answer is due — do not miss it, or the lender can get a default judgment.
  • Hearings may be on motions (like summary judgment) or a trial.
  • The lender must show its right to foreclose; you can raise defenses and ask questions about the papers.

Who is there

  • The judge and court staff; sometimes a court reporter
  • The lender's lawyer
  • You and any witnesses

What to bring

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What the judge may ask — practice cards

Question 1 of 3

“Do you dispute that you signed the note?”

How to address the judge

Say "Your Honor" when speaking to the judge. Say "Judge" if you forget — that is fine too.

Courtroom manners

  • Arrive at least 30 minutes early; security lines can be slow.
  • Dress neatly, as for an important meeting. Silence your phone.
  • Stand when the judge enters and when you speak, unless told to sit.
  • Speak only when it is your turn; never interrupt the judge or the other side.
  • If you do not understand a question, say so and ask the judge to repeat it.
  • You may ask for a court interpreter. Ask the clerk before the hearing day if you can.

How to present your papers

  • Bring three copies of every paper you want the judge to see: one for the judge, one for the other side, one for you.
  • Put them in date order and number them (Exhibit 1, 2, 3…).
  • Ask: "Your Honor, may I hand up Exhibit 1?" Wait for permission before walking to the bench.
  • Envelopes, certified-mail receipts and postmarks can prove dates — keep them.

How to mention a case

Say the case name and citation slowly, then one sentence on why it matters: "Your Honor, in Sauceda v. GMAC Mortgage, 268 S.W.3d 135, the court held … Here, …". Hand the judge and the other side a printed copy if you can.

What not to say

  • Do not call anyone a liar or a crook. Say what the papers show instead.
  • Do not guess. If you do not know, say "I do not know."
  • Do not promise payments you cannot make.
  • Do not bring up things the judge cannot decide today; stay on the question in front of the court.

Rules to read

  • Tex. R. Civ. P. 99(b)
  • Tex. R. Civ. P. 166a

Cases that may help at this hearing

  • Homeowner wonBinding

    Holy Cross Church of God in Christ v. Wolf

    44 S.W.3d 562 · Decided 2001

    A church's note was accelerated, but years passed before the note holder tried to foreclose. The church asked a court to declare that the time to foreclose had run out.

    Why this case

    • It deals with time limits on foreclosing and acceleration of the loan, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Homeowner lostOther state

    Bartram v. U.S. Bank National Ass'n

    211 So. 3d 1009 · Decided 2016

    A first foreclosure against Mr. Bartram was dismissed. Years later he argued the five-year limit barred any new foreclosure.

    Why this case

    • It deals with time limits on foreclosing and acceleration of the loan, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • The homeowner lost this one. It shows what courts have not accepted, so you can prepare for that argument.
    Read the case
  • Homeowner lostBinding in federal court

    Boren v. U.S. National Bank Ass'n

    807 F.3d 99 · Decided 2015

    The Borens argued their bank waited too long — more than four years after accelerating — to foreclose. The bank pointed to later notices asking for less than the full balance.

    Why this case

    • It deals with time limits on foreclosing and acceleration of the loan, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Federal courts in your state must follow it.
    Read the case

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

Recent homeowner wins in the library