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Get ready for your hearing

Texas district court (or county court at law)

Rule 736 expedited foreclosure (home-equity, reverse mortgage, HOA)

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.

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 an application and a citation that states the deadline to file a response. Read it the day you get it.
  • If you file a response, the court usually sets a short hearing; if no response is filed, the court can sign the order without one.
  • At the hearing, the judge looks at the application, your response and any evidence on the narrow issues.
  • An order granting the application is not appealable; filing a separate lawsuit in district court before the order is signed automatically stops and dismisses the 736 case (Rule 736.11) — ask legal aid about the risks first.

Who is there

  • The judge and court staff
  • The lender's lawyer
  • You, and anyone helping you

What to bring

0 of 6 ready · Saved on this device

What the judge may ask — practice cards

Question 1 of 4

“Are you behind on the loan?”

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.
  • Do not argue that the lender must show you the original note — Texas courts have rejected that (Martins).

Rules to read

  • Tex. R. Civ. P. 736
  • Tex. R. Civ. P. 736.11
  • Tex. Const. art. XVI, § 50

Cases that may help at this hearing

  • Homeowner wonBinding

    Ogden v. Gibraltar Savings Ass'n

    640 S.W.2d 232 · Decided 1982

    Mr. Ogden owned a house in Corpus Christi. After he fell behind, the savings association posted a trustee's sale and sold the house. He sued for wrongful foreclosure and lost in the lower courts.

    Why this case

    • It deals with acceleration of the loan and notice of default & chance to cure, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Partial winBinding

    Shumway v. Horizon Credit Corp.

    801 S.W.2d 890 · Decided 1991

    The Shumways defaulted on a note and the holder demanded the entire balance. The holder argued the note's waiver language meant it did not have to warn them first.

    Why this case

    • It deals with acceleration of the loan and notice of default & chance to cure, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Homeowner lostBinding

    Wells Fargo Bank, N.A. v. Murphy

    458 S.W.3d 912 · Decided 2015

    The Murphys filed their own lawsuit, which automatically stopped the lender's expedited Rule 736 home-equity foreclosure. They lost, and the lender asked for its attorney's fees.

    Why this case

    • It deals with texas home-equity loans and judicial foreclosure & standing in court, which is part of your situation.
    • It involves home-equity loan, like your case.
    • Courts deciding your case 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.

  • $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