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State lawVerified Sep 23, 2026Notices, the sale and your chance to catch up

Right to 21 days’ notice before a foreclosure sale

Tex. Prop. Code § 51.002(b)

In plain words

The notice of sale must be given at least 21 days before the sale. It is posted at the courthouse door, filed with the county clerk (and posted on the county website), and sent to you by certified mail. Sales happen on the first Tuesday of the month between 10 a.m. and 4 p.m.

Who is protected

Every debtor obligated on a Texas deed of trust being foreclosed without a court.

When it applies

  • Only in Texas.
  • Only after a notice of default or once a sale date is set.
Check whether it applies to you

What you can do

  • Put the deadline on your calendar

    Enter the date on your notice so Techoclaro can count the days and remind you.

    Open the tool
  • Check the notice against the rules

    Use the case builder to check the dates, the mailing and the sale window on your notice.

    Deadline: Before the sale date

    Open the tool
  • Read your state guide and find free help

    Open the state page for the process, deadlines and legal-aid contacts in your state.

    Open the tool

Honest limits

  • Mailing is complete when the notice is deposited in the mail — you do not have to receive it for it to count.
  • A notice defect alone rarely undoes a sale; Texas courts also look for a grossly inadequate price caused by the defect.
  • This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.

The law

  1. State lawNotice of sale — 21 days

    Tex. Prop. Code § 51.002(b)

    What it says: Notice of sale must be posted, filed and mailed by certified mail at least 21 days before the sale.

    Read the official text
  2. State lawFirst-Tuesday sale window

    Tex. Prop. Code § 51.002(a)

    What it says: Sales are public auctions on the first Tuesday of the month between 10 a.m. and 4 p.m.

    Read the official text

Court cases

  • Homeowner lostCited for this right
    Stanley v. CitiFinancial Mortgage Co.

    Stanley v. CitiFinancial Mortg. Co., 121 S.W.3d 811 (Tex. App.—Beaumont 2003)

    notice under Property Code § 51.002(e) is complete when sent by certified mail to the debtor's last known address, and actual receipt is not required

  • Homeowner wonCited for this right
    Sauceda v. GMAC Mortgage Corp.

    Sauceda v. GMAC Mortg. Corp., 268 S.W.3d 135 (Tex. App.—Corpus Christi–Edinburg 2008)

    a wrongful-foreclosure claim requires a defect in the sale proceedings, a grossly inadequate selling price, and a causal connection between them, and that homeowners who offer evidence of each are entitled to a trial

  • Homeowner lostCited for this right
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Homeowner wonSame topic
    Ogden v. Gibraltar Savings Ass'n

    Ogden v. Gibraltar Sav. Ass'n, 640 S.W.2d 232 (Tex. 1982)

    when a note holder has the option to accelerate on default, equity demands notice of the intent to exercise that option before foreclosing, and a homeowner sold out without it may recover damages

  • Homeowner wonSame topic
    Holy Cross Church of God in Christ v. Wolf

    Holy Cross Church of God in Christ v. Wolf, 44 S.W.3d 562 (Tex. 2001)

    effective acceleration requires notice of intent to accelerate and notice of acceleration, and once the note is accelerated the four-year Texas limitations period to foreclose begins to run

  • Partial winSame topic
    Shumway v. Horizon Credit Corp.

    Shumway v. Horizon Credit Corp., 801 S.W.2d 890 (Tex. 1991)

    a borrower waives notice of intent to accelerate only by clear and unequivocal language, and a general waiver of "notice" is not enough

  • Homeowner lostSame topic
    Boren v. U.S. National Bank Ass'n

    Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)

    a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period

  • Homeowner lostSame topic
    University Savings Ass'n v. Springwoods Shopping Center

    Univ. Sav. Ass'n v. Springwoods Shopping Ctr., 644 S.W.2d 705 (Tex. 1982)

    failing to record an otherwise valid appointment of a substitute trustee does not by itself make the trustee's sale unlawful or unfair to the mortgagor

  • Homeowner wonSame topic
    Wood v. HSBC Bank USA, N.A.

    Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016)

    a home-equity lien that does not comply with Article XVI, section 50 of the Texas Constitution is invalid until cured, and no statute of limitations bars the homeowner's action to quiet title

Related rights

State lawVerified Sep 23, 2026

Right to 20 days to catch up before a sale notice

Tex. Prop. Code § 51.002(d)

If your home is your residence, the mortgage servicer must first send you a notice of default by certified mail. It must give you at least 20 days to cure (pay what is past due) before it can post your home for sale. The day the notice is sent counts as day one.

Read this right
State lawVerified Sep 23, 2026

Right to go to court to stop a wrongful sale

Tex. Civ. Prac. & Rem. Code § 65.011

Most Texas foreclosures happen without a court, but you can file your own lawsuit and ask a judge for an injunction (a court order stopping the sale). For home-equity, HOA and tax-lien foreclosures that need a Rule 736 order, filing a separate lawsuit before 5 p.m. on the Monday before the sale automatically stops that process.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The right to be heard in court, and to speak for yourself

U.S. Const. amend. XIV, § 1Due Process Clause

Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The right to real notice before the government takes or sells your home

U.S. Const. amend. XIV, § 1Due Process Clause

Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.

Read this right
Federal lawVerified Sep 23, 2026

The automatic stay: filing bankruptcy pauses most collection

11 U.S.C. § 362(a)

When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.

Read this right
Federal lawVerified Sep 23, 2026

Chapter 13: catch up on missed mortgage payments over time

11 U.S.C. § 1322(b)(5)

In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.

Read this right