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Foreclosure and tax sales in Texas

What our research shows about Texas's rules. General information with sources — not legal advice, and not a reading of your papers.

DeepDeadlines computed from your own papers against the statute.Research last reviewed 2026-09-22
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How foreclosure works

Usual process
Nonjudicial (out of court)

Home-equity loans need a court order first (Tex. R. Civ. P. 736) — 38 days to respond to the application.

From a reputable summary[1][2]
Allowed processes
Judicial (through court) · Nonjudicial (out of court)
From a reputable summary[1]
Main statutes
Tex. Prop. Code § 51.002; Tex. Prop. Code § 51.003; Tex. R. Civ. P. 735–736; Tex. Const. art. XVI, § 50(a)(6)
Checked against the official text[3][1]
Typical length (estimate)
About 161–210 days

About 41–90 days from the notice of default to the sale; with the 120-day federal wait, roughly six to seven months overall.

From a reputable summary[1]

The usual timeline

  1. +At least 120 days

    Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind

    Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.

    Checked against the official text12 CFR § 1024.41(f)(1)
  2. +At least 20 days

    Notice of default / right to cure — at least 20 days before the next step

    For your residence, the servicer must send a notice of default by certified mail giving at least 20 days to cure before a notice of sale can be given (a 30-day breach letter under the deed of trust can satisfy this).

    Checked against the official textTex. Prop. Code §§ 51.002, 51.003

  3. Notice of sale — at least 21 days before the sale

    At least 21 days before the sale: posted at the courthouse door, filed with the county clerk (and posted online), and sent by certified mail to each debtor.

    Checked against the official textTex. Prop. Code §§ 51.002, 51.003
  4. +At least 21 days

    Foreclosure sale

    First Tuesday of the month, 10 a.m.–4 p.m., at the county courthouse; the sale must start at the stated time or within three hours after it (first Wednesday if that Tuesday is Jan. 1 or July 4).

    Checked against the official textTex. Prop. Code §§ 51.002, 51.003

  5. No right to redeem after the sale

    No redemption after a mortgage foreclosure sale (HOA foreclosures differ).

    From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notices and the sale

Notice before foreclosure
At least 20 daysFor your residence, the servicer must send a notice of default by certified mail giving at least 20 days to cure before a notice of sale can be given (a 30-day breach letter under the deed of trust can satisfy this).

Tex. Prop. Code § 51.002(d). Techoclaro’s Texas deadline engine computes this exactly from your notice.

Checked against the official text[3][1]
Notice of sale
At least 21 daysAt least 21 days before the sale: posted at the courthouse door, filed with the county clerk (and posted online), and sent by certified mail to each debtor.

Tex. Prop. Code § 51.002(b)

Checked against the official text[3][1]
Publication
Courthouse posting, county clerk filing and online posting — no newspaper requirement.
Checked against the official text[3]
When sales happen
First Tuesday of the month, 10 a.m.–4 p.m., at the county courthouse; the sale must start at the stated time or within three hours after it (first Wednesday if that Tuesday is Jan. 1 or July 4).

Tex. Prop. Code § 51.002(a), (a-1)

Checked against the official text[3][1]

Your rights before and after the sale

Catching up (reinstatement)
During the 20-day cure period by statute; most deeds of trust allow reinstatement later.
From a reputable summary[1][2]
Buying the home back (redemption)
NoNo redemption after a mortgage foreclosure sale (HOA foreclosures differ).
From a reputable summary[2][1]
Owing money after the sale (deficiency)
LimitedSuit within two years of the sale; you can ask for a fair-market-value offset. No deficiency after a home-equity loan foreclosure.

Tex. Prop. Code § 51.003; Tex. Const. art. XVI, § 50(a)(6)(C)

Checked against the official text[3][1]
Mediation
Not researched yet for this state.

Property tax sales

Tax sale system
Court-ordered tax sale

The taxing unit sues to foreclose; after judgment the property is sold at a tax sale and the buyer gets a deed subject to redemption.

From a reputable summary[4]
How it works
Taxes unpaid by Feb. 1 are delinquent (penalty 6% rising to 12% by July 1, plus 1% a month and possibly 20% collection fees). The taxing unit can sue any time after delinquency.
From a reputable summary[4]
Redeeming after a tax sale
Two years after the deed is recorded for a residence homestead or agricultural land (premium 25% in year one, 50% in year two); 180 days for other property.

Tex. Tax Code § 34.21

Checked against the official text[5][4]
Relief programs
  • Tax deferral or abatement for owners 65+, disabled, or disabled veterans (residence homestead) — File an affidavit with the appraisal district to defer collection while you live in the home.

Tex. Tax Code § 33.06

Checked against the official text[6][4]
Payment plans
Not researched yet for this state.
Surplus after a tax sale
Excess proceeds are paid into the court registry and held for two years for the former owner to claim (unless the court orders otherwise).

Tex. Tax Code §§ 34.02–34.04

Checked against the official text[5]

Bankruptcy exemptions

Federal exemption list
You may choose the federal list

You may choose the federal bankruptcy exemption list (11 U.S.C. § 522(d)) instead of the state list — one list or the other, never a mix.

From a reputable summary[7]
Homestead exemption
Unlimited (within acreage limits)Unlimited value within the acreage limits; sale proceeds exempt for 6 months.(Tex. Const. art. XVI, §§ 50-51; Tex. Prop. Code § 41.001)
From a reputable summary[8]

Where to get free help

Free legal aid (LSC-funded)
Checked against the official text[10]
Legal help website

The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.

Not confirmed — check it[11]
State housing agency
Checked against the official text[9]
Attorney general / consumer protection
Checked against the official text[12]
Court self-help

The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.

Not confirmed — check it[11]
HUD-approved housing counselors
HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Sources

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.

  1. [1]Nolo — Texas Foreclosure Laws and Proceduressummary
  2. [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
  3. [3]Tex. Prop. Code ch. 51 (official text, Texas Legislative Council file server)Tex. Prop. Code §§ 51.002, 51.003official
  4. [4]Nolo — Texas property tax foreclosuresummary
  5. [5]Tex. Tax Code ch. 34 (official text, Texas Legislative Council file server)Tex. Tax Code § 34.21official
  6. [6]Tex. Tax Code ch. 33 (official text, Texas Legislative Council file server)Tex. Tax Code § 33.06official
  7. [7]Nolo — Federal Bankruptcy Exemptions — which states allow the federal list11 U.S.C. § 522(b)(2)summary
  8. [8]Asset Protection Planners — Homestead Exemptions by U.S. State and Territory (2026 chart with statute cites)summary
  9. [9]Home Page | Texas Department of Housing and Community Affairs (official site, checked live)official
  10. [10]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
  11. [11]TexasLawHelp.orgofficial
  12. [12]Consumer Protection | Office of the Attorney General (official site, checked live)official