Foreclosure Law in Texas

Texas-specific deadlines for foreclosure cases

Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.

• Minimum delinquency period before foreclosure proceedings may begin: 120 days past due

  Federal Regulation X (Real Estate Settlement Procedures Act) prohibits a mortgage servicer from making the first notice or filing required for foreclosure until a borrower is more than 120 days delinquent on the loan.

  Enter date of first missed payment:

  12 C.F.R. § 1024.41(f)(1)(i)

• Time to cure default after notice of default is sent: 20 days

  The lender must give you at least 20 days to pay the overdue amount and reinstate the loan before posting the property for sale. Federal Housing Administration (FHA), U.S. Department of Veterans Affairs (VA), and home equity loan programs may require a longer cure period.

  Enter date notice of default is sent to the borrower:

  Tex. Prop. Code § 51.002(d)

• Minimum notice of foreclosure sale before auction: 21 days

  The 21-day period runs from the mailing date, not the date you receive the notice. The notice must also be posted at the county courthouse and filed with the county clerk before the sale can proceed.

  Enter date notice of sale is mailed to the borrower:

  Tex. Prop. Code § 51.002(b)

• Statute of limitations for a lender to bring a foreclosure action: 4 years

  A lender that waits more than four years after the cause of action accrues may lose the right to foreclose. For installment loans, the four-year period generally begins running from the maturity date of the last installment.

  Enter date the cause of action accrues (generally date of default or loan maturity):

  Tex. Civ. Prac. & Rem. Code § 16.035

• Deadline for lender to sue for deficiency judgment after foreclosure sale: 2 years

  If the auction price was less than the outstanding debt, the lender must file a separate lawsuit within two years of the sale date to collect the difference. You may ask the court to use the property's fair market value — rather than the sale price — to calculate any deficiency owed.

  Enter date of foreclosure sale:

  Tex. Prop. Code § 51.003

• Right of redemption after homeowners association assessment lien foreclosure sale: 180 days

  A homeowner may redeem property sold at an HOA assessment lien foreclosure by paying the purchaser's costs within 180 days of when the association mails notice of the sale. Because the clock starts at mailing — which may be before the sale date — the effective window after the actual auction may be shorter than 180 days.

  Enter date the association mails written notice of the sale to the owner:

  Tex. Prop. Code § 209.011(b)

• Right of redemption after property tax foreclosure sale (homestead property): 2 years

  The owner of a homestead sold at a property tax foreclosure sale may redeem it within two years by paying what the purchaser paid plus a redemption premium — 25 percent if redeemed in the first year of the redemption period, or 50 percent if redeemed in the second year.

  Enter date the purchaser's deed is filed for record:

  Tex. Tax Code § 34.21

These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.