Summary of Texas Foreclosure Laws

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If you are facing foreclosure in Texas, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Texas
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Texas foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.


State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Notice of the foreclosure

Foreclosing party must serve notice of default to borrower by certified mail 20 days before serving notice of sale. Notice of sale must be served (mailed) to borrower 21 days before sale. Foreclosing party must also post notice of sale on courthouse door and file it in the office of the county clerk.

Reinstatement of loan before sale

Available within 20 days after foreclosing party serves (mails) the notice of default

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages


Special state protections for service members

Statutes of limitations are tolled for those under a “legal disability” who are entitled to sue for the recovery of real property or entitled to make a defense based on the title to real property. (The definition of “legal disability” includes those serving in the United States Armed Forces during time of war.) Tex. Civ. Prac. & Rem. Code § 16.022

Deficiency judgments

Allowed after a nonjudicial foreclosure if foreclosing party brings separate lawsuit within two years of sale. Amount may be determined by fair market value of the property, if borrower requests it.

Cash exempted in bankruptcy

About $12,725 for one person, $25,450 for a married couple under federal bankruptcy exemptions

Notice to leave after house is sold

New owner must serve former owner with three-day notice to quit (leave) and then file eviction (forcible detainer) lawsuit.

Foreclosure statute

Tex. Prop. Code Ann. §§ 51.002 to 51.003

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