Your Foreclosure Notice, Explained

Got a Foreclosure Notice?

What each Texas notice actually means, how many days it really gives you, and what to do next. Not sure whether anything has been filed? We can check for you.

Which notice did you get?

Foreclosure in Texas runs on notices, and they do not all mean the same thing. Some are warnings. One of them sets a date. Find yours below.

Warning — the clock has not started

Demand letter / notice of intent to accelerate

Your servicer’s formal statement that you are in default and that it intends to call the entire loan due unless the arrears are paid. On a residential homestead you are generally given at least 20 days to cure. This is a warning, not a sale date — and it is the widest your options will be from here on.

The loan is now due in full

Notice of acceleration

The cure period has passed and the lender has called the whole balance due. Paying only the missed payments no longer resolves it by default, though lenders will often still work with you. The next step available to them is posting the property.

A date now exists

Notice of trustee’s sale / substitute trustee’s sale

This is the one that sets a date. It must be filed with your county clerk, posted at the courthouse and mailed to you at least 21 days before the sale. The sale itself is held on the first Tuesday of the month. If you are holding this notice, count the days — do not estimate them.

Do not have the notice in front of you?

Plenty of homeowners never receive one, lose it, or are not sure whether anything has actually been filed. We can find out for you. Notices of sale are recorded with the county, and we can check whether your property has been posted and what date is attached to it. It costs nothing and you do not need to have any paperwork to ask.

What a posted sale actually means

Texas is a non-judicial foreclosure state. Your lender does not have to sue you or appear before a judge to sell your home, which is why the process can run in as few as 41 days from first notice to auction. Sales happen on the courthouse steps of the county where the property sits — Dallas, Tarrant, Collin, Denton or Rockwall for the homeowners we work with.

A posted date is not automatically the end. Sales get cancelled, postponed and resolved every month. But every route to that outcome takes time, and the posting is the point at which time stops being abundant.

What to do the day a notice arrives

  • Read the date and write it down. Everything else depends on how many days are actually left, not how many it feels like.
  • Do not stop talking to your servicer. Avoiding the calls closes doors they are otherwise required to keep open.
  • Do not pay anyone an upfront fee to “stop” it. Regulators warn about this specifically, and you should not have to pay to find out where you stand.
  • Find out what is still available to you — reinstatement, a repayment plan, forbearance, a modification, or protecting the equity you have built. Which apply depends entirely on the date on that notice.

What this costs you

Nothing. Bring us the notice, or let us look up whether one exists. We will tell you what it means, what date you are actually working against, and every option still open — including the ones that do not involve us. There is no fee, no retainer and nothing to sign. We are not attorneys and not financial advisors; we are DFW foreclosure specialists and have been since 2017.

Keep reading

Texas notice requirements, the 20-day cure period on residential homestead property, the 21-day notice of sale and first-Tuesday sale dates reflect Texas Property Code § 51.002. This page is general information about the foreclosure process, not legal advice, and no outcome is guaranteed.

Bring us the notice — or let us find it.

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