Austin Homeowners

Austin Foreclosure Defense
Document Preparation

Facing foreclosure in Austin? Texas is a non-judicial foreclosure state — the process can complete in approximately 60 days, among the fastest in the nation. Travis County District Court is generally where civil lawsuits are filed to halt a first-Tuesday auction, and the Travis County District Clerk maintains the court records. The Travis County Clerk handles recording of foreclosure notices. TX Constitution Art. 16 § 50 provides strong homestead protections. We prepare civil complaints, TRO applications, and all Travis County-ready documents to help Austin homeowners fight back before the auction date.

Travis County District Court

1000 Guadalupe St — Austin, TX 78701

~60 Day Timeline

Non-judicial — among fastest in the nation

Travis County Clerk & District Clerk

Notice recording & court document filing

Pro Se Document Prep

Prepared for Travis County filing

Austin Foreclosure Process

How Foreclosure Works in Austin / Travis County

Texas is a non-judicial foreclosure state under TX Property Code § 51.002. The process can move very quickly — generally around 60 days from start to auction — among the fastest timelines in the country. The lender typically issues a 20-day notice to cure the default, followed by a 21-day Notice of Sale posted at the Travis County Courthouse and filed with the Travis County Clerk. The sale generally occurs on the first Tuesday of the month at the courthouse at 1000 Guadalupe St. There is generally no post-sale right of redemption for standard non-judicial foreclosures in Texas, so pre-sale action is the homeowner's primary recourse. Filing a civil lawsuit in Travis County District Court and seeking a temporary restraining order (TRO) is generally the method to halt the auction. TX Constitution Article 16 § 50 provides among the strongest homestead protections in the nation. Homeowners should consult with a qualified Texas attorney to evaluate their specific legal options.

Travis County Non-Judicial Foreclosure Timeline

1

Notice of Default & 20-Day Cure — TX Prop Code § 51.002(d)

The lender sends a Notice of Default giving the borrower 20 days to cure (bring the loan current). Among the shortest cure periods in the country. You may also receive a separate breach letter from the servicer. The 20-day clock generally starts when the notice is sent — do not wait to seek help.

2

Notice of Sale — 21 Days — Travis County

A Notice of Sale must be posted at the Travis County Courthouse at 1000 Guadalupe St (generally at the courthouse door or designated posting area) and filed with the Travis County Clerk at least 21 days before the first-Tuesday auction. The notice specifies the date, time, and place of sale. Strict compliance is required — defective notices may support legal challenges.

3

First Tuesday Auction — Travis County

Generally held on the first Tuesday of each month at the Travis County Courthouse, 1000 Guadalupe St, Austin, TX 78701. There is generally no post-sale right of redemption for standard non-judicial foreclosures in Texas. Filing a civil lawsuit in Travis County District Court and obtaining a TRO before the sale is the primary method to halt the auction. We prepare the complaint and TRO application — you file with the Travis County District Clerk.

TX non-judicial foreclosure can complete in approximately 60 days. Generally no post-sale redemption. File a civil lawsuit and seek a TRO in Travis County District Court before the first-Tuesday auction.

Texas & Travis County Homeowner Protections

  • Homestead Protection: TX Constitution Art. 16 § 50 — among strongest in the US. Protects your primary residence in Travis County from forced sale by most creditors (does not prevent foreclosure by your mortgage lender).
  • 21-Day Notice: TX Prop Code § 51.002 requires strict compliance. A defective Notice of Sale may support a legal challenge.
  • HELOC § 50(a)(6): Strict requirements for home equity loans. Violations may void the lien.
  • Deficiency: Fair market value determination under TX Prop Code § 51.003. Homestead may limit or eliminate deficiency exposure depending on the specific facts.
Austin FAQ

Austin Foreclosure FAQs

Act Now — TX Timeline Is Fastest In US

Facing Foreclosure in Austin?
Get a Free Case Review Today

Texas non-judicial foreclosure can complete in approximately 60 days. There is generally no post-sale right of redemption — pre-sale action in Travis County District Court is the homeowner's primary recourse. We prepare every document you need to file before the first-Tuesday auction. Free consultation. No obligation.