Texas is a non-judicial foreclosure state with the longest notice period in the nation — 180+ days minimum. You do not receive a Summons. Instead, you receive a Notice of Default and Notice of Sale. To stop the sale, you must file a civil lawsuit in Texas District Court.
Texas uses a non-judicial foreclosure process under the deed of trust. You will never be served with a Summons and Complaint for foreclosure in Texas. Instead, the lender sends notices and posts the sale at the county courthouse. To stop a Texas foreclosure, you must file a lawsuit as the plaintiff. Texas has the longest minimum timeline in the country — at least 180 days — giving you substantial time to prepare.
Texas Foreclosure Timeline — The Longest in the Nation
Acceleration letter → 4.5% notice letter (20 days before acceleration, if applicable) → Notice of Default → 180+ day minimum waiting period → Notice of Sale posted at courthouse 21 days before sale → First Tuesday auction. Total: approximately 200+ days minimum.
Confirm Your Timeline: 180+ Days From Default
Texas Property Code § 51.002 requires at least 180 days from the date of default before a sale can proceed. If you received a Notice of Sale, the auction is at least 21 days away. Texas sales occur on the first Tuesday of each month.
Prepare Your Original Petition
Your lawsuit begins with an Original Petition (Texas's name for a complaint). Allege: wrongful foreclosure, violations of the Texas Property Code, Texas Debt Collection Act violations, TDCA claims, fraud, breach of contract, or lack of standing to foreclose.
File in Texas District Court & Request TRO
File your Original Petition in the District Court in the county where the property is located. If the sale date is approaching, simultaneously file an Application for Temporary Restraining Order. Texas Rule of Civil Procedure 680 governs TROs.
File a Lis Pendens
Record a Lis Pendens (Notice of Lis Pendens) in the county property records to give public notice that the property is the subject of litigation. This clouds title and may discourage third-party bidders at the auction.
Serve the Defendants
Serve the lender, trustee, and substitute trustee (if applicable). In Texas, defendants typically have 20+ days to answer after service (Monday after 20 days for in-state service).
| Foreclosure Type | Non-Judicial (deed of trust, Tex. Prop. Code § 51.002) |
| Minimum Timeline | 180+ days from default (longest in the nation) |
| Notice of Sale | Posted at courthouse door 21+ days before sale |
| Sale Day | First Tuesday of each month (10AM-4PM) |
| Court for Lawsuit | Texas District Court (county of property) |
| Filing Fee | $300-$750 (varies by county) |
Texas gives homeowners the most time of any state. Use this time strategically to build your case and file your lawsuit.
Get Help Today