State Foreclosure Law

Texas Foreclosure Laws

In Texas, a foreclosure sale can happen as few as 41 days after the first required notice. Texas also has a homestead exemption with no dollar cap.

Process
Non-Judicial
Usual process; judicial foreclosure is also available §
Average Foreclosure Length
155 days
ATTOM average, Q2 2026: from the start of the foreclosure process to completion, for properties that completed foreclosure in Q2 2026. §
Homestead Exemption
UNLIMITED dollar amount
Automatic · the rule §
Deficiency Judgment
Limited
Allowed (with limitations) §
47 source pages cited · Last checked Mar 5, 2026
Not legal advice. This page provides general information about Texas foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Texas-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Texas foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
Tex. Prop. Code Chapter 51 Provisions Relating to Conveyances (Power of Sale Foreclosure) Non-judicial foreclosure process, notice requirements, sale procedures, trustee duties, deficiency judgment rules, surplus funds, armed forces notice requirement
Tex. Prop. Code Chapter 41 Interests in Land Exempt from Seizure (Homestead Exemption) Homestead definition, acreage limits, exempt property designation, temporary renting provisions
Texas Constitution Art. XVI, Sec. 50-51 Homesteads (Constitutional Provisions) Permitted liens against homestead (eight categories), spousal joinder requirement, home equity loan restrictions, reverse mortgage provisions
Tex. Civ. Prac. & Rem. Code 16.035 Limitation on Real Property Lien Foreclosure Four-year statute of limitations for foreclosure of real property liens
Tex. Civ. Prac. & Rem. Code 16.038 Rescission of Acceleration of Maturity Date Lender's ability to unilaterally rescind acceleration and reset the statute of limitations by written notice
Tex. Prop. Code Chapter 24 Forcible Entry and Detainer Post-foreclosure eviction process, notice to vacate requirements, tenant protections
Tex. Penal Code 38.12 Barratry and Solicitation of Professional Employment Criminal penalties for illegal solicitation of legal clients, runner prohibition, 31-day blackout period for accident/disaster and defendant solicitation

Texas Foreclosure Process and Your Rights

Texas uses non-judicial foreclosure. In Texas, foreclosures that finished in the second quarter of 2026 took an average of 155 days from the start of the foreclosure process to completion, according to ATTOM. §

  • Paying to stop the foreclosure: At least 20 days from the date the default notice is sent. §
  • After the sale: Texas has NO post-sale redemption for mortgage foreclosures — you cannot pay the debt and get the property back. A completed trustee's sale of a home can still be undone in some cases: the lender or trustee can rescind it within 15 days for listed reasons, and the law also allows a lawsuit to rescind a sale (Tex. Prop. Code 51.016). (Tax lien foreclosures are different: 2 years for a residence homestead, agricultural land, or a mineral interest, and 180 days for other property.) §
  • Homestead exemption: UNLIMITED dollar amount. Texas caps only acreage: 10 acres in a city, 200 acres for a rural family, 100 acres for a rural single adult. The exemption does not protect against liens the law allows on a homestead, such as a purchase-money mortgage or property taxes. §
  • Mediation: We have no statewide foreclosure mediation program on file for Texas.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Texas foreclosure guide →

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Regulatory Oversight & Complaint Filing

Texas homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
Texas Department of Savings and Mortgage Lending
Phone: 1-877-276-5554
File a complaint →
Attorney General — Consumer Protection
Texas Office of the Attorney General
Phone: 1-800-252-8011
File a consumer complaint →
Housing Finance Agency
Texas Department of Housing and Community Affairs
Phone: 1-800-525-0657
Foreclosure prevention resources →

Special Foreclosure Types in Texas

Beyond the standard non-judicial foreclosure process, Texas law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Property owners' association (POA) assessment liens may be foreclosed through an expedited judicial process. §
Before filing an assessment lien, the POA must send the owner a first delinquency notice by first class mail or e-mail and a second notice by certified mail no earlier than the 30th day after the first, and it may not file the lien before the 90th day after the second notice (Property Code 209.0094, as amended effective September 1, 2023).
Tax Lien Foreclosure
Tax deed sale state. §
Residential homestead, land designated for agricultural use, and mineral interests: on or before the second anniversary of the date the purchaser's deed is filed for record.
Land Contract Protections
Land contracts are common in this state. Buyer protections exist. §
Texas Property Code Chapter 5 (Subchapter D) provides significant protections for purchasers under executory contracts (contracts for deed).
Manufactured & Mobile Home Rules
Personal property by default. §
Texas Manufactured Housing Standards Act (Occupations Code Chapter 1201) governs manufactured housing.
Reverse Mortgage (HECM)
State-specific rules apply beyond federal HECM requirements. §
Texas Constitution Art. XVI Sec. 50(a)(7) governs reverse mortgages as one of the eight permitted liens against homesteads.
Zombie Mortgage Protections
The general 4-year statute of limitations for foreclosure of real property liens (CPRC 16.035) provides some protection against stale liens: when the period expires, the lien and the power of sale become void. §
A lender can reset the period by serving written notice rescinding an acceleration before the limitations period expires (CPRC 16.038).
PACE Lien Assessment
PACE financing is authorized. §
PACE assessments are treated as a first and prior lien against the real property with the same priority as ad valorem tax liens (super-priority).

Lien Priority in Texas

First in time, first in right. Texas is a race-notice recording state. Liens are prioritized based on recording date, with statutory exceptions for property taxes and certain other super-priority liens.

Property Tax Liens
Super-priority status. Tax sale can extinguish a first mortgage. §
The officer conducting the sale must give written notice of the sale, in the manner Rule 21a of the Texas Rules of Civil Procedure prescribes, to each person who was a defendant to the judgment or that person's attorney; a failure to send or receive that notice does not by itself invalidate the sale (Tax Code 34.01(c)-(d)).
Mechanic's Lien
Relation-back doctrine applies. §
Under Property Code Chapter 53, a mechanic's lien attaches to the house, building, or improvements in preference to any prior lien, encumbrance, or mortgage on the land on which improvements are located. However, the mechanic's lien does NOT affect any lien on the land or improvement that existed at the inception date of the mechanic's lien. The inception date is the commencement of construction or delivery of materials. All subcontractor liens under the same original contract relate back to this inception date. An Affidavit of Commencement may be jointly filed within 30 days of commencement. Note: for homestead property, a written contract is required to support a mechanic's lien (Art. XVI Sec. 50(a)(5)).
Municipal Utility Liens
No statutory super-priority for municipal utility liens identified in Texas law.
General first-in-time priority rules apply.
IRS Tax Lien
Federal tax liens filed with the county clerk take priority based on their filing date relative to other recorded liens, under 26 U.S.C. 6323.

Texas uses a race-notice recording statute. Property tax liens have absolute super-priority under Tax Code 32.05, taking precedence over all other claims including purchase money mortgages.

Statute of Limitations in Texas

Mortgage Foreclosure
4 years §
The day the cause of action accrues — generally the maturity date of the note, or when the lender exercises the acceleration option. After acceleration, the lender has 4 years to foreclose. CRITICAL: Under CPRC 16.038 (effective June 2015), the lender may unilaterally rescind acceleration by sending written notice before the limitations period expires, resetting the SOL. The Texas Supreme Court has held that a lender may simultaneously rescind acceleration and re-accelerate in the same letter.
Written Contracts
4 years §
Promissory Note
6 years after each due date stated in the note, or after the accelerated due date if the note is accelerated (Bus. & Com. Code 3.118(a), for a note payable at a definite time); 4 years for foreclosure on the lien securing the note (CPRC 16.035). Note: the SOL for personal liability on the note (6 years under UCC) may differ from the SOL for lien foreclosure (4 years under CPRC 16.035). §
Deficiency Judgment
2 years from the date of the non-judicial foreclosure sale; in that suit, the person sued can ask the court to determine the property's fair market value (Property Code 51.003). After a court-ordered foreclosure sale, anyone obligated on the debt, including a guarantor, can bring a separate fair market value suit no later than the 90th day after the sale (Property Code 51.004); a guarantor who already has a judgment against it has a similar right (Property Code 51.005). §
Counted from: Date of the foreclosure sale
Zombie Lien Protections
No specific zombie lien statute. §
The general 4-year statute of limitations for lien foreclosure (CPRC 16.035) provides some protection: when the period expires, the lien and the power of sale become void.

Probate & Inheritance in Texas

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Texas law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
If the borrower is deceased, the trustee must mail notice of sale to the debtor's last known address.
Heir Protections
An heir may seek confirmation as a successor in interest and submit a loss-mitigation application.
Executor Reinstatement Rights
The executor or personal representative may reinstate the mortgage by curing the default.
No specific Texas statute sets a deadline for estates to resolve before foreclosure proceeds. The standard foreclosure timeline continues regardless of probate status, though the estate's personal representative may invoke the 20-day cure right and pursue loss mitigation.
Garn-St. Germain Act
12 U.S.C. 1701j-3 applies in Texas and prohibits lenders from accelerating the loan or enforcing due-on-sale clauses for: transfers upon death to relatives, transfers to spouse or children, transfers resulting from divorce, and transfers into family living trusts where the borrower remains a beneficiary.
Uniform Partition of Heirs Property Act (UPHPA)
Adopted in 2017.
UPHPA provides protections for co-owners of inherited property facing partition.

Consumer Protection & Compliance in Texas

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Texas.

UDAP Statute
Texas Deceptive Trade Practices — Consumer Protection Act (DTPA)
Attorney Advertising Rules
Governed by State Bar of Texas (Advertising Review Committee); Supreme Court of Texas. §
Key requirements: All communications about a lawyer's services must not be false or misleading (Rule 7.01); Must publish the name of a lawyer responsible for the advertisement's content (Rule 7.02).

Legal Aid & Pro Bono Resources in Texas

Find Help in Texas

We maintain a verified directory of free and low-cost help providers in Texas. All are government-approved or federally funded.

50 HUD-approved housing counselors Free foreclosure prevention counseling 3 Legal aid offices Free legal representation for qualifying homeowners 46 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 59 Debtor education providers Required post-filing debtor education courses

Browse all 158 providers in Texas →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Texas.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Texas Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Texas homeowners:

Foreclosure Filings
National trend
National foreclosure filings. Texas mainly uses non-judicial foreclosure (trustee's sales outside court).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in Texas? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in Texas

General information, not legal advice.

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Free help also exists in Texas: the Texas Attorney General Consumer Protection Hotline at 1-800-252-8011, or a HUD-approved housing counselor at no cost.