When The House Is Foreclosed
Prop. Code 51.002 — 20 days to cure, then 21 days' notice of the sale
In Texas, a home under a deed of trust is usually sold by a public auction on the first Tuesday of a month, between 10 a.m. and 4 p.m., at the county courthouse or the area the county designates.
Twenty days to cure, first. For property used as the debtor's residence, the mortgage servicer must first send written notice by certified mail that the debtor is in default, giving at least 20 days to cure before the notice of sale can be given.
Then the notice of sale. Notice of the sale is given at least 21 days before it, by posting at the courthouse door, filing with the county clerk, and certified mail to each debtor. The county also posts filed notices on its website.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe house can be sold any day of the week | What the law actually doesThe first Tuesday of a month, between 10 a.m. and 4 p.m. |
| The assumptionThe first notice is the notice of sale | What the law actually doesA notice of default giving at least 20 days to cure comes first, for a residence |
| The assumptionA week's warning is enough | What the law actually doesAt least 21 days' notice of the sale |
Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed Texas attorney.
Sources for this section (1)
- Prop. Code 51.002 — Sale of real property under contract lien
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.