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Texas · ForeclosureTexas foreclosure: the 20-day cure notice, 21 days' notice of sale and the first-Tuesday auction

For property used as the debtor's residence, the mortgage servicer must first send a certified-mail notice of default giving at least 20 days to cure before any notice of sale can be given. The notice of sale, stating the earliest time the sale will begin, must then be given at least 21 days before the sale by posting it at the courthouse door of each county where the property lies, filing a copy with each county clerk – the county also posts it on its website – and sending it by certified mail to each debtor; service is complete when mailed to the last known address. The sale is a public auction between 10 a.m. and 4 p.m. on the first Tuesday of the month – the first Wednesday when that Tuesday is January 1 or July 4 – in the area of the county courthouse designated by the commissioners court, and must begin at the time in the notice or within three hours after it (Tex. Prop. Code §51.002). If the sale price is below the debt, a deficiency suit must be brought within two years, and the debtor can ask the court to find the property's fair market value at the sale and offset any excess over the sale price (§51.003).

What the statutes set

  1. Cure notice (§51.002(d))

    Residence: certified-mail notice of default with at least 20 days to cure before notice of sale.

  2. Notice of sale (§51.002(b))

    21 days ahead: courthouse door, county clerk filing, certified mail to each debtor; county website posting.

  3. Sale day (§51.002(a), (a-1))

    First Tuesday, 10 a.m.–4 p.m., designated courthouse area; Wednesday if January 1 or July 4.

  4. Start time (§51.002(c))

    At the time in the notice or no later than three hours after.

  5. Deficiency (§51.003)

    Suit within two years; fair market value can offset the shortfall.

What the TC does on a listing in foreclosure

  • Look up the posted notice of sale on the county website and put the first-Tuesday date on the file.
  • Order the payoff or reinstatement figure from the servicer and send it to the title company.
  • Plan to close and fund before the sale date – the notice states the earliest time the sale can begin.

Questions about Texas foreclosure

When are foreclosure sales held in Texas?

On the first Tuesday of the month between 10 a.m. and 4 p.m., at the county courthouse area designated by the commissioners court; if that Tuesday is January 1 or July 4, on the first Wednesday (Tex. Prop. Code §51.002(a), (a-1)).

How much notice must a Texas homeowner get before a foreclosure sale?

First a certified-mail default notice giving at least 20 days to cure, then a notice of sale at least 21 days before the sale (Tex. Prop. Code §51.002(b), (d)).

Related guides

Put the first-Tuesday sale date and the payoff request on the deal as dated tasks in ClosingCode.

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Sources: Tex. Prop. Code §§51.002, 51.003 (statutes.capitol.texas.gov), read October 29, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.