Texas

For homeowners facing foreclosure in Texas, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Texas can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Texas can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Texas law requires two foreclosure notices:

  • The mortgage servicer, which manages a mortgage for a bank, must send the homeowner a notice of default and intent to accelerate, or a demand that the entire balance of the loan be repaid that allows at least 20 days to cure the default.
  • After the cure period ends, and at least 21 days before the foreclosure sale, the mortgage servicer then sends a notice of sale to each homeowner.

Texas Foreclosure Protections

Texas law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In Texas, a homeowner can cure the default and reinstate the loan within 20 days after the bank serves the notice of default and intent to accelerate.

In Texas, however, you cannot redeem your home following a foreclosure.

Deficiency Law

In Texas, the bank can request a deficiency judgment after a foreclosure. To get a deficiency judgment after a nonjudicial foreclosure, the bank has to file a lawsuit within two years after the foreclosure sale.

Eviction Notice

In Texas, if the homeowner doesn’t leave the home after a foreclosure sale, the buyer has to give a notice to move out before initiating an eviction lawsuit or forcible detainer action. For information regarding how to avoid foreclosure in Texas, visit HUD.gov.

Texas

For homeowners facing foreclosure in Texas, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Texas can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Texas can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

Texas law requires two foreclosure notices:

  • The mortgage servicer, which manages a mortgage for a bank, must send the homeowner a notice of default and intent to accelerate, or a demand that the entire balance of the loan be repaid that allows at least 20 days to cure the default.
  • After the cure period ends, and at least 21 days before the foreclosure sale, the mortgage servicer then sends a notice of sale to each homeowner.

Texas Foreclosure Protections

Texas law provides protections in accordance with the federal Service Members Civil Relief Act.

Reinstatement and Redemption

In Texas, a homeowner can cure the default and reinstate the loan within 20 days after the bank serves the notice of default and intent to accelerate.

In Texas, however, you cannot redeem your home following a foreclosure.

Deficiency Law

In Texas, the bank can request a deficiency judgment after a foreclosure. To get a deficiency judgment after a nonjudicial foreclosure, the bank has to file a lawsuit within two years after the foreclosure sale.

Eviction Notice

In Texas, if the homeowner doesn’t leave the home after a foreclosure sale, the buyer has to give a notice to move out before initiating an eviction lawsuit or forcible detainer action. For information regarding how to avoid foreclosure in Texas, visit HUD.gov.

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