The calendar at a glance
| Step | What happens | Source |
|---|---|---|
| Missed payments | The servicer contacts the borrower under the loan documents. Federal servicing rules limit when a servicer can begin foreclosure and what it can do while a complete loss-mitigation application is pending. | Loan documents; federal servicing rules |
| Notice of default | For a residence, the servicer must first send a notice by certified mail giving the borrower at least 20 days to cure the default. | Prop. Code § 51.002(d) |
| Notice of sale | At least 21 days before the sale, the notice is posted at the courthouse door, filed with the county clerk, and sent by certified mail to each debtor. | Prop. Code § 51.002(b) |
| Sale | A public auction on the first Tuesday of the month (first Wednesday if the first Tuesday is January 1 or July 4), between 10 a.m. and 4 p.m., at the area of the courthouse the commissioners court designates. It begins at the time stated in the notice or within three hours after. | Prop. Code § 51.002(a), (a-1) |
| After the sale | The buyer receives a trustee's deed. If the sale brings less than the debt, the lender can sue for the difference within two years, and the borrower can ask the court to credit the home's fair market value. | Prop. Code § 51.003 |
Where to find foreclosure sale notices by county
Each county posts the notices of sale for that county, usually through the county clerk. These are the stable pages to start from. The notice for a specific property gives its sale date, time and place.
| County | Official page | What to look for |
|---|---|---|
| Harris | Harris County Clerk | The clerk's foreclosure sale notices |
| Fort Bend | Fort Bend County Clerk, search for foreclosures | The monthly list of properties and the sale location |
| Montgomery | Foreclosure sales and resales, Montgomery County Tax Office | The tax office's sale and resale listings. Mortgage foreclosure notices are filed with the county clerk |
| Waller | Waller County Clerk, foreclosure notices | Posted notices of sale |
| Grimes | Grimes County Clerk | Foreclosure sales are listed on the clerk's page |
| Austin | Austin County, foreclosure notices | Monthly foreclosure notices, listed by sale date |
What each stage means
Stage 1: behind on payments
Pre-foreclosure is the time between the first missed payment and the sale. Nothing has been posted yet, and the borrower still owns the home. This is the stage with the most choices, because the servicer's programs, a sale and a catch-up payment are all available.
Stage 2: notice of default
The notice states the amount needed to cure the default and the deadline, at least 20 days out. Paying that amount by the deadline cures the default. Letters from the servicer are worth opening, because they carry the dates and the contact for the loss-mitigation department.
Stage 3: notice of sale
The notice of sale fixes the date, time and place of the auction. The county clerk's office posts these notices (the Fort Bend County clerk, for example, publishes a monthly list), and the date is usually the next first Tuesday that is at least 21 days away.
Stage 4: sale day
The sale is a public auction. The lender or its trustee runs it, and bidders compete in person. A sale that is cancelled or postponed is decided by the servicer or the trustee, often because the loan was brought current, paid off or modified. See foreclosure and tax sale auctions, explained.
Stage 5: after the sale
The buyer takes title through the trustee's deed. Texas law does not give a borrower a general right to buy the home back after a non-judicial mortgage foreclosure sale (the redemption windows in the tax code apply to tax sales; see Texas tax sales). The buyer can then start the process to have the occupants leave, and the lender can pursue a deficiency within two years.
Options at each stage, and who handles them
Each option below is handled by a different person. Some of them are not real estate at all.
| Order to consider | Option | What it is | Who handles it | Watch for |
|---|---|---|---|---|
| 1 | Catch up (reinstate) | Pay the past-due amount and fees the servicer states. | The owner and the servicer | The exact amount and deadline are in the servicer's letter. |
| 2 | Loss mitigation | A repayment plan, forbearance or loan modification offered by the servicer. | The servicer, with help from a HUD-approved counselor or an attorney | Not a real estate service. Be wary of anyone who charges money up front for this. |
| 3 | Sell the home | List at market value and pay the loan from the proceeds at closing. Any equity goes to the owner. | The owner, a licensed real estate agent and a title company | The closing has to happen before the sale date, and the proceeds have to cover the payoff. |
| 4 | Short sale | Sell for less than is owed, with the lender's approval. | The owner, a licensed real estate agent and the lender | The lender's approval takes time. Ask an attorney or tax advisor about any remaining balance and its tax treatment. |
| 5 | Deed in lieu | The owner voluntarily deeds the home to the lender. | The owner and the lender, usually with an attorney, and a licensed real estate agent | A last resort. A sale or a short sale may work better first. The lender must agree. Ask about any balance owed. |
| 6 | Bankruptcy | A federal court process that can pause collection. | An attorney only | A legal decision with long-term effects. |
| Last | Do nothing | The sale goes forward on its date. | No one | Not advised. The owner can still owe a deficiency (see above). |
Choosing among these is where a real estate agent like Allen Markel can help, with the sale and the numbers. A HUD-approved housing counselor and an attorney can help with the other parts.
Free counseling is available from HUD-approved housing counselors. They help a homeowner understand the servicer's options and prepare to talk with the servicer. HUD's counselor referral line is 800-569-4287, and the CFPB's finder is at consumerfinance.gov/mortgagehelp.
Selling before the sale date: check the numbers first
A sale only works if the proceeds cover the loan and the costs. The simple test is value, minus the payoff (including past-due amounts, late fees and legal costs), minus the cost of selling.
| Line | Amount |
|---|---|
| Home value from recent sales | $300,000 |
| Loan payoff including past-due amounts and fees | -$255,000 |
| Commission at 5 percent (negotiable, not a standard rate) | -$15,000 |
| Texas title policy (state-regulated rate, TDI schedule effective March 1, 2026) | -$1,768 |
| Other closing costs, about 1 percent | -$3,000 |
| Left over for the owner | $25,232 |
Run it yourself with the Seller Net Sheet calculator, then compare it with the other routes in cash offer vs iBuyer vs agent.
What a real estate agent can and cannot do
A licensed real estate agent works on the sale of the property. The line between that and the other kinds of help is the point of this section.
An agent can
- Price the home against recent nearby sales and show what is left after the loan and the selling costs.
- Explain how a sale and a short sale work, and what the timeline looks like.
- List and market the home, and handle offers, the contract and the closing with a title company.
- Point the owner to a HUD-approved counselor, an attorney or a tax advisor.
An agent cannot
- Promise to stop, postpone or avoid a foreclosure.
- Negotiate a loan modification, forbearance or reinstatement as a paid service.
- Give legal or tax advice, or take a power of attorney over the owner's affairs.
- Ask for money up front, or ask the owner to sign over any interest in the home.
Federal and Texas law treat services that claim to stop a foreclosure or negotiate with a lender as regulated activities. Texas Business & Commerce Code chapter 21 regulates residential foreclosure consultants, and the CFPB's Regulation O (12 CFR part 1015) covers mortgage assistance relief services.
Special cases
- Home equity loans, reverse mortgages and some association liens. These usually need a court order before foreclosure, through an expedited process under Texas Rules of Civil Procedure 735 and 736, instead of the posted-notice route above.
- Active-duty service. Federal law gives servicemembers additional protections. An attorney or the base legal office can explain them.
- FHA, VA and USDA loans. Each has servicing rules and loss-mitigation options of its own. The servicer's letter and a HUD-approved counselor can say which apply.
- Inherited homes. An heir who inherits a home with a mortgage is dealing with the loan and the estate together. See probate and inheritance.
Red flags: foreclosure rescue scams
Official consumer guidance names the same warning signs again and again:
- Someone asks for a fee before doing anything.
- Someone promises to stop the foreclosure or promises a result.
- Someone tells the owner to stop paying the lender, or to stop talking to the lender.
- Someone asks the owner to sign over the deed, or to sign papers they have not read.
- A hard sell, or a deadline that cannot be checked against the notice.
A HUD-approved counselor does not charge for foreclosure help. HUD's counselor referral line is 800-569-4287, and the CFPB's finder is at consumerfinance.gov/mortgagehelp.
Public records can send signals that a home may be in financial trouble, and people in that spot are more open to scams. A real estate agent who works with foreclosure and tax-sale situations, like Allen Markel, can help spot these red flags, check a notice or a deadline against the official record, and look over papers with the owner before anything is signed. He cannot stop a foreclosure or promise a result.