How foreclosure works in Texas
Most Texas home loans use a deed of trust that allows nonjudicial foreclosure, meaning the lender doesn't have to go through a lawsuit. That's why the timeline can be shorter than people expect. For a primary residence, the general steps are:
- Notice of default. The lender sends written notice and must generally give you at least 20 days to catch up.
- Notice of sale. At least 21 days before the sale, the notice is mailed to you and posted or filed with the county.
- Foreclosure sale. Sales are held on the first Tuesday of the month at the location the county designates. For Killeen and Harker Heights that's Bell County; for Copperas Cove it's usually Coryell County.
Active duty? If your mortgage was taken out before you entered service, the Servicemembers Civil Relief Act may give you extra protection from foreclosure. The legal assistance office on Fort Hood can review your situation for free.
Your options
- Reinstatement: pay the past-due amount plus fees to bring the loan current.
- Loan modification or forbearance: ask your lender about changing terms or pausing payments. A free HUD-approved housing counselor can help; call 800-569-4287 to find one.
- Sell before the sale date: if you have equity, a sale pays off the lender and you keep what's left.
- Short sale: if you owe more than the house is worth, the lender may agree to accept less.
- Deed in lieu: hand the property back to the lender in exchange for releasing the debt, if they'll agree to it.
Why timing matters
Every month you fall further behind, late fees, legal fees and interest get added to what you owe, and that eats into your equity. If the house goes to auction, any equity you had can be lost. A sale that closes before the sale date pays the lender directly through the title company, and the remaining proceeds come to you.
We'll look at your numbers honestly. If reinstating or modifying your loan is the better move, we'll tell you.