Originally published on May 25, 2025

If your home is at risk of foreclosure in Texas and the sale has already been scheduled, you might feel like you’re out of options. But you’re not alone—and more importantly, you may still be able to take legal steps to stop or delay the foreclosure, even late in the process.

In this post, we’ll walk you through your rights, options, and strategies for stopping a scheduled foreclosure in Texas—and how to act fast to protect your property.

Understanding the Foreclosure Process in Texas

Texas is a non-judicial foreclosure state, meaning lenders don’t need court approval to foreclose on your home. Most foreclosures involve:

  • Missed mortgage payments
  • Notice of Default and Intent to Accelerate
  • Notice of Sale (posted and mailed at least 21 days before sale)
  • Foreclosure sale on the first Tuesday of the month

Once the Notice of Sale is sent, time is short—but legal options still exist.

Option 1: Reinstating the Loan

The most direct way to stop a foreclosure is to reinstate the loan. This means paying the missed payments, interest, and fees in a lump sum before the sale date.

Under Texas law and most loan agreements, borrowers have the right to reinstate the loan up until the day before the scheduled sale. Contact your lender or their attorney to request the full reinstatement amount in writing.

Option 2: Filing for Bankruptcy

Filing for Chapter 7 or Chapter 13 bankruptcy immediately stops foreclosure through the automatic stay—a federal court order that halts all collection actions.

  • Chapter 13 bankruptcy allows you to catch up on arrears over 3–5 years
  • Chapter 7 bankruptcy delays the sale temporarily and may eliminate other unsecured debts

Timing is crucial: The bankruptcy must be filed before the sale occurs. Filing even a day late won’t stop the foreclosure. Always consult with a bankruptcy attorney immediately if you are considering this option.

Option 3: Apply for a Loan Modification or Forbearance

If you qualify, your lender may agree to pause foreclosure while evaluating a loan modification, forbearance, or other relief program. This option is more likely if:

  • You recently experienced hardship (job loss, illness, etc.)
  • You are employed and can resume payments with a modified plan
  • You act early—before the sale date is too close

Request a written confirmation that the sale will be postponed while your application is under review.

Option 4: File a Temporary Restraining Order (TRO)

If the foreclosure was initiated improperly—such as insufficient notice, errors in the default letter, or outright fraud—you may be able to obtain a Temporary Restraining Order from a Texas district court to stop the sale.

This requires:

  • A verified petition outlining the legal violations
  • A request for a TRO and preliminary injunction
  • Usually a bond (set by the judge) to secure the order

This is a complex legal procedure, and it must be filed and heard by a judge before the sale date. TROs are typically granted in emergency situations with strong supporting evidence.

Option 5: Redeeming the Property After the Sale

In most Texas non-judicial foreclosures, there is no right of redemption after the sale. Once the sale is complete and the trustee’s deed is recorded, the property is gone.

However, a limited redemption period may apply in:

  • Tax foreclosure cases
  • Judicial foreclosures (less common)
  • Certain HOA lien foreclosures

Act before the sale if possible. Waiting until after the foreclosure limits your options significantly.

Protecting Yourself From Scams

Unfortunately, foreclosure scams are common. Be wary of anyone who:

  • Guarantees they can stop foreclosure for a fee
  • Asks you to sign over your deed
  • Promises you can “walk away” without consequences

Work only with licensed attorneys, HUD-approved housing counselors, or trusted nonprofit agencies.

How Guerra Days Law Group Can Help

If your home is in foreclosure and the sale has been scheduled, time is everything. At Guerra Days Law Group, we move quickly to evaluate your legal options, communicate with lenders, and file emergency legal actions when appropriate. We’ve helped countless Texas homeowners stop or delay foreclosure—and reclaim their peace of mind.

Contact us today for an urgent consultation. The sooner you act, the more options we can offer to protect your home and your future.