A Notice of Sale is the formal notice that a Texas non-judicial foreclosure auction has been scheduled. If you have received one, the clock is short — but not over. You typically still have options.

This article is educational only. It is not legal advice.

What the notice is

Under Texas Property Code section 51.002, the trustee must:

  • Post the Notice of Sale at the courthouse door of the county where the property is located.
  • File a copy with the county clerk.
  • Mail a copy to the debtor at their last known address.

All three must be done at least 21 days before the sale date.

What the notice includes

  • The date, time, and location of the sale.
  • A description of the property.
  • The name of the mortgagee and trustee.

Sales occur on the first Tuesday of the month between 10 a.m. and 4 p.m. at the location the county has designated (usually the courthouse).

What to do the day you receive it

1. Read every page carefully

Confirm the property description and the date. Save the envelope; keep everything together.

2. Call your loan servicer

Ask for:

  • The current reinstatement amount and its good-through date.
  • The current payoff amount and its good-through date.
  • Whether any loss-mitigation applications are still open.

Get answers in writing when possible.

3. Talk to a HUD-approved housing counselor

Call 1-800-569-4287. This help is free.

4. Consider your four paths

  • Reinstate if you can access the past-due amount.
  • Modify if the servicer will work with you and there is time.
  • Sell — traditionally or to a cash buyer — before the sale date.
  • Legal options such as bankruptcy, which only an attorney can advise on.

5. Do not ignore the mail

Most bad foreclosure outcomes come from silence, not from bad options.

Can the sale be postponed or cancelled?

Yes, in some cases. A sale can be postponed by the servicer if, for example, a full reinstatement is received, a workout is approved, or a signed purchase contract with a payoff-covering price is in place. A bankruptcy filing before the sale can also stop it, subject to bankruptcy court rules. A Notice of Sale is not the final word — but you must act, and you must act early.

What not to do

  • Do not sign over your deed to anyone promising to "save" your home unless a licensed attorney has reviewed the paperwork.
  • Do not pay upfront fees to anyone promising a guaranteed modification.
  • Do not assume the auction will not happen.

If you have a Notice of Sale in hand, the most powerful thing you can do is get organized today. The paths available on day 21 are usually more than the paths available on day 3.