Foreclosure And Eviction FAQ: Saving Your Home In East Texas
Last updated on April 21, 2026
How much time do I have to save my home after receiving a Notice of Sale in Texas?
You usually have at least 21 days between when you receive the formal Notice of Sale from your lender and when they can move forward with a foreclosure sale. During those 21 days, you have the right to reinstate your mortgage by paying all past due amounts, as well as any fees or penalties assessed. Texas does not allow for any post-foreclosure redemption, so you must act promptly.
Does filing for bankruptcy stop foreclosure immediately?
Yes, filing for bankruptcy can stop foreclosure immediately through a legal tool known as the automatic stay. However, it does not wipe out your lien or allow you to remain in possession without making payments. Instead, you will have to repay your debt through a court-approved repayment plan.
In Texas, lenders do not need a court order for foreclosure. Instead, they give at least 21 days’ written notice.
Can a Chapter 13 filing stop a Smith County or Gregg County foreclosure at the last minute?
Yes, a Chapter 13 bankruptcy provides an automatic stay that can protect your Smith County or Gregg County home from foreclosure. In cases where redeeming or reinstating your mortgage is not a realistic option, a prompt bankruptcy filing can halt all collection activity, including an imminent foreclosure.
Can I stop an eviction if I am behind on rent?
Yes, the landlord files a lawsuit in justice court, and the court normally requires full payment, but your lawyer can help you negotiate for partial payments to stop an eviction. On the other hand, in a hold-off agreement, you can enter into a payment plan with your landlord outside court to make up missed rent.
How do I catch up on missed mortgage payments?
To catch up on missed mortgage payments in Texas, you can:
- Request a repayment plan
- Ask for forbearance to temporarily pause or reduce payments
- Seek a loan modification
Alternatively, you can file for Chapter 13 bankruptcy, which allows you to create a three to five year court-approved repayment plan to pay back arrears.
What if I have a second mortgage?
If you are unable to make payments on a second mortgage, the lender has the right to start foreclosure proceedings if your home is worth more than what you owe them. However, if your home is worth less than what you owe on the first mortgage, foreclosure cannot happen.
Filing Chapter 13 may allow lien stripping, which can eliminate or significantly reduce the second mortgage. Our experienced bankruptcy attorney can evaluate whether this option is appropriate for your situation.
What is the “Texas Home Equity” foreclosure process, and how is it different?
If you fall behind on a home equity loan, then the foreclosure process must go through the civil courts. The lender sends you a notice of default warning you that you may have as little as 30 days to address the past-due amount. If you do not pay, your lender can file an expedited lawsuit seeking a court order. If a judge grants them foreclosure rights, then your lender can sell the property.
How quickly can I get protection for my home?
You can get protection for your home in Texas immediately upon filing for Chapter 13 bankruptcy, because it stops foreclosure proceedings.
Will a Chapter 13 bankruptcy help me keep my car along with my home in East Texas?
Yes, a Chapter 13 bankruptcy can protect your collateral property from repossession and foreclosure efforts. Even if you have not received formal notice of claims against your vehicle, Chapter 13 bankruptcy can help you renegotiate the terms of your loans and address other debts that may put pressure on your household budget.
Can an HOA in Texas actually foreclose on my home for unpaid dues?
Yes, your homeowners association (HOA) can foreclose on your home for any valid unpaid costs. Dues, fines imposed for noncompliance with community bylaws and assessment fees can all provide justification for HOA enforcement actions. Your HOA can seek a lien to compel you to pay. If you fail to do so, then they may initiate foreclosure proceedings, typically after 180 days or more. There is no minimum amount of HOA dues or fees required for an HOA foreclosure under Texas state law.
Talk To A Bankruptcy Attorney In Tyler
Do you want to stop foreclosure in Tyler, Texas? For over 25 years, William H. Lively, Jr. WHL, PLLC, has helped homeowners and renters across East Texas avoid foreclosure or eviction. Our lawyers have extensive experience handling bankruptcy cases in the local courts. Call us at 903-920-0008 or reach out online today to schedule your free consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.