Behind on payments?
Find your next step.
Keep the house. Ask for more time. Or see what selling could leave you.
Start with where you are today.
What has happened so far?
Choose the step that matches your latest letter or notice.
You have missed payments.
Your home has not been sold just because you fell behind. Ask for help early.
Call your mortgage company.
Use the number on your statement. Ask: “What do I owe, what help can I get, and what is my deadline?”
Learn more about this step
For loans covered by the federal rule, the first foreclosure notice or court filing generally cannot happen until you are more than 120 days behind. Exceptions apply. The company collecting your mortgage payments is called your servicer.
Find out what debt caused the notice.
Unpaid property taxes and homeowners association (HOA) fees have different rules. Home-equity loans and some reverse mortgages need court approval. The usual mortgage timeline may not apply.
Show the notice to a Texas lawyer.
A lawyer or housing counselor can help you understand the notice and your next deadline. Bring every page.
What do these words mean?
Pre-foreclosure: The time before a foreclosure sale.
Foreclosure: The legal process used to sell a home to collect an unpaid debt tied to it.
Servicer: The company that collects your mortgage payments.
Trustee: The person named in the notice who handles the auction.
An online auction listing may be out of date. Check with your mortgage company or the trustee.
Need more time?
A last-minute delay may be possible. Asking for one does not stop the auction.
Can the auction be stopped with less than 24 hours left?
Sometimes, yes—before the sale happens. There is no automatic 24-hour or 30-day extension. Call your mortgage company, the auction trustee, and a Texas foreclosure lawyer now.
- The lender agrees to hold the sale. Ask for the foreclosure department. Explain your plan and request an urgent decision. Get any agreement in writing and check that the trustee received it.
- A judge orders a stop. A lawyer can check for legal grounds and seek an emergency court order. Asking a judge is not the same as getting an effective order.
- A bankruptcy stay applies. Filing a bankruptcy petition can pause a sale immediately. Eligibility, earlier cases, and court orders can change that. Speak to a bankruptcy lawyer before filing.
- The debt is paid or brought current in time. Ask for the exact amount, accepted payment method, and cutoff. Do not assume you can still catch up on auction day.
A legal stay does not depend on the lender agreeing. Have your lawyer confirm it applies and promptly notify the people handling the sale.
A special Monday deadline for some foreclosures
If your papers mention Texas Rule 736, call a lawyer immediately. A qualifying separate lawsuit filed before 5 p.m. on the Monday before the sale automatically stays that proceeding or order. The lawsuit must challenge the loan or lien in the proper court. Prompt notice to the foreclosing party or its lawyer and the trustee is required, followed by a motion and proposed order in the Rule 736 case within 10 days.
This can involve home-equity loans, certain reverse mortgages, property-tax loans, or HOA liens. It does not apply to every foreclosure. A response in the existing case is not the separate lawsuit this rule requires.
What should I say when I call?
Use the number on your mortgage statement. Write down who you spoke to, the date, and your case number. Keep copies of what you send.
Can I stop the sale by paying?
Ask what you must pay to catch up or pay off the loan. Get the amount, payment method, and deadline in writing. Your right to catch up may end before auction day. The loan terms, law, or lender’s agreement control.
Paying the full required amount on time can fix the missed payments or pay off the debt. A partial payment alone does not stop the sale. Confirm that the payment arrived and the auction was canceled with both your mortgage company and the trustee. A signed closing document or a wire still in transit is not proof the debt was paid.
What does not stop the auction by itself?
Putting the house up for sale, signing a sale contract, leaving a voicemail, making a partial payment, or filing a complaint. An application alone does not guarantee a hold; some applications and approved plans carry legal protections.
An ordinary lawsuit alone usually does not stop a nonjudicial mortgage auction. Rule 736 has a specific exception, explained above. Ask a Texas lawyer which rule applies.
Military service or a special loan program?
Tell your lawyer and mortgage company about current or recent military service. Federal law generally requires a court order or valid waiver to foreclose on a qualifying pre-service mortgage during service and for one year afterward.
Also ask who owns or guarantees your loan. FHA, VA, USDA, Fannie Mae, or Freddie Mac rules may offer additional options. There is no single extension deadline for all of them.
Do you want to keep your home or sell it?
Choose an option to see what to do next.
When does selling to Saving Grace make sense?
Our offer may be lower than a price you could get by putting the home on the market. Compare costs and timing, too.
What if the sale price is less than I owe?
You may need extra money or lender approval. In a short sale, lenders agree to accept less than the full debt. Other debts tied to the house may also need approval.
Another option may be giving the home back to the lender by agreement, called a deed in lieu. Neither option automatically wipes out all debt. Get any canceled debt in writing. Ask a lawyer and tax adviser how it would affect you.
Could a lawyer or bankruptcy help?
A Texas lawyer can check your notices and whether a court could stop the sale. Bankruptcy may pause foreclosure. Chapter 13 may let you catch up through a payment plan.
These options have rules and limits. Past bankruptcy cases and court orders can affect them. Bankruptcy does not automatically erase the mortgage. Get advice before the auction.
How much money could you keep?
Sale price minus debts and sale costs equals the money left for you.
These are sample numbers, not an offer. Use your own amounts. Ask the company handling the closing for a written estimate.
What numbers should I use?
Use the full sale price before costs. Include the mortgage and other debts tied to the house. Ask for payoff amounts good through your closing date.
Include every sale cost you agree to pay: closing fees, your share of property taxes, and any money credited to the buyer. Do not subtract costs twice from an amount already quoted as your net. Your contract and final closing papers set the actual amount.
Selling may pay off the debt and leave money for you. It does not remove past missed payments from your credit history. Learn more ↗
Want to sell and move on?
Skip repairs and public showings. Start with an as-is offer from Saving Grace.
How would the sale work?
You don’t have to guess what your house could bring.
Dear Homeowner,
If keeping the house no longer works, let’s talk about buying it as-is.
Ask for the price. Check what you would keep after debts and costs. Then decide.
Asking for an offer does not mean you have to sell.
Saving Grace is a buyer or investor, not your real estate agent.
Before signing, check who is buying, how they will pay, your costs, and when either side can cancel. Get the terms in writing.
P.S. Have an auction date? Tell us first. Keep working with your mortgage company or lawyer while we discuss a purchase.