How Texas foreclosure auctions work

Plain-English guide for real estate investors. Reviewed October 23, 2026.

The first-Tuesday sale

Most Texas home foreclosures are non-judicial: a trustee named in the deed of trust sells the property at a public auction. Under Texas Property Code §51.002 the sale must be held between 10 a.m. and 4 p.m. on the first Tuesday of the month, at the courthouse of the county where the land is located. If the first Tuesday falls on January 1 or July 4, the sale moves to the first Wednesday. The sale must begin at the time stated in the notice or within three hours after it.

Where the sale happens

Each county's Commissioners Court designates the area at the courthouse where sales take place and records that designation in the county real property records. If no area is designated, the notice of sale itself must name the area. That is why the notice, not a general rule, is the best source for where to stand on sale day.

The notice of sale

At least 21 days before the sale, the notice must be posted at the courthouse door, filed with the county clerk, and sent by certified mail to each debtor. The county clerk is therefore the official place to read notices. Each AuctionEmber county page links to that clerk's published notices.

Postponements and cancellations

A posted notice does not guarantee an auction. Borrowers reinstate or sell, lenders postpone, and notices are re-filed for later months. Confirm with the trustee or substitute trustee named in the notice shortly before the sale.

Buying at the auction

Bidding is public. Trustees typically expect payment in cash or certified funds soon after the sale, and property is sold as is, usually without an interior inspection. For a deed-of-trust foreclosure, Texas has no general post-sale right of redemption, but liens senior to the foreclosed lien, unpaid property taxes and some other claims can survive, so research title first.

A due-diligence checklist

Read the full notice at the county clerk. Pull the recorded documents and look for senior liens, tax liens and HOA claims. Compare the appraisal-district record. Drive by the property. Line up funds that meet the trustee's terms. Talk to a Texas real-estate attorney if anything is unclear.

General information, not legal, financial or investment advice. Statutes change; check the current Texas code and talk to a Texas real-estate attorney before you bid.

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