Foreclosure Notice in Houston? What Happens Before the First-Tuesday Sale
Harris County foreclosure auctions happen once a month, on a fixed schedule. Here’s exactly how the clock runs, where to look up your sale, and every option you still have before that Tuesday.
The short answer: Most Texas home foreclosures are out-of-court trustee sales. In Harris County they’re held on the first Tuesday of the month, between 10 a.m. and 4 p.m., at the Bayou City Event Center, 9401 Knight Road — and the notice of sale has to be posted, filed with the County Clerk and mailed to you at least 21 days before. Until the sale actually happens, you still own the house and still have options.
A foreclosure letter in Houston can feel like the decision has already been made. It hasn’t. Texas runs on a strict monthly calendar, which is bad news if you ignore it and good news if you use it: once you know where your sale stands, you can see exactly how many weeks you have and what fits inside them.
How the Texas clock runs, step by step
Step
What happens
The rule
1. Missed payments
Late fees and calls from the servicer. For most home loans, the servicer generally can’t start foreclosure until you’re more than 120 days behind.
12 CFR §1024.41(f)
2. Notice of default
Sent by certified mail. For your residence, you get at least 20 days to catch up before a sale can be noticed.
Prop. Code §51.002(d)
3. Notice of sale
At least 21 days before the sale it’s posted, filed with the Harris County Clerk and mailed to you by certified mail. It states the earliest time the sale will start.
Prop. Code §51.002(b)
4. Trustee sale
First Tuesday of the month, 10 a.m.–4 p.m., at the Bayou City Event Center. It must begin by three hours after the time in the notice.
Prop. Code §51.002(a), (c)
5. After the sale
No general right to buy the house back. The lender has two years to sue for any deficiency, with a fair-market-value credit if you ask for it.
Prop. Code §51.003
Put those together and the earliest a sale usually happens is around five months after the first missed payment, and as little as 21 days after the notice of sale is posted. That’s why Texas is one of the fastest foreclosure states. If your loan is a home equity loan, HELOC or reverse mortgage, the lender needs a court order first (Texas Constitution art. XVI §50), which adds a court step and a response deadline you shouldn’t miss.
Where to find your Harris County sale
Search posted notices: the Harris County Clerk’s foreclosure notice search lets you look up trustee sale notices by sale month. Notices are also posted at the Clerk’s office, 201 Caroline, 3rd floor.
The auction itself: Bayou City Event Center, 9401 Knight Road, Houston, TX 77045, on the first Tuesday of the month.
Edge of town? Sales happen in the county where the house sits. A few parts of Houston reach into Fort Bend and Montgomery counties, so if that’s you, check that county clerk’s notices instead.
Your options before the first Tuesday
Reinstate: pay the past-due amount plus fees to bring the loan current. Ask your servicer for a written reinstatement quote.
Repayment plan or forbearance: spread the arrears over several months, or pause payments for a hardship.
Loan modification: change the loan terms so the payment is affordable. Apply early; a complete application filed well before the sale gives you the strongest protections.
Sell the house: if a sale can close before the auction, the loan is paid off and you keep whatever equity is left after liens and costs.
Short sale or deed in lieu: if you owe more than the house is worth, the lender may accept less than the full payoff.
Talk to an attorney: about bankruptcy or any defense you may have, especially if you think the notices were wrong.
Free help in Houston: call your servicer first, and talk to a HUD-approved housing counselor at no cost (HUD’s line is 800-569-4287; the CFPB counselor finder lists Houston agencies such as the Houston Area Urban League). If you qualify by income, Lone Star Legal Aid’s Foreclosure Prevention Project helps Harris County homeowners with mortgage, property tax and HOA problems (713-652-0077 or 800-733-8394).
Where a cash sale fits
Selling isn’t the right answer for everyone, and we’ll say so if keeping the house looks realistic. It tends to make sense when the payment can’t be fixed, the house needs work a listing would require, or the sale date is too close for a traditional buyer’s financing. We buy Houston houses as-is, pay typical closing costs and charge no fees or commissions. When the timeline allows, we can close in as little as two weeks through a Texas title company, with your loan paid off at closing. If there isn’t enough time to close before your sale date, we’ll tell you that plainly so you can put your energy into the options above.
Behind on HOA dues or property taxes instead?
Those can lead to foreclosure too, on different rules. An HOA assessment foreclosure needs a court order and leaves the owner a redemption window (Property Code §209.011). Delinquent property taxes are handled by the Harris County Tax Office, which offers installment plans. See selling a house with tax liens or property debt.
What happens when you reach out
You talk to an owner. Call or text (678) 926-9776 and you’ll reach William or Peter, the owners of MarKey Home Buyers. We’ve been in business for more than 10 years.
We ask a few questions. The address, roughly what you owe, the condition of the house, and your sale date if you have one. Your latest mortgage statement and any notice you’ve received help.
You get an honest read. We tell you whether there’s realistically time for a sale to close before your sale date, and whether selling makes sense for you at all.
If it fits, you get a written offer after a quick walkthrough, in person or by video. No fees, no obligation.
You decide. Compare it with your other options and talk it over with family, your servicer, a housing counselor or an attorney first.
How we figure an offer: we start from what the house would sell for after repairs, then subtract the repairs it needs, our costs to buy, hold and resell it, and a margin for our risk. That’s why a cash offer is lower than a full retail price. In return you skip repairs, showings and commissions, and you pick the closing date. We’ll walk you through the numbers on your house.
What we’ll never do
Promise we can stop your foreclosure. No honest buyer can promise that.
Charge you a fee, ask for money up front, or ask you to make payments to us.
Ask you to sign over your deed before closing. The house stays yours until a closing attorney or title company closes the sale.
Tell you to stop talking to your lender, a housing counselor or an attorney.
Rush you. Every term is in writing before you agree to anything.
Hide how we buy. We may buy your house ourselves or assign our purchase contract to another buyer, and we tell you which in writing before you sign.
MarKey Home Buyers is a real estate investment company that buys houses. We are not a lender, law firm, government agency or housing counselor, and we’re not affiliated with your lender or servicer. A sale to us is a sale: at closing, ownership transfers and you move out on the date we agree.
When a cash sale probably isn’t your best move
You can afford the payment again and your servicer offers a reinstatement, repayment plan or modification that works.
The house is in good shape, you have real equity, and there’s enough time before the sale to list it with an agent. That will usually net you more.
You qualify for an assistance program that can catch you up.
If any of those fit, we’ll tell you, even if it means we don’t buy your house.
Got a notice or a sale date?
Send us the address and the sale date. We’ll tell you honestly whether there’s time for a sale to close, and what you’d walk away with.
Texas trustee sales happen on the first Tuesday of the month between 10 a.m. and 4 p.m. (Property Code §51.002). Harris County holds them at the Bayou City Event Center, 9401 Knight Road, Houston, TX 77045. The sale has to start at the time listed in your notice or within three hours after it. If the first Tuesday is January 1 or July 4, the sale moves to that Wednesday.
Can I still sell my house after getting a notice of sale in Texas?
Yes. You own the house until the trustee sale, and a sale that closes first pays off the loan from the proceeds, with any equity left after liens and costs going to you. The catch is time: a closing needs a title search and a written payoff from your servicer, so the earlier you start, the more realistic it is. Send us your sale date and we’ll tell you honestly whether it’s doable.
Can I get my house back after a Texas foreclosure sale?
Generally, no. Texas law doesn’t give homeowners a general right to buy the house back after a mortgage foreclosure sale. The main exception is an HOA assessment foreclosure, where the owner can redeem until the 180th day after the association mails notice of the sale (Property Code §209.011). That’s why acting before the first Tuesday matters so much.
Can the lender still come after me if the house sells for less than I owe?
Possibly. A lender has two years after the sale to sue for a deficiency, and you can ask the court to use the home’s fair market value instead of the auction price, which can shrink or erase what’s owed (Property Code §51.003). Talk to an attorney if you get a deficiency letter.
Is a home equity loan foreclosure different in Texas?
Yes. Home equity loans, HELOCs and reverse mortgages on a Texas homestead can only be foreclosed with a court order (Texas Constitution art. XVI §50), usually through the expedited process in Texas Rule of Civil Procedure 736. You’ll get court papers with a response deadline, so don’t ignore them.
Last reviewed . General information, not legal advice. Laws and county procedures change; confirm dates with your notice, your servicer, or an attorney.
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