General Information

Note Foreclosure procedures may be impacted by the COVID-19 pandemic. Please see the Homeowners page on the COVID-19 & Texas Law research guide for current information related to COVID-19 and foreclosure.

About This Guide

This guide was created to provide information about the state and federal laws on foreclosure. Below you will find links to the text of Texas and federal law governing mortgages, resources that explain these laws in layman's terms, and information on who to contact if you are facing foreclosure.

Texas and Federal Law

Below you will find references to areas of the Texas Property Code and federal law that govern foreclosure and issues related to foreclosure. If you find these statutes difficult to understand, you may want to view the "plain English" resources on this page or speak to an attorney.

Texas Property Code, Chapter 51
Discusses provisions generally applicable to liens.
Section 347.356 of the Texas Finance Code
Discusses requirements for action to repossess, foreclose, or accelerate payment of entire debt on a manufactured home.
Chapter 13 in Title 12 of the U.S. Code
This chapter of the United States Code deals with national housing. Several sections were amended by the Foreclosure Prevention Act of 2008.

Understanding the Law

Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in simple terms.

A Homeowner's Rights Under Foreclosure [PDF]
This publication, written in 2009, from the Texas A&M University Real Estate Center discusses Texas laws on home foreclosures and the foreclosure process focusing on ways homeowners can protect their homes from improper foreclosures.
Avoiding Foreclosure from the Federal Department of Housing and Urban Development
This page from HUD discusses options available to homeowners to help them avoid foreclosure.
Facing Foreclosure [PDF]
This publication from the Texas Young Lawyers Association provides an overview of Texas foreclosure law.
Facing Foreclosure? (Federal Trade Commission)
This page from the FTC discusses scams that homeowners' might encounter while facing foreclosure as well as where to go for help.
Foreclosure in Texas
A Texas real estate attorney provides this in-depth look at the foreclosure process in Texas.
Foreclosure legal resources on Texas Law Help
This page from Texas Law Help contains all of their foreclosure legal resources.
Texas Foreclosure Law Center
This page from the publisher Nolo provides links to summary of Texas foreclosure laws and articles about Texas foreclosure law.

Who Can I Contact?

Please include any information on guide specific state agencies or organizations in this box.

Homeowner's HOPE hotline
This hotline, run by the nonprofit Homeownership Preservation Foundation, is staffed around the clock by housing counselors who can explain state and Federal law as well as discuss homeowners' options with them.
HUD: Talk to a Housing Counselor
This hotline allows you to speak with a HUD counselor who can answer questions about buying a home, renting, default, foreclosure avoidance, credit issues and reverse mortgages.
Making Home Affordable
This website from the federal government was designed to help homeowners avoid foreclosure through a variety of programs including lower interest rates and lower monthly payments.

E-Books from the Texas State Law Library

If you have a library account in good standing, you can check out an OverDrive e-book title or access our remote databases. Don't have a library account? Texas residents can register for a library account from home! Learn more about how to register from home .

Below are e-book titles that may help you with your research on foreclosure.

The foreclosure survival guide : keep your house or walk away with money in your pocket [electronic resource]
"If you're one of the millions Americans who are having trouble making your mortgage payments or are already in jeopardy of foreclosure, this guide will give you the practical information you need, including: the ins and outs of foreclosure; how to decide if you should try to keep your house; federal programs to help you avoid foreclosure; alternatives to foreclosure, such as short sales and deeds in lieu; delaying or avoiding foreclosure with bankruptcy; and avoiding foreclosure scams." - publisher's description

Books at the Texas State Law Library

Below are some of the library resources that can provide further guidance on this topic. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.

Foreclosure defense : a practical litigation guide [print book]