General Information

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 "plain English", 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.
Texas Finance Code sec. 347.356
Discusses requirements for action to repossess, foreclose, or accelerate payment of entire debt on a manufactured home.
12 USC Chapter 13
This chapter of the United States Code deals with national housing. Several sections were amended by Foreclosure Prevention Act of 2008.

Explained in "Plain English"

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 "plain English."

A Homeowner's Rights Under Foreclosure
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.

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