Harris County Foreclosure Resources
Complete guide to the foreclosure process in Harris County, Texas. Courthouse addresses, filing procedures, timelines, mediation options, and local legal aid — everything you need to defend your home.
Foreclosure Type
Non-Judicial
Avg. Timeline
27–60 days
Mediation
Not Mandatory
Population
4.8 million
Harris County Foreclosure Timeline
Texas is primarily a non-judicial foreclosure state. The process moves outside the court system through a trustee — and it moves fast. Understanding each phase is critical.
The lender must send a Notice of Default and Intent to Accelerate to the borrower at least 20 days before sending the Notice of Acceleration. This gives the borrower 20 days to cure the default.
Lender must mail the Notice of Sale to the borrower's last known address by certified mail at least 21 days before the sale date. The notice must also be posted at the Harris County Civil Courthouse door.
Foreclosure sales in Harris County are held on the first Tuesday of the month between 10 a.m. and 4 p.m. at the Harris County Family Law Center (Bayou Place entrance). The property is sold to the highest bidder at public auction.
Courthouse & County Offices
Harris County Civil Courthouse
201 Caroline St, Houston, TX 77002
(832) 927-5600
Mon–Fri 8:00AM–5:00PM
Harris County Family Law Center (Foreclosure Sale Location)
1115 Congress St, Houston, TX 77002
(713) 274-5030
Mon–Fri 8:00AM–5:00PM
Clerk of Court
Harris County District Clerk
For judicial foreclosures (rare in TX): accepts foreclosure petitions, issues citations, and maintains case files. Most Harris County foreclosures are non-judicial and handled by trustees without court involvement.
County Recorder
Harris County Clerk's Office — Real Property
Sheriff / Sale Info
Harris County Constable — Precinct 1
1302 Preston St, Houston, TX 77002
(713) 755-5200
Non-judicial foreclosure sales in Harris County are conducted by substitute trustees designated by the lender — NOT by the Sheriff. The trustee posts notice at the courthouse and conducts the sale at the designated location on the first Tuesday of the month.
Is Mediation Available?
Texas does not have a mandatory foreclosure mediation program. Mediation is typically only available if the borrower files a lawsuit challenging the foreclosure and the parties agree to mediate, or through the bankruptcy court's loss mitigation program in Chapter 13 cases.
Filing Requirements
- •Notice of Default must be mailed at least 20 days before notice of sale
- •Notice of Sale must be mailed by certified mail at least 21 days before sale
- •Notice of Sale must be posted at the Harris County Civil Courthouse door
- •Notice of Sale must be filed with the Harris County Clerk at least 21 days before sale
- •Substitute trustee documents must be filed with the County Clerk
- •Filing fees vary — contact the County Clerk's Real Property Division
- •All recorded documents must include legal description and property address
Key Statutes
Texas Property Code § 51.002
Tex. Prop. Code § 51.002
Governs non-judicial foreclosure sale procedure in Texas, including notice and posting requirements.
Texas Property Code § 51.003
Tex. Prop. Code § 51.003
Homeowner protections including the right to request a temporary restraining order against a sale for certain violations.
Texas Property Code § 41.002
Tex. Prop. Code § 41.001–41.002
Texas homestead protection — exemption from forced sale for debts except purchase money, taxes, and improvements.
Right of Redemption
Texas has a very limited right of redemption. For homestead properties sold at a non-judicial foreclosure sale, the borrower generally has no post-sale redemption right. For tax foreclosure sales on homesteads, a 2-year redemption period applies. For non-homestead tax sales, a 6-month redemption period applies (Tex. Tax Code § 34.21).
Deficiency Judgments
Permitted in Texas. The lender may pursue a deficiency judgment unless prohibited by the terms of the deed of trust. However, deficiency judgments are subject to fair value determination — the deficiency is limited to the difference between the debt and the property's fair market value on the sale date, not the actual sale price (Tex. Prop. Code § 51.003). The lender must file for deficiency judgment within 2 years of the sale.
Legal Aid
Lone Star Legal Aid — Houston
Free civil legal services for qualifying low-income residents including foreclosure defense assistance.
Houston Volunteer Lawyers
Pro bono legal representation including foreclosure defense and bankruptcy for qualifying homeowners.
Frequently Asked Questions
Where are foreclosure sales held in Harris County?+
Foreclosure sales are held on the first Tuesday of each month between 10 a.m. and 4 p.m. at the Family Law Center entrance on Congress Street (1115 Congress St, Houston, TX 77002). Each individual trustee conducts the sale for their assigned properties.
How fast can a foreclosure happen in Harris County?+
As fast as 27 days. After the 20-day notice of default period plus 21 days notice of sale, the sale can proceed on the next available first Tuesday. The actual timeline varies — some foreclosures are postponed multiple times.
Can I stop a non-judicial foreclosure in Harris County?+
Yes. Because there is no court case to file an answer in, you must file an independent lawsuit in Harris County District Court seeking a Temporary Restraining Order (TRO) and temporary injunction. The TRO can stop the sale on short notice. Bankruptcy (Chapter 7 or 13) also stops the sale via the automatic stay.
Do I have any right to stay in the home after the foreclosure sale?+
After the sale and recording of the Substitute Trustee's Deed, the new owner can file an eviction action. In Texas, the new owner must typically provide a 3-day notice to vacate before filing a forcible detainer action in Justice Court. The eviction process typically takes 3-4 weeks.
Am I protected from deficiency if my home was my primary residence?+
Texas homestead laws protect your home from forced sale for most debts, but they do not protect against a deficiency judgment after foreclosure. However, deficiency judgments can be difficult for lenders to collect in Texas because wage garnishment is prohibited (except for child support, taxes, and student loans), and the homestead itself is exempt from judgment liens post-foreclosure.
More Resources for Harris County Homeowners
Texas Foreclosure Laws
Complete state-level guide to foreclosure laws, timelines, and homeowner protections.
Foreclosure Defense
Comprehensive defense strategies to stop or delay foreclosure in any U.S. county.
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