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Texas is bound by federal law that stipulates a borrower must be 120 days delinquent on a mortgage loan before the foreclosure process can begin. The manner in which most mortgages are structured means that four mortgage payments will likely be missed before a lender will begin the foreclosure process.
After the judge issues a ruling, the former homeowner has five days to vacate the property or appeal the ruling. If the former homeowner is still living on the premises after five days, the constable will post a notice on the front door giving the former homeowner 24 hours to move out.
The Texas Foreclosure Process in 3 Steps Step 1: Notice of Default and Intent to Accelerate. ... Step 2: Notice of Sale. ... Step 3: The Foreclosure Sale.
Federal regulation issued by the Consumer Financial Protection Bureau that states the mortgage loan obligation must be over 120 days delinquent before initiating a foreclosure action.
If the lender chooses a nonjudicial foreclosure, it must complete the out-of-court procedures described in the state statutes. After doing so, the lender can sell the home at a foreclosure sale. Most lenders opt for the nonjudicial process because it's quicker and cheaper than litigating the matter in court.