Facing foreclosure in Hays County — San Marcos, Kyle or Buda? You still have options. Dream Financial Management has been helping Texas homeowners since 1994. Request a free, confidential review of your situation and learn how to stop the sale and keep your home.
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Texas is one of the fastest foreclosure states in the country. Under the Texas Property Code, the process runs on a minimum timeline of a 20-day notice to cure followed by a 21-day notice of sale, so a foreclosure can often be completed within roughly two months of the initial notice. The longer you wait, the fewer options you have. Acting early gives you the best chance to stop the auction and keep your home.
Even if you have missed payments, or a Notice of Sale has already been posted in Hays County — such as at the county courthouse in San Marcos — you may still be able to reinstate your loan, negotiate a loan modification, or stop the sale. But you need to act quickly.
Texas is a non-judicial foreclosure state. That means the lender does not need to file a lawsuit to foreclose. Instead, foreclosure proceeds under the deed of trust's power-of-sale clause, governed by the Texas Property Code §51.002. There is no court hearing before the sale, which is why Texas can move so quickly. Here is how the process typically unfolds in Hays County.
After you fall behind on your mortgage, the lender typically sends a Notice of Default and Intent to Accelerate. Under Texas Property Code §51.002(d), you generally have at least 20 days to cure the default — meaning pay all past-due amounts, including fees, to bring the loan current.
If the default is not cured, the lender files a Notice of Substitute Trustee Sale with the county clerk and posts it at the Hays County Courthouse at least 21 days before the auction. The notice is also mailed to the debtor by certified mail. Once it is posted, the sale is imminent unless you act.
Foreclosure sales are held at public auction on the first Tuesday of each month (unless it falls on January 1 or July 4) at the Hays County Courthouse in San Marcos, the county seat. The property is sold to the highest cash bidder, which is often the lender itself.
If the sale proceeds do not fully cover the debt, Texas generally allows the lender to seek a deficiency judgment. The lender must file suit within two years, and the deficiency is capped at the difference between the debt and the property's fair market value, which you can challenge in court.
For most residential mortgages, Texas has no general post-sale statutory right of redemption once the substitute trustee's deed is recorded. There is a narrow exception: if the property is your homestead and the lender bought it at auction for less than the amount owed, you may have a two-year right to repurchase at the auction price (not automatic). This makes stopping the sale before the first Tuesday auction critical.
Dream Financial Management does not provide legal advice, and laws can change. Any information here reflects current commonly-applicable Texas foreclosure practices. Because your specific lender, loan documents and timeline matter, request a free confidential review so a specialist can assess your actual situation and the correct options for stopping the sale. The Texas Homeowners Assistance Fund (TXHAF) may also offer payment assistance for qualifying homeowners.
Hays County sits along the I-35 corridor between Austin and San Antonio, anchored by the county seat of San Marcos and the fast-growing communities of Kyle and Buda. If you live in any of these communities — or anywhere in Hays County — your foreclosure is handled through the same non-judicial Texas process, with the first Tuesday auction at the Hays County Courthouse in San Marcos.
County seat of Hays County, where the first Tuesday foreclosure auction is held.
Rapidly growing Hays County city along the I-35 corridor north of San Marcos.
Hays County city at the northern edge of the county, south of Austin.
Western Hays County community in the Texas Hill Country.
Hill Country community in western Hays County along the Blanco River.
We help homeowners throughout Hays County, wherever you are located.
Negotiate new terms to make your payment affordable.
Pay the amount owed to bring the loan current and stop the sale.
Explore forbearance, repayment plans and other hardship relief.
A specialist reviews your loan documents and outlines every option.
Sent after you fall behind, generally giving at least 20 days to cure the default under Texas Property Code §51.002(d).
Filed and posted at the Hays County Courthouse at least 21 days before the scheduled auction date.
Recorded after the sale transfers title to the highest cash bidder, typically the lender.
Request a free, confidential review and learn the options available for your Hays County home before the auction date.