What is the statute of limitations on foreclosure?

In Texas, the statute of limitations (SOL) on foreclosure is four years. Under Texas law, homeowners have four years to bring a legal action against a lender or loan servicer for foreclosure-related issues. This is known as the “four-year statute of repose.” After the four-year period ends, lenders are no longer able to initiate a foreclosure action against the borrower, even if the borrower is in default on their mortgage. The four-year timeline begins on the date of acceleration, which is when the lender or loan servicer demands full payment of the debt. This usually occurs after the homeowner has been in default on their payments for some time. Once the lender accelerates the loan, the homeowner has four years to bring legal action against them. In certain circumstances, however, the period of the SOL may be extended. For example, if the homeowner can prove that the lender or loan servicer violated certain consumer protection laws, the statute of limitations may be extended. Additionally, if the lender has previously taken action to postpone foreclosure, the SOL can be extended as well. It is important to note that the four-year statute of limitations only applies to foreclosure cases. The same does not apply in other legal actions that may arise from a foreclosure. For example, homeowners may still have legal recourse against a lender or loan servicer for other violations, such as deceptive lending or discrimination, no matter how much time has passed since the foreclosure process began.

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What is the statute of limitations on foreclosure?

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