In a nonjudicial foreclosure, Texas law gives homeowners the right to reinstate their loan in order to avoid a foreclosure sale. Notice of Default (Demand Letter).Learn how the Texas foreclosure process works, including preforeclosure steps, foreclosure procedures, and homeowner rights. The first step for a lender's attorney in a foreclosure case is to conduct a thorough review of the loan file including the deed, note, and deed of trust. In Texas, the foreclosing lender has to give two notices of the foreclosure: a notice of default and a notice of sale. In Texas, the foreclosing lender has to give two notices of the foreclosure: a notice of default and a notice of sale. The borrower missed mortgage payments and has defaulted on the loan. The lender gives notice of the foreclosure. What Are My Rights Before Foreclosure Proceedings Begin? Nonjudicial foreclosure is not available in Texas for certain loan types, like home equity loans and property tax loans.