What is a pre-foreclosure?
Pre-foreclosure is the stretch between a borrower's first public default filing and the foreclosure sale. The owner still holds title and can catch up, refinance or sell, including through a short sale. Buyers and agents watch notices of default and lis pendens filings to find these homes before they reach auction.
Updated November 2026. A plain-language definition, not legal advice.
How it works
It starts when a default becomes public: a notice of default in deed of trust states, or a lis pendens in judicial states. It ends when the owner cures the loan, sells, signs a deed in lieu, or the home goes to auction.
Because the owner still controls the home, a sale in pre-foreclosure is a normal purchase. You can inspect, use a loan and close with title insurance. If the owner owes more than the home is worth, the lender has to approve the price as a short sale.
How it differs by state
Foreclosure rules are set by each state. Here is how it works in the three states we cover most closely.
Nevada
Non-judicial
After the notice of default, the owner has three months to cure before the notice of sale, and the home must be posted at least 100 days before the sale.
Foreclosure in NevadaUtah
Non-judicial
Three months must pass after the notice of default before the notice of sale, and the owner can reinstate during those three months.
Foreclosure in UtahTexas
Non-judicial
The window can be short: at least 20 days to cure after the default letter, then a notice of sale at least 21 days before a first-Tuesday auction.
Foreclosure in TexasWhat to watch
Owners in default get many calls and letters. A clear, honest offer stands out.
Check for second loans, HOA liens and tax liens. They all have to be paid or released at closing.
The CFPB warns owners never to pay upfront fees or sign over title to someone promising to stop a foreclosure.
Questions people ask
What is a pre-foreclosure?
Pre-foreclosure is the stretch between a borrower's first public default filing and the foreclosure sale. The owner still holds title and can catch up, refinance or sell, including through a short sale. Buyers and agents watch notices of default and lis pendens filings to find these homes before they reach auction.
Can you buy a house in pre-foreclosure?
Yes. The owner still holds title, so you can buy directly from them with a normal contract, inspection and title insurance. If they owe more than the sale price, the lender must approve it as a short sale.
Related terms
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