RulesofCivilProcedure.com Civil Procedure · Every State

§ 154.028.Mediation Following Application for Expedited Foreclosure

Title 7. Alternate Methods of Dispute Resolution · Chapter 154. Alternative Dispute Resolution Procedures · Subchapter B. Alternative Dispute Resolution Procedures · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 154.028 governs mediation in an expedited foreclosure proceeding, requiring a hearing before mediation can be ordered, setting notice and timing rules, splitting the mediator’s fee, and barring mediation where the respondent did not appear.

Full Text of § 154.028

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

(a)A citation for expedited foreclosure may be served in the manner provided by Rule 106 or 736, Texas Rules of Civil Procedure. Following the filing of a response to an application for an expedited foreclosure proceeding under Rule 736.5, Texas Rules of Civil Procedure, a court may, in the court's discretion, conduct a hearing to determine whether to order mediation. A court may not order mediation without conducting a hearing. The petitioner or respondent may request a hearing to determine whether mediation is necessary or whether an application is defective.
(b)A hearing under Subsection (a) may not be conducted before the expiration of the respondent's deadline to file a response.
(c)Subject to Subsection (d), a hearing under Subsection (a) may be conducted by telephone.
(d)Not later than the 10th day before the date of a hearing under Subsection (a), the court shall send notice of the hearing to the parties concerning whether the hearing will be conducted by telephone and, if applicable, instructions for contacting the court and attending the hearing by telephone.
(e)At a hearing under Subsection (a), the court must consider any objections to the referral of the case to mediation.
(f)If the court orders the case to mediation, the mediation must be conducted before the expiration of any deadline imposed by Rule 736, Texas Rules of Civil Procedure.
(g)If the parties to a case that has been ordered to mediation are unable to agree on the appointment of a mediator, the court may appoint a mediator. If a mediator is appointed by the court, the court shall provide all parties with the name of the chosen mediator at the mediation hearing if the parties are unable to agree to a mediator at that hearing.
(h)A mediator's fee shall be divided equally between the parties.
(i)The parties may agree to waive the mediation process.
(j)The court may not conduct a hearing under this section if the applicant has served the citation in compliance with Rule 106, Texas Rules of Civil Procedure, and a response to the application has not been filed before the deadline provided by Rule 736, Texas Rules of Civil Procedure.
(k)If a respondent fails to attend a mediation hearing after notice in accordance with Subsection (d), the court:
(1)may not order mediation; and
(2)shall grant or deny the petitioner's motion for default order under Rule 736.7, Texas Rules of Civil Procedure.
(l)If a respondent attends a hearing and mediation is ordered, any mediation must take place not later than the 29th day after the date the petitioner filed a motion for default order.
(m)Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16 ), Sec. 12.10(20), eff. December 4, 2025.
End

Plain-English Summary

The longest section in the chapter, and it sits inside a fast statutory foreclosure process.

The court may order mediation only after a hearing. The section says so twice — the court may conduct a hearing to decide whether to order mediation, and may not order mediation without conducting one.

Either side may request that hearing, to determine whether mediation is necessary or whether the application is defective.

The hearing cannot come before the respondent’s response deadline expires. The homeowner’s time to answer is protected.

A hearing may be held by telephone, and notice must go out at least 10 days before, saying whether it will be by telephone and how to attend.

Objections to referral must be considered at the hearing.

Mediation must finish inside the foreclosure timetable. If ordered, it must be conducted before any deadline imposed by the expedited foreclosure rule expires.

The court may appoint a mediator if the parties cannot agree, and must give the parties the name at the mediation hearing when no agreement is reached there.

The mediator’s fee is divided equally between the parties, and the parties may agree to waive mediation altogether.

Two situations foreclose mediation entirely. No hearing is held where the citation was served under the rule and no response was filed by the deadline; and if a respondent fails to attend the mediation hearing after proper notice, the court may not order mediation and must rule on the petitioner’s motion for a default order.

Where the respondent does attend and mediation is ordered, it must take place within 29 days after the petitioner filed the motion for default order. Subsection (m) was repealed in 2025.

Frequently Asked Questions

Can a court order mediation in an expedited foreclosure?

Only after conducting a hearing, and not before the respondent’s deadline to respond has expired.

What if the homeowner never responds or does not attend?

If no response was filed by the deadline after proper service, no hearing is held. If the respondent fails to attend the hearing after notice, the court may not order mediation and must rule on the motion for a default order.

Who pays the mediator?

The fee is divided equally between the parties.

How quickly must the mediation happen?

Before any deadline imposed by the expedited foreclosure rule, and within 29 days after the motion for default order was filed where the respondent attended the hearing.

Amendment History

  • Added by Acts 2013, 83rd Leg., R.S., Ch. 1044 (H.B. 2978), Sec. 2, eff. June 14, 2013.
  • Amended by:
  • Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.10(20), eff. December 4, 2025.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source