Due course of law under the Texas Constitution
Tex. Const. art. I, § 19
In plain words
The Texas Constitution says no citizen may be deprived of property except by the “due course of the law of the land.” It is the state’s version of due process: government action that takes property must follow fair procedures, including notice and a chance to be heard.
Who is protected
Every person in Texas whose property is at stake in a government or court process.
When it applies
- Only in Texas.
What you can do
Raise a notice problem in court
If a tax or court process went forward without proper notice to you, prepare to explain it at the hearing.
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
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Honest limits
- It limits government and court action; a private lender’s nonjudicial sale is mainly governed by the deed of trust and § 51.002 instead.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State constitutionDue course of law
Tex. Const. art. I, § 19
What it says: No citizen shall be deprived of property except by the due course of the law of the land.
Read the official texthttps://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#1.19
Court cases
- Homeowner wonCited for this rightJones v. Flowers
Jones v. Flowers, 547 U.S. 220 (2006)
when mailed notice of a tax sale is returned undelivered, the government must take additional reasonable steps to notify the owner before selling the property
- Homeowner wonCited for this rightMennonite Board of Missions v. Adams
Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983)
a person with a recorded interest in property is entitled to notice by mail or equally reliable means before a tax sale, and publication or posting alone is not enough
- Homeowner wonSame topicTyler v. Hennepin County
Tyler v. Hennepin County, 598 U.S. 631 (2023)
a government that sells a home for unpaid taxes and keeps the value beyond the tax debt takes property without just compensation
- Homeowner wonSame topicHall v. Meisner
Hall v. Meisner, 51 F.4th 185 (6th Cir. 2022)
a homeowner's equity in property taken for a smaller tax debt is protected property, and taking it without compensation states a federal takings claim
- Homeowner wonSame topicSauceda v. GMAC Mortgage Corp.
Sauceda v. GMAC Mortg. Corp., 268 S.W.3d 135 (Tex. App.—Corpus Christi–Edinburg 2008)
a wrongful-foreclosure claim requires a defect in the sale proceedings, a grossly inadequate selling price, and a causal connection between them, and that homeowners who offer evidence of each are entitled to a trial
- Homeowner lostSame topicPung v. Isabella County
Pung v. Isabella County, No. 25-95, slip op. (U.S. June 23, 2026)
after a fairly conducted tax sale, the government owes the former owner the surplus from the sale price, not the property's fair market value
- Homeowner lostSame topicStanley v. CitiFinancial Mortgage Co.
Stanley v. CitiFinancial Mortg. Co., 121 S.W.3d 811 (Tex. App.—Beaumont 2003)
notice under Property Code § 51.002(e) is complete when sent by certified mail to the debtor's last known address, and actual receipt is not required
Related rights
Right to go to court to stop a wrongful sale
Tex. Civ. Prac. & Rem. Code § 65.011
Most Texas foreclosures happen without a court, but you can file your own lawsuit and ask a judge for an injunction (a court order stopping the sale). For home-equity, HOA and tax-lien foreclosures that need a Rule 736 order, filing a separate lawsuit before 5 p.m. on the Monday before the sale automatically stops that process.
Read this rightRight to redeem your home after a property-tax sale
Tex. Tax Code § 34.21(a), (e)
If your residence homestead (or agricultural land) is sold at a tax sale, you can buy it back within two years after the buyer’s deed is recorded. You repay the bid and certain costs plus a premium: 25% in the first year, 50% in the second. For other property the window is 180 days. Owners 65+, disabled owners and disabled veterans can also stop a tax suit or sale on their homestead by filing a deferral affidavit.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightPause a court case while on military duty
50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this right