Behind on property taxes in Texas
A plain guide for homeowners: what each paper means, what the costs are, the options Texas law provides, and the rights that remain after a tax sale. Free, no account needed.
General information, not legal advice. Techoclaro is not a law firm, not the tax office and not connected to any taxing unit. For your situation, talk to free legal aid or a lawyer.
Which paper did you get?
A tax statement (bill)
Nothing is late yet. This is the time to check your exemptions, ask about quarter payments if you are 65+ or disabled, and plan how to pay.
A notice that taxes are delinquent
Penalty and interest are growing every month. No lawsuit yet. A homestead owner can ask for a payment plan; 65+ or disabled owners can defer.
Court papers: a tax lawsuit (citation)
The taxing units are asking a court to order your home sold for the taxes. There is a short deadline to answer printed on the citation. Payment plans and deferrals can still stop or pause the case.
A judgment in the tax case
The court has decided the amount. A sale can be scheduled next. Paying the judgment amount, a deferral affidavit (65+/disabled), or a bankruptcy filing are the usual ways a sale is stopped — talk to legal aid now.
A notice of sheriff’s or constable’s sale
A sale date is set. Some deadlines are counted back from it: a deferral affidavit must reach the officer at least 5 days before; a request to sell only part of a large lot, at least 7 days before.
The property was already sold
Two rights may remain: to buy the home back (redemption — two years for a homestead) and to claim any money left over after the taxes were paid (excess proceeds — before the second anniversary of the sale).
The rules that matter most
- Taxes are late if not paid before February 1 of the next year (later if the bill was mailed late). [Tex. Tax Code § 31.02(a)]
- Penalty is 6% the first month, plus 1% a month, and 12% from July 1. Interest adds 1% a month with no cap. [Tex. Tax Code § 33.01(a)]
- If the taxing unit uses a collection attorney, a penalty of up to 20% of tax, penalty and interest can be added on July 1. [Tex. Tax Code § 33.07(a)]
- For a homestead with a homestead exemption, the tax office must agree to a written payment plan of 12 to 36 months if you ask and have not had one in 24 months. [Tex. Tax Code § 33.02(a)]
- Owners 65 or older, disabled, or disabled veterans can defer collection on the home they live in by filing an affidavit with the appraisal district. It postpones the tax; interest is 5% a year. [Tex. Tax Code § 33.06(a)]
- After a tax sale, a homestead can be bought back within two years of the buyer’s deed being recorded, paying the price plus costs plus a 25% or 50% premium. Other property: 180 days. [Tex. Tax Code § 34.21(a)]
- Money left after the sale pays the taxes and costs is held by the district clerk; former owners can claim it by petition before the second anniversary of the sale. [Tex. Tax Code § 34.04(a)]
Free tools
Read more
- Penalties, interest and the July 1 collection penaltyHow the cost of unpaid property taxes grows each month, and why July 1 matters.
- Payment plans and the tax deferralInstallment agreements with the tax office, and the deferral for owners 65+, disabled or disabled veterans.
- Exemptions, late homestead applications and protestsLowering what you owe: the homestead exemption, extra exemptions, applying late, and protesting next year’s value.
- When the county sues for property taxesWhat a tax lawsuit is, what the citation means, and what can still be done.
- Sheriff’s and constable’s tax sales, and buying the home backHow tax sales work, the deadlines counted back from the sale date, and the right of redemption.
- Excess proceeds: money left over after a tax saleWho can claim the money left after a tax sale, how, by when — and the rules against fee-charging recovery companies.
Common questions
Can the county sell my home for unpaid property taxes?
Yes. After taxes are delinquent, a taxing unit can sue to foreclose its tax lien, and after a judgment the property can be sold by the sheriff or a constable. Payment plans, deferral (for 65+, disabled and disabled-veteran owners) and paying the amount due are the usual ways people keep the process from reaching a sale.
How much will the penalties and interest be?
Under Tax Code § 33.01 the penalty is 6% for the first month and rises 1% a month to 12% on July 1; interest is 1% a month with no cap. A collection penalty of up to 20% may be added. Our calculator shows the month-by-month cost.
Do I have a right to a payment plan?
If the home is your residence homestead with a homestead exemption and you have not had an installment agreement with that tax office in the past 24 months, the collector must enter into one on request (Tax Code § 33.02). It must be in writing, monthly, and 12 to 36 months long.
I am over 65. Can they still sell my house?
Owners 65 or older who own and live in the home can file a tax deferral affidavit (Comptroller Form 50-126) with the appraisal district. It stops suits and sales while you live there; the tax still grows at 5% a year. If a sale is already scheduled, the affidavit must reach the appraisal district, the tax collector or its attorney, and the officer holding the sale at least 5 days before.
My house was sold at a tax sale. Is it too late?
Maybe not. A homestead can usually be redeemed within two years after the buyer’s deed is recorded, and any excess proceeds can be claimed from the district clerk before the second anniversary of the sale. Both have conditions — talk to legal aid.
Someone called offering to recover money from my tax sale for a fee. Is that allowed?
Texas limits this. Someone who is not a lawyer may not charge you a fee to obtain excess proceeds, a lawyer’s fee is capped at 25% or $1,000 (whichever is less), and a buyer of your claim must follow strict rules, including no phone or in-person solicitation.
Sources: Texas Tax Code chapters 6, 11, 31, 32, 33, 34, 41, 41A and 42; Texas Government Code chapter 552; 12 C.F.R. §§ 1024.17 and 1024.34; Texas Comptroller publications 96-1425, 96-295 and 96-1740 (2026). Text checked against the official statute files.