Sheriff’s and constable’s tax sales, and buying the home back
How tax sales work, the deadlines counted back from the sale date, and the right of redemption.
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.
The sale
After a judgment, the sheriff or a constable sells the property, usually at the courthouse between 10 a.m. and 4 p.m. on the first Tuesday of a month (or in an online auction ending then). Each defendant gets a written notice of the sale. If no one bids enough, the property is struck off to the taxing unit.
[Tex. Tax Code § 34.01(a), (c), (j), (r-1)]
Deadlines before the sale
A deferral affidavit must reach the three offices at least 5 days before the sale. An owner of divisible land can ask in writing, at least 7 days before, that only enough portions be sold to pay the amount due.
[Tex. Tax Code §§ 33.06(c-1), 34.01(i)]
Redemption of a homestead
The owner of a homestead (or agricultural land) sold at a tax sale can redeem it on or before the second anniversary of the day the buyer’s deed is recorded, paying the bid, the recording fee, and the taxes and costs the buyer paid, plus 25% in the first year or 50% in the second.
[Tex. Tax Code § 34.21(a)]
Other property, and struck-off property
Other property must be redeemed within 180 days, with a premium of at most 25%. Property struck off to a taxing unit and not resold is redeemed for the lesser of the judgment or the adjudged value plus costs — no premium.
[Tex. Tax Code § 34.21(b), (e)]
Possession
Redemption does not let the former owner stay in the home meanwhile. The buyer may get a writ of possession 20 days after the deed is recorded; the officer posts a warning at least 10 days before executing it.
[Tex. Tax Code §§ 34.21(h), 33.51]