Property taxes
Behind on property taxes, sued by the county, or facing a sheriff’s or constable’s sale? Find the paper you got, see the dates and the money, and write to the right office yourself.
General information about Texas law, not legal advice. Techoclaro is not a law firm. Amounts and dates are estimates from the statute — the tax office’s written statement and your court papers control.
After a tax sale
A sale is not always the end. Two rights may remain — buying the home back, and claiming money left over — each with its own clock.
Buy the home back (redemption)
After a sale, a homestead can be redeemed for two years from the day the buyer’s deed is recorded: the price plus costs plus 25% in year one or 50% in year two. Other property: 180 days, premium up to 25%.
- The clock starts the day the buyer’s deed is recorded with the county clerk, not the day of the sale.
- The price is what the buyer paid, the deed recording fee, and taxes and costs the buyer paid — plus 25% in the first year or 50% in the second.
- Ask the buyer in writing for an itemized list of costs; the answer is due within 10 days, and only itemized costs count.
- If the buyer cannot be found or refuses, you can pay the county tax assessor-collector with an affidavit.
- Redemption does not let you stay in the home or collect rent meanwhile, and the right cannot be sold or transferred.
Tex. Tax Code § 34.21(a) · Tex. Tax Code § 34.21(a) · Tex. Tax Code § 34.21(e)(1) · Tex. Tax Code § 34.21(f) · Tex. Tax Code § 34.21(i)
Claim the money left over (excess proceeds)
If the sale brought more than the judgment and costs, the extra is held by the district clerk. Former owners who were defendants (or their heirs) can claim it by petition in the same court before the second anniversary of the sale.
- The district clerk holds any money left over for two years and must mail the former owner a notice if it is more than $25.
- The claim is a petition in the same court, filed before the second anniversary of the sale; the other parties get a copy at least 20 days before the hearing.
- Mortgage and HOA liens and later taxes are paid before former owners.
- Mortgage and other lienholders are paid before owners. You do not need to pay anyone to find it: non-lawyers may not charge a fee, and a lawyer’s fee is capped at 25% or $1,000, whichever is less.
Tex. Tax Code § 34.02(d) · Tex. Tax Code § 34.03(a)(1) · Tex. Tax Code § 34.04(a) · Tex. Tax Code § 34.04(i)
Watch for offers that cost you
Tax-lien loans can charge up to 18% a year and are barred for 65+ homesteads. “Heir hunters” may not buy your excess-proceeds claim before day 36 or by phone or door-to-door, and must pay at least 80% up front.