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Selling A House With Back Taxes Or Liens In Texas

A lien does not stop you selling. It gets paid out of the proceeds at closing, which is exactly what the closing process is designed to handle.

  • Property tax arrears settled at closing from the proceeds
  • Mechanic's, HOA and judgment liens handled by the title company
  • You do not pay anything off in advance

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  • We buy directly with our own funds, so there is no lender to approve the sale
  • Closing happens at a local Texas title company, not at our office
  • No agent commission and no listing fees come out of your proceeds
  • We pay the standard closing costs on the purchase
Back Taxes or Liens

What A Lien Actually Does To A Sale

People often assume they have to clear debts against the house before they can sell it. In almost every case the opposite is true: the sale is how they get cleared. The title company identifies everything attached to the property, and those amounts come out of the sale proceeds before anything reaches you.

Texas property tax arrears are worth taking seriously though. They accrue penalties and interest quickly, and taxing authorities can ultimately foreclose. Waiting rarely improves the position.

What Your Options Usually Are

You can pay the arrears and then sell normally. You can enter a payment plan with the taxing authority, which may buy time. Or you can sell and have everything settled at closing, which is usually simplest when the equity supports it.

Where We Fit

We buy with liens attached and let the title company do what it does. What matters is whether the offer covers everything owed plus closing costs. If it does not, we will tell you rather than let you find out at the closing table.

This is general information, not legal or financial advice. Every situation turns on its own facts and its own paperwork. For anything involving a court, an estate or a lender, talk to a Texas attorney or a HUD-approved housing counselor as well as to us.

In detail

How A Texas Property Tax Problem Escalates

Texas property taxes work differently from most debts, and the difference is why this situation gets serious faster than people expect. A tax lien attaches to the property on the first day of the year, before any bill arrives, and it generally takes priority over most other liens including a mortgage.

Bills usually go out in the fall and are typically due by the end of January. From the first of February a delinquent account starts accruing penalties and interest, and additional collection costs commonly attach later in the year once the account is referred to a collection attorney. The balance therefore grows on a schedule rather than sitting still.

Eventually a taxing unit can file suit to foreclose the tax lien and the property can be sold at a tax sale. Unlike an ordinary mortgage foreclosure, a tax sale in Texas does generally carry a right of redemption afterward, and for a residence homestead or agricultural land that period is normally two years. That is a meaningful protection, but redeeming costs more than paying would have.

Options Most Owners Do Not Know They Have

Before selling anything, check whether one of these applies to you, because several are better outcomes than a sale.

A deferral. Texas homeowners who are 65 or older, or who are disabled, can often defer collection of taxes on a residence homestead. The taxes still accrue with interest and are settled later, but the immediate pressure stops. Ask the appraisal district.

An installment agreement. Taxing units frequently allow delinquent amounts to be paid over time, and there are provisions that particularly assist certain homeowners. It is worth one phone call to the tax office.

Exemptions you never claimed. A homestead exemption, an over-65 or disability exemption, or a veteran exemption reduces what is owed going forward, and in some cases can be applied for late. Owners who inherited a house often never filed one.

Caution on property tax loans. A tax lien transfer can stop the taxing unit's clock, but it substitutes a private lender with a lien on your house. Read the terms carefully and compare them with an installment agreement first.

Establishing What Is Actually Owed, And To Whom

Get a current statement from each taxing unit or from the county tax assessor-collector, showing base tax, penalties, interest and any attorney collection fees, by year. Owners are frequently working from a figure that is months out of date and materially lower than the real one.

Then establish whether anything else is involved. Has a suit been filed. Has a judgment been taken. Is there a property tax loan already in place. Are there other liens: a mortgage, an HOA assessment, a municipal lien, a contractor lien, or a federal tax lien, which is a different thing entirely from a property tax lien and has its own process.

All of it gets paid from the proceeds of a sale in priority order, which is why the total matters so much. A sale only helps if it clears what is owed. If it does not, we will tell you that plainly rather than spending your time, and the conversation shifts to the deferral and installment options above.

Why Waiting Is The Expensive Option Here

This is the one situation on the site where the cost of delay is not an estimate. Penalties and interest accrue on a published schedule, and collection costs attach at a known point in the year. Every month of waiting increases the amount that must come out of any eventual sale, which reduces your equity by a calculable sum.

Against that, a sale settles every lien at closing out of the proceeds. You do not need to pay the taxes off first in order to sell; that is the most common misconception we hear on this topic. The title company handles the payoffs and you receive what remains.

If there is meaningful equity and you want to keep the house, pursue the deferral, the exemptions and an installment agreement, and treat a sale as the fallback. If the balance has grown past what you can realistically recover from, selling before a suit progresses preserves more of your equity than redeeming after a tax sale ever will.

The timings and procedures above are the general Texas pattern, not a ruling on your file. Deadlines can turn on a single document. Before you rely on any of it, put it to a Texas attorney, a CPA, or a HUD-approved housing counselor — and note that counseling is free, which is worth knowing before you pay anyone for it.

Questions

Common Questions

Do I need to pay the back taxes first?

No. They are normally paid from the sale proceeds at closing.

What if the liens are more than the house is worth?

Then a straight sale does not clear them, and you would need agreement from the lienholders. We will be direct with you if that is the position.

There is an HOA lien. Does that change things?

It is another item the title company settles at closing. Bring any HOA correspondence you have.

How do I find out everything attached to the property?

The title commitment lists it. That is one of the more useful things about starting a sale: you finally get a complete picture.

Do I have to pay the back taxes before I can sell?

No, and this stops more sales than it should. Delinquent taxes are paid from the closing proceeds in priority order, and you receive what is left. You do not need to find the money first.

I am over 65. Is there anything better than selling?

Quite possibly. Texas allows many homeowners aged 65 or older, and disabled homeowners, to defer collection of taxes on a residence homestead, and there are installment options too. Ask your appraisal district and tax office before you sell to anyone, including us.

The property already sold at a tax sale. Is there anything left to do?

Possibly. A tax sale in Texas generally carries a redemption period afterward, commonly two years for a residence homestead. Talk to a Texas attorney quickly, because the deadlines are firm and redeeming costs more than the taxes did.

Where we buy

We Handle This Across Texas

We buy in 36 Texas markets. If your city is not in this list, check the full list or just ask, because we very likely still buy there.

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