Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
A lot of the fear around tax problems comes from not knowing how the process works. So here is the general path a delinquent Texas property tax account follows, in plain language. Knowing the sequence helps you see where you are and how much room you still have to act.
It starts with delinquency. When property taxes go unpaid after their due date, the account becomes delinquent and begins accruing penalties and interest. For a while, this stays an administrative matter between the owner and the taxing entities. If it isn’t resolved, the taxing units can refer the account to their attorneys and file a lawsuit to collect, which is where the Original Petition and the citation come in. Heirs of a deceased owner are typically named at this stage, after the county identifies them.
If the suit isn’t answered or resolved, it can proceed to a judgment, which establishes the amount owed and allows the property to be sold to satisfy the debt. That sale is conducted by the sheriff or a constable, often on the courthouse steps or another designated place, where the property is auctioned. The proceeds go toward the taxes, costs, and any other claims, in the order the law sets.
Texas does build in a safety valve. After certain tax sales, the former owner has a right of redemption for a period of time, a window to reclaim the property by paying the sale amount plus an added premium. The specifics, including how long the window lasts, depend on the type of property, which is something an attorney can confirm for your situation. The key point is that even a tax problem that has gone far isn’t always the end of the road, but every stage gets harder and costlier than the one before it. Acting earlier, whether by resolving the taxes, responding through counsel, or selling an inherited share, almost always leaves you with more control and more value than waiting does.
A couple of questions we hear a lot:
At what point is it too late to sell my share? Generally, you can sell your interest while you still hold it, which means there’s often a window even after a suit is filed. Once a property has gone all the way through a sale, the options change, so earlier is better.
Does the county want to take the property, or just get paid? The aim of these cases is collecting the unpaid taxes. A sale is the mechanism of last resort when the debt isn’t otherwise resolved, not the goal for its own sake.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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