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 “tax lien” is a legal claim against a property for unpaid taxes. It’s the mechanism that gives the taxing authorities the power to eventually collect by going after the property itself, and it’s central to why unpaid property taxes are so serious.
In Texas, a tax lien for property taxes generally attaches to the property automatically each year, securing that year’s taxes. You don’t have to do anything for it to exist; it arises by law. The lien stays attached to the property until the taxes are paid, which means the debt is tied to the real estate rather than floating loose. If the taxes go unpaid, the lien is what allows the taxing entities to pursue the property through a lawsuit and, ultimately, a forced sale to satisfy what’s owed.
One feature that makes tax liens especially powerful is their priority. Property tax liens commonly take priority over many other claims against a property, including, in many cases, mortgages and other liens. That high priority is why even a lender with a mortgage pays close attention to property taxes; unpaid taxes can jeopardize everyone else’s interest in the property.
For heirs, the tax lien explains why an inherited property’s tax problems can’t simply be ignored or escaped by walking away. Because the lien is attached to the property, it travels with it, and it affects anyone who owns or wants to own the real estate. It also explains why resolving the taxes, whether by paying them, addressing a suit, or selling a share to a buyer who will take on the obligation, is the path to actually clearing the issue rather than just deferring it.
A couple of quick questions:
Do I have to do something for a tax lien to attach? No. In Texas, a property tax lien generally attaches automatically by law each year to secure that year’s taxes, and it stays until the taxes are paid.
Does a tax lien outrank a mortgage? Property tax liens commonly hold priority over many other claims, including mortgages in many cases. That high priority is a big reason unpaid property taxes are taken so seriously.
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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