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 sale” is the public auction of a property to satisfy unpaid taxes. It’s the step a tax problem can reach if delinquent taxes are never resolved, and for an owner, it represents losing the property to cover the debt.
It generally works like this. After a tax suit results in a judgment for the unpaid taxes, penalties, interest, and costs, a court can authorize the property to be sold. An officer such as the sheriff or a constable conducts the sale, which is publicly posted and advertised beforehand, and the property is auctioned, often on a scheduled sale day at a designated public place like the courthouse steps. The proceeds are applied to the taxes and costs, with any remaining funds distributed according to the order set by law.
For the former owner, a tax sale is the outcome to avoid, because it usually means losing the property for the amount of the debt rather than its full value. If the property was worth far more than the taxes owed, that value can be lost in the process, and any surplus that might come back to the owner isn’t guaranteed to be substantial or prompt. Texas does provide a right of redemption after certain tax sales, a limited window to reclaim the property by paying the buyer back plus a premium, but relying on redemption is costly and uncertain.
For heirs, the tax sale is the reason urgency matters. It’s the endpoint that unpaid taxes drive toward, but it’s also avoidable at earlier stages. Up until a sale happens, there’s often still room to resolve the taxes or sell a share and capture value, rather than letting an auction decide the outcome.
A couple of quick questions:
Who conducts a tax sale? An officer such as the sheriff or a constable, after a court judgment authorizes it. The sale is publicly posted in advance and typically held at a designated public location.
If the property sells for more than the taxes owed, do I get the difference? Any surplus is distributed under rules set by law and isn’t guaranteed to reach the former owner quickly or in full. Acting before a sale is a more reliable way to capture a property’s value.
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.
Leave a Reply