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My land is going to a Texas tax sale. Can I still sell it?

Daniel Echeverri · Alma Terra Partners · Updated · 6 min read

The short answer

Yes, in most cases you can sell right up until the sale. The back taxes, penalties and legal fees are paid out of the sale at closing, so you don’t need cash. Even after a Texas tax sale, you may have a window to buy the land back, called redemption. For most vacant land that window is only 180 days, so don’t count on it.

How land ends up at a Texas tax sale

It follows a set path, and each step gives you a chance to act.

  1. Taxes go delinquent on February 1. A 6% penalty and 1% interest are added right away.
  2. The penalty grows each month. By July 1 it’s 12%, and interest keeps adding 1% a month with no cap.
  3. A collection fee is added. Many Texas counties hand delinquent accounts to a law firm on July 1. The fee can be up to 20% of the taxes, penalties and interest owed.
  4. The tax suit. The county, school district or city sues. You’ll get court papers, usually by mail or by a process server.
  5. The judgment. The court rules for the taxing units and orders the land sold.
  6. The sale. Texas tax sales happen on the first Tuesday of the month. In-person sales run between 10 a.m. and 4 p.m., and online sales end at 4 p.m. that day. Some counties sell on the courthouse steps. Others, like Travis County, sell online.

The time between step 1 and step 6 can be a year or several years, depending on the county.

What the letters mean

  • A delinquent notice means you’re late. No sale is scheduled.
  • A lawsuit or citation means the county has sued. This is the time to call someone.
  • A notice of sale has a date on it. That’s the date you’re working against.

Your options before the sale

  1. Pay it off. Ask the tax office for a payoff amount good through a specific date.
  2. Ask for a payment plan. Texas law lets tax offices offer installment plans of up to 36 months. For vacant land, the tax office decides whether to say yes.
  3. Sell the land. The title company pays the taxes, penalties, fees and court costs at closing, and you get what’s left.
  4. Do nothing. The land is sold at auction. If it sells for more than what’s owed, you can file a claim for the extra money, but you have to find out about it and claim it in time.

What redemption means in Texas

After a tax sale, the old owner can sometimes buy the land back:

  • Most vacant land: 180 days after the buyer’s deed is recorded.
  • Land with an agricultural designation, or a homestead: 2 years.

Redeeming costs what the buyer paid, plus a premium of up to 25%, or 50% in the second year for land with the 2-year window. Plus certain costs the buyer paid. It’s expensive, and most owners never use it.

Can you sell land with a tax lawsuit on it?

Yes. A lawsuit doesn’t freeze the land. The judgment amount is just another bill that gets paid at closing. What matters is timing. The closer you are to the sale date, the faster the title company needs to move, so call early.

Daniel Echeverri, founder of Alma Terra Partners, smiling in a navy jacket

From our desk

A real deal, in Daniel’s words

A woman in California inherited a small lot in Seguin, in Guadalupe County, right by the Guadalupe River. She never paid the taxes, and one day a letter came from the county saying the lot was going to auction. She didn’t want to put any more money into it and was ready to let it go for nothing.

We bought it before the sale, paid off the back taxes at closing, and she walked away with money in her pocket. The auction never happened.

Daniel

Common questions

When are tax sales held in Texas?

On the first Tuesday of the month. In-person sales run between 10 a.m. and 4 p.m. Online sales end at 4 p.m. that day. Each county decides whether it’s in person or online.

How long do I have to redeem land after a Texas tax sale?

180 days for most vacant land. 2 years if the land had an agricultural designation or was a homestead.

Can I stop a Texas tax sale?

Paying the full amount owed before the sale stops it. So does selling the land and paying the taxes at closing before the sale date.

What if the land sells for more than the taxes owed?

The extra money, called excess proceeds, is held by the court clerk. The former owner has to file a claim within 2 years of the sale date.

Sources

This guide is general information, not legal or tax advice. Dates and procedures vary by county. Your county tax office can confirm where your parcel stands.

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