By Joe Herrera, Founder of 915 Home Buyers — published September 30, 2026
Texas doesn’t have a state income tax, which means property taxes carry a lot of weight — and when they go unpaid, the consequences move faster and hit harder than most homeowners expect.
The short answer: Texas property taxes are due by January 31 each year. Miss that date and the account is delinquent on February 1, with penalties and interest starting immediately. If the delinquency isn’t resolved, the taxing authority can file suit to foreclose, and the property can eventually be sold at a public tax sale — though Texas law gives most homeowners a redemption period afterward to reclaim it. You have options at nearly every stage, but they get more limited and more expensive the longer the taxes stay unpaid.
The Timeline: From Due Date to Delinquency
Property taxes in Texas are assessed by the county and are due by January 31 of the year following the tax year. If payment hasn’t posted by February 1, the account becomes delinquent automatically — there’s no grace period or warning call required first.
Once delinquent, penalties and interest start accruing under Texas Tax Code §33.01: a 6% penalty plus 1% interest in February, climbing by 1% each additional month the balance goes unpaid, capping at 12% penalty by July 1 — with interest continuing to accrue at 1% per month beyond that with no cap. Add in the taxing unit’s collection costs (often an added 15–20% once the account is referred to a delinquent tax attorney, which frequently happens around July 1), and a bill that started at a few thousand dollars can grow substantially within a single year.
When Foreclosure Becomes a Real Possibility
Under Texas Tax Code §33.41, the taxing authority (or a private company that has purchased a tax lien transfer, if the county allows it) can file a lawsuit to foreclose on the property for unpaid taxes at any time after the account becomes delinquent — it does not have to wait years. In practice, most counties give some time for payment plans and collection efforts before litigation, but there’s no legal requirement forcing a lengthy wait.
If the lawsuit proceeds and the taxing authority wins a judgment, the county can order the property sold at public auction to satisfy the debt. These sales — often called sheriff’s sales or constable’s sales — are typically held on the first Tuesday of the month at the county courthouse, per Texas Tax Code §34.01.
How a Texas Tax Sale Actually Works
This is where Texas differs from a lot of other states: Texas uses a tax deed system, not a tax lien certificate system. That means the winning bidder at the auction doesn’t just buy a lien and wait to collect interest — they receive a sheriff’s or constable’s deed and become the new owner of the property, subject to the former owner’s right of redemption.
That redemption right is the safety net built into Texas law, and it’s significant:
- 2-year redemption period for homestead properties and properties with an agricultural exemption.
- 180-day (6-month) redemption period for all other property types — commercial property, non-homestead residential (like a rental), and vacant land.
To redeem the property during that window, the former owner pays the winning bidder the amount they paid at auction, plus the deed recording fee, plus a redemption premium: 25% if redeemed within the first year, or 50% if redeemed in the second year (homestead and ag-use properties only, since those are the only ones with a two-year window). Once redeemed, ownership reverts back to the original owner.
One important exception: federal tax liens generally survive a Texas property tax sale. If the IRS has a lien on the property, it can still redeem the property from the winning bidder within 120 days of the sale, separate from the homeowner’s own redemption rights.
You Can Stop the Process Before It Gets to a Sale
Every stage up until the actual auction has an off-ramp. Under Texas Tax Code §33.53, a property owner can pay off the delinquent taxes, penalties, interest, and any court costs at any point before the sale to stop the foreclosure entirely — even after a lawsuit has been filed and a judgment entered, as long as it’s before the property is actually sold. Many counties and tax offices also offer installment payment agreements for delinquent accounts, which can prevent the situation from ever reaching litigation if set up early enough.
This is also worth knowing if you’re behind on taxes because of a larger financial strain — job loss, medical bills, a death in the family, divorce. Texas offers property tax deferral options for homeowners who are 65 or older or disabled, which pause collection (though interest still accrues) rather than eliminating the debt.
Why This Situation Escalates Quietly
Most people who end up facing a tax foreclosure didn’t ignore a single bill — the situation built up over one or more tax years, often on a property that had other complications going on at the same time: an inherited house nobody formally took over paying taxes on, a property tied up in probate, or a home that sat vacant after a move and slipped off the radar. Vacant and inherited properties are especially at risk, since there’s often no single person checking the mail or the county tax portal regularly.
If a lien has already attached to the property — whether from unpaid taxes or another debt — and you’re trying to figure out how to sell despite it, our guide on selling a house with tax liens in Texas covers that process specifically, including how liens get paid off at closing. Think of this post as the “before it becomes a lien problem” stage, and that one as the “it’s already a lien, now what” stage.
Can You Sell a House With Delinquent Property Taxes?
Yes — and often, selling is the cleanest way out of a delinquent tax situation, especially once it’s clear the balance isn’t going to be caught up through regular payments. Delinquent property taxes don’t prevent a sale; they get paid off out of the sale proceeds at closing, the same way a mortgage payoff or existing lien would be. The taxing authority gets paid, and you keep whatever equity is left.
Where this gets tight is timing. If a foreclosure lawsuit has already been filed, or a sale date has been set, there’s a real deadline working against you. A traditional listing — inspections, showings, financing contingencies, a 30- to 60-day closing — may not move fast enough to beat that date. A direct cash sale can close in as little as one to two weeks, which is often the difference between selling on your own terms and losing the property to auction with nothing to show for the equity in it.
If you’re in this position, the most useful thing you can do first is find out exactly where things stand: how much is currently owed, whether a lawsuit has been filed, and whether a sale date exists yet. That information changes the timeline dramatically, and it’s worth a call to the county tax office before making any decisions.
The Bottom Line
Unpaid property taxes in Texas move from due to delinquent the day after the January 31 deadline, and from there, penalties, interest, and eventually foreclosure are all legally possible — though rarely instant. You have real options at every stage: payment plans, deferrals for qualifying homeowners, paying off the balance before a sale, and even a redemption period after a sale in most cases. If the timeline is closing in and a traditional sale isn’t realistic, a direct cash buyer can move fast enough to get the property sold and the debt resolved before it reaches auction.
Frequently Asked Questions
When do property taxes become delinquent in Texas?
Texas property taxes are due by January 31. If they’re not paid by then, the account becomes delinquent on February 1, and penalties and interest begin accruing immediately.
How long does it take before a house can be sold for unpaid taxes in Texas?
There’s no fixed waiting period — a taxing authority can file a foreclosure lawsuit any time after the account becomes delinquent. In practice, it typically takes many months to a couple of years of nonpayment before a case reaches an actual tax sale, since it involves a lawsuit, a judgment, and a scheduled auction.
Can I get my house back after it’s sold at a Texas tax sale?
Often, yes. Texas gives most former owners a redemption period after the sale — two years for a homestead or agricultural-exemption property, and 180 days for other property types. Redeeming requires paying the winning bidder back, plus a redemption premium.
Can I sell my house if I owe back property taxes?
Yes. Delinquent property taxes are paid off out of the sale proceeds at closing, similar to a mortgage payoff. It doesn’t block a sale, but if a foreclosure lawsuit or sale date is already in motion, the timeline for a traditional sale may not move fast enough.
Is there a way to stop a tax foreclosure before the sale happens?
Yes. Under Texas law, an owner can pay off the delinquent taxes, penalties, interest, and costs at any point before the actual sale to stop the foreclosure, even after a lawsuit has been filed. Payment plans and deferral programs (for owners 65+ or disabled) can also prevent the situation from reaching that point.
About the Author
Joe Herrera is the founder of 915 Home Buyers and a lifelong El Paso resident — his kids were born here, and it’s where he met his wife, Ruby. Joe started in real estate in 2009, learning the business under an established local investor before working his way up to lead that company’s acquisitions department. He later became a licensed Realtor and has since worked on the investing side of nearly every part of the business: flipping homes, wholesaling, owner financing, raising capital, and project management. Joe founded 915 Home Buyers to give El Paso homeowners a straightforward, no-pressure way to sell — especially the ones dealing with a house or a situation that doesn’t fit the traditional market.