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Delinquent property taxes in Texas: penalties, the tax suit, and selling before the tax sale

Property taxes in Texas don't just sit there. Penalties and interest start in February, attorney fees get added in July, and eventually the taxing units sue and the county sells the property. A sale pays everything at closing, which is often the cleanest way out.

Updated October 2026

How it escalates

WhenWhat happens
February 1 after the tax yearTaxes are delinquent; penalty and interest begin and grow monthly.
July 1Accounts turned over to the taxing units' delinquent tax attorneys; a collection fee (a percentage of the amount owed) is added.
LaterA lawsuit to foreclose the tax lien, then a judgment and a tax sale at the courthouse. Timelines vary by county and by how far behind the account is.

Protections worth knowing

How a sale handles it

The title company orders a tax certificate, the delinquent amount (with penalties, interest and attorney fees) is paid from your proceeds at closing, and you receive the balance. If the property is already in a tax suit, closing before the sale date is possible; tell the buyer and the title company the case number and any dates on day one.

Questions people ask

Does the buyer pay the back taxes?

They come out of the sale proceeds at closing, so in effect the price covers them. The offer accounts for them.

Can I sell if a tax suit has been filed?

Yes, up until the property is sold at the tax sale. The sooner the better; attorney fees keep growing.

I'm over 65 and behind. Should I sell?

Ask the appraisal district about a tax deferral first; it may let you stay. Selling is one option, not the only one.

Related

Get a written, no-obligation offer within days

You get a call within 24 hours, usually the same day. One local buyer looks at the property as it is and gives you a written offer with a closing date. No repairs, no showings, no commission, no fee to you, and no list of companies calling. Buyers in this network typically pay the closing costs; the written offer spells out exactly what they cover.

  • 1. Tell us the address, the property type and the situation. Two minutes.
  • 2. You get a call within 24 hours. Your request goes to one North Texas buyer, not to a list.
  • 3. They walk the property once and put the offer in writing. Take it, or take it to an agent and compare.

A cash as-is offer is below full retail value. We say that up front because the buyer will too.

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