How to Sell a House Behind on Property Taxes Before It Reaches a Tax Sale
A late tax bill doesn't stop you from selling your house. You can still sell a Dallas house for cash with back taxes owed. Here's how selling behind on taxes works in Texas.
Property taxes don't pause for a hard year, and the clock behind them runs whether or not a bill ever reaches your mailbox. The tax lien doesn't stop you from selling — the payoff, plus whatever penalty and interest has piled up, comes out of the closing statement instead of your pocket.
Here's how the delinquency clock, the penalties, the deferral option and the tax sale actually work under Texas law, and where you still have room to act.
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Frequently Asked Questions
When exactly do Texas property taxes become delinquent?
Taxes are due on receipt of the bill and become delinquent if not paid before February 1 of the year following the year they were imposed, per Tax Code §31.02. A supplemental corrected bill has its own March 1 delinquency date, but the ordinary annual bill's line is February 1.
How much does a delinquent tax bill grow, month to month?
Under §33.01, penalty starts at 6% and rises 1 point per month to a 12% cap by July, plus 1% interest per month, uncapped. A collection penalty up to 20% (§33.07/§33.08, capped by §6.30) can also attach once the county's contracted attorney is involved, typically around July 1.
Can I still sell the house if I'm behind on property taxes?
Yes. The tax lien attaches every January 1 under §32.01 whether or not a bill has even been mailed, and it doesn't block a sale — the title company pays the delinquent amount, plus penalty and interest, out of your proceeds at closing using the §31.08 tax certificate.
What is the tax deferral affidavit, and does it cancel the debt?
No — it postpones collection. Filed under §33.06 by an owner 65 or older, disabled, or a disabled veteran on their residence homestead, it drops the interest rate to 5% annually and stops collection while in effect. It ends 180 days after the collector's notice following the date that owner stops owning and occupying the home — which is when an inheriting heir gets caught out.
What happens if the county sells my house at a tax sale?
You may still be able to get it back. Under §34.21 a residence homestead, agricultural or mineral-interest property carries a two-year redemption period (25% premium in year one, 50% in year two); other property has a 180-day window capped at 25%.
Will repairing or not repairing the house change what I owe in taxes?
Not automatically. The tax bill is driven by the appraised value, exemptions like the §11.13 homestead exemption, and the §23.23 10% annual appraisal cap — not by the physical condition of the house. Disputing the appraised value is a separate process through the Dallas Central Appraisal District.
What's a property tax loan, and does it complicate a sale?
It's a licensed third party paying your delinquent taxes to the county in exchange for the tax lien itself, under §32.06. It's legal, but it adds a second payoff with its own fee structure and its own payoff-statement timeline (governed by Property Code §12.017) that a title company has to obtain before closing can proceed on schedule.
When Property Taxes Become Delinquent
Texas Tax Code §31.02 sets the rule plainly: taxes are due on receipt of the bill and become delinquent if not paid before February 1 of the year following the year the tax was imposed. There's no separate 30- or 60-day cushion after that date — February 1 is the delinquency date itself, and everything else (penalty, interest, the eventual lawsuit) is measured from it.
A supplemental bill issued under a late correction has its own delinquency date of March 1, but for the ordinary annual bill, February 1 is the line. Missing it by even a few days starts the penalty-and-interest schedule below, and it starts automatically — no notice, no grace call, no separate warning letter is required to trigger it.
The Penalty-and-Interest Clock
Once a tax is delinquent, Tax Code §33.01(a) adds a penalty of 6% for the first month, rising 1 percentage point for each additional month, up to a total penalty of 12% by July. On top of that, §33.01(c) adds interest of 1% for every month or partial month the tax remains unpaid — uncapped, accruing for as long as the account stays delinquent. The Comptroller's Property Tax Assistance Division publishes the running penalty-and-interest schedule month by month; this page states the statutory formula itself, since the published figures move with the calendar.
A separate collection penalty layers on top once a taxing unit has contracted with a delinquent-tax attorney, capped under §6.30(c) at 20% of the tax, penalty, and interest collected. Under §33.07, it attaches on July 1 for taxes already delinquent on February 1, after the collector mails notice 30 to 60 days ahead. A second version, §33.08, covers taxes delinquent after that date, on a notice-triggered timeline instead of a fixed one. Two or three years unpaid can mean the 12% penalty, uncapped interest, and the 20% collection penalty all compounding on the same account at once.
Ways to Stop the Bleeding Without Selling
Selling isn't the only lever. Under §33.02, a collector may enter a written installment agreement — equal monthly installments over 12 to 36 months, with interest and (outside a homesteaded exemption case) penalty still accruing on the balance, but no lawsuit or seizure while it's kept.
An owner 65 or older, disabled, or a disabled veteran (or surviving spouse) with the matching exemption can instead pay the year's tax in four equal installments without penalty or interest under §31.031.
The bigger lever for that same group is the §33.06 tax deferral affidavit: filed with the appraisal district, it defers collection on a residence homestead entirely while in effect, at a reduced 5% annual interest rate. It doesn't erase the debt — it runs until the 181st day after the collector's delinquency notice following the date the person no longer owns and occupies the home as a homestead. That is what catches an heir off guard: the 180-day clock starts the moment the qualifying owner's occupancy ends. A separate §33.065 deferral covers a homestead's appreciating value for owners who don't qualify under §33.06.
The Tax Lien: When It Attaches and Why It Beats Everything Else
The lien itself doesn't wait for delinquency. Tax Code §32.01 attaches a lien on January 1 of each year to every property in the state to secure that year's taxes, penalties, and interest — before a bill is even calculated, let alone mailed. And under §32.05, that lien takes priority over a homestead interest and over the claim of any other creditor or lienholder, including a mortgage, regardless of whether that other lien existed first.
That's why selling a house never "wipes" a property tax bill — a sale simply moves the payoff from a future lawsuit to today's closing statement, where the title company pays the taxing units directly out of proceeds before anything reaches the seller.
The Tax Suit and the Tax Sale
If the account stays unresolved, §33.41 lets a taxing unit sue at any time after delinquency to foreclose the tax lien, pursue the owner personally, or both — folding in any other lien it holds on the same property. Court costs and the taxing unit's attorney's fees under §33.48 get added to what's owed. A judgment leads to a §34.01 tax sale — a public auction at the courthouse (or a commissioners-designated location), 10 a.m. to 4 p.m. on the first Tuesday of the month (first Wednesday when that Tuesday is January 1 or July 4). In Dallas County that auction is a constable's sale.
Before the officer running the sale can hand over a deed, §34.015 requires the winning bidder to produce a written Statement of Eligibility to Bid from the county tax assessor-collector, confirming the bidder owes no delinquent taxes of their own anywhere in the county or any school district or municipality inside it.
Redemption After a Tax Sale
A tax sale isn't automatically the end of the line. Under §34.21, a residence homestead, agricultural land, or mineral-interest property carries a two-year redemption period from the deed's filing — a 25% premium in year one, 50% in year two, on top of what the buyer paid plus certain costs. Any other real property gets a much shorter window — 180 days — with the premium a private purchaser can charge capped at 25% regardless of when in that window it happens.
Redemption is real leverage, not a substitute for acting earlier — it means coming up with the full payoff plus a real premium, on a fixed clock, after the property has already changed hands once.
What Happens at Closing
A title company handling a delinquent account starts with a §31.08 tax certificate from the collector, showing every delinquent tax, penalty, interest, and known cost, for a fee capped at $10. That figure, plus the current year's taxes prorated to closing, gets paid out of seller proceeds at the table — the same mechanism that pays off a mortgage.
One complication shows up more often than expected: a property tax loan. Under §32.06 a licensed transferee can pay the delinquent taxes directly to the county in exchange for the tax lien itself — swapping the county's lien for a private lender's. That lender owes a payoff statement on request under Property Code §12.017 (at least seven business days to deliver it), with §32.065 governing what it can include. It adds a second payoff, with its own fee and timeline, for the title company to chase before closing.
Exemptions, the Appraisal Cap, and Protesting the Value
None of the penalty-and-interest math above is affected by condition — a fire, storm damage, vacancy or deferred repairs don't reduce a tax bill. What can is the value side: a homestead exemption under §11.13, the §23.23 cap limiting a homestead's appraised-value increase to 10% per year over the prior year (plus new improvements), and, for owners 65 or older, a frozen "tax ceiling" on the school-district portion of the bill. Disputing the appraised value is separate — filed with the Dallas Central Appraisal District (DCAD), which also handles homestead exemption filings at no charge.
Dallas County's tax bills for most local jurisdictions run through the Dallas County Tax Office, led by Tax Assessor-Collector John R. Ames — the office that issues the §31.08 tax certificate and the §34.015 Statement of Eligibility, and that maintains the county's list of properties held for resale after going unsold at a tax sale.
Get a Cash Offer Before the Next Penalty Date Hits
The earlier you sell against this clock, the more of the equity stays yours instead of the county's or a tax-loan lender's. We buy houses behind on property taxes, the same way we buy anywhere else in the county, with the payoff, penalty and interest built into the offer and paid at closing. Call or text (323) 622-6021.
Related Situations
Dealing with a different situation? See our guide to selling a house in foreclosure or selling a house with liens.
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