Texas Tax Deed Due Diligence
Texas sells a redeemable tax deed. The winning bidder receives a deed at the sale but the former owner keeps a statutory right of redemption for a set period, during which they can reclaim the property by paying the amount bid plus a statutory redemption premium.
Texas sells a redeemable tax deed. The winning bidder receives a deed at the sale but the former owner keeps a statutory right of redemption for a set period, during which they can reclaim the property by paying the amount bid plus a statutory redemption premium.
Sale type
Redeemable tax deed
Redemption in brief
Redeemable deed
Redemption rights
Under Tex. Tax Code §34.21, the redemption period is two years for residential homestead, agricultural, or mineral property, and 180 days for all other property. The redemption premium is 25% of the total amount if redeemed in the first year and 50% in the second year. Until the redemption period runs, the buyer's title is subject to being redeemed.
How the sale works
Sales are conducted by the county constable or sheriff, typically on the first Tuesday of the month at the county courthouse. Bidding starts at the amount of taxes, penalties, interest, and costs (the judgment amount). The buyer receives a constable's or sheriff's deed after the sale.
What to verify before you bid
- Whether the property is homestead, agricultural, or mineral (this doubles the redemption period to two years).
- Any recorded federal tax lien — a federal redemption right may apply after the sale, but it is conditional. A nonjudicial sale is governed by 26 U.S.C. §7425(d) (a possible 120-day IRS redemption right); a judicial sale is governed by 28 U.S.C. §2410(c). Whether it applies turns on joinder/notice, lien priority, and the sale procedure, and any longer applicable state redemption period also runs. Confirm with a tax attorney.
- The exact judgment amount and any post-judgment taxes that must be paid.
- The chain of title and any breaks, which may require curative work or a quiet-title action before resale depending on the defect, governing law, and the title underwriter.
Key dates & deadlines
| Sale day | First Tuesday of the month at the county courthouse (constable/sheriff sale). |
| Redemption — homestead/ag/mineral | Two years from the date the deed is recorded (Tex. Tax Code §34.21). |
| Redemption — other property | 180 days from the date the deed is recorded. |
Lien survival note
Texas does not have an automatic HOA "super-lien." Tex. Prop. Code §209.009 restricts fines-only POA foreclosure but is not a priority statute; condominium regimes may have a limited priority under Ch. 82. Federal tax liens and certain governmental claims can survive — verify each against the recorder's index.
Primary sources for Texas
Verify everything here against the governing statute and the state's tax authority. Links open the official government source.
Related reading
Texas Tax Deed Due Diligence: What to Research Before Bidding in the Lone Star State
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Open the investor toolsThis guide is educational information about Texas tax-sale procedure, not legal or investment advice. Statutes are amended and county practice varies; confirm the current law and your county's specific sale terms with the primary sources above or a licensed attorney before bidding.