Property Tax

Foreclosure Defense

What is Foreclosure Defense?

Two things in this life are for sure, death and taxes. Specifically, property taxes are taken seriously in Texas by the tax accessor and the county. A property tax assessor-collector secures an interest in your property through a tax lien to ensure payment of delinquent property taxes in Houston.

If your property taxes remain unpaid, the tax assessor-collector has the legal right to pursue a property tax foreclosure of the lien and sell your home. The process normally begins with the filing of a tax suit by the attorney representing the tax assessor and the county.

If your taxes are not paid the tax suit will lead to a judgment foreclosing the tax lien and authorizing the constable to seize your property and sell it at public auction.

Red bag with tax on it and coin with dollar sign on top of bag

Houston Delinquent Property Tax Defense Options:

There are several alternative solutions our attorneys are skilled at accomplishing to help you avoid losing your house to the tax man.

Option 1 – Establish Repayment Plan with Tax Assessor
Some tax collectors allow property owners to set up payment plans, which allow payment of delinquent taxes in installments.

Option 2 – Apply for a Tax Deferral
If you or your spouse is over 65 and you claim the property as your homestead, you are in luck. By applying for an over 65 tax deferral, the property tax foreclosure process will be stopped immediately. The property tax deferral program is also available for certain disabled property owners

Option 3 – Secure a Loan for Taxes
While there are many different sources to borrow money for your property taxes, a property tax loan is considered one of the quick and easiest.

Three stacks of one dollar bills

What are your options?

There are several alternative solutions our attorneys are skilled at accomplishing to help you avoid losing your house to the tax man.

Option 1 – Establish Repayment Plan with Tax Assessor
Some tax collectors allow property owners to set up payment plans, which allow payment of delinquent taxes in installments.

Option 2 – Apply for a Tax Deferral
If you or your spouse is over 65 and you claim the property as your homestead, you are in luck. By applying for an over 65 tax deferral, the property tax foreclosure process will be stopped immediately. The property tax deferral program is also available for certain disabled property owners

Option 3 – Secure a Loan for Taxes
While there are many different sources to borrow money for your property taxes, a property tax loan is considered one of the quick and easiest.

Frequently Asked Questions

What can I do after I receive a delinquent tax notice but before a lawsuit is filed against me?

Challenge the assessed value of your home (if you think it is incorrect) to reduce the amount of taxes you have to pay. The county has a process for challenging the value of your home. It requires you to show up for a hearing and present proof to the county that the value of your house is indeed inflated. The county will not take your word for it. You need proof. While you can do this on your own it’s best to hire a real estate attorney to represent you. Contact us immediately at (832) 831-0833 for a free foreclosure defense consultation or fill out our form.

What happens after foreclosure of the tax lien, can I still get my house back?

In short, yes. However, a lot is required of you to do so.  In Texas, you have the right to redeem your property after a tax foreclosure sale. There is a two-year redemption period for residential homestead properties and agricultural properties.

How much you’ll have to pay to redeem if someone buys your home at the sale. To redeem your home from someone who purchases it at the sale, you’ll have to pay:

  1. the amount the purchaser bid for the property
  2. the amount of the deed recording fee
  3. the amount the purchaser paid for taxes, penalties, interest, and costs on the property, and
  4. a redemption premium of 25% if you redeem during the first year of the redemption period or 50% if you redeem during the second year of the redemption period (Tex. Tax Code § 34.21).

How much you’ll have to pay to redeem from the county. If the county gets the home at the sale and the property has not been resold, you’ll have to pay the lesser of:

  • the judgment amount, or
  • the fair market value of the property (as specified in the judgment), plus the deed filing fee and costs (Tex. Tax Code § 34.21).

Fill out our free case evaluation today!

CONTACT US

We would be glad to look at your case and see how we can help you get some relief.
Call us at (832) 831-0833 today and schedule an appointment. We look forward to helping you!




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