Property Tax
Foreclosure Defense
What is Foreclosure Defense?
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.
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.
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?
What happens after foreclosure of the tax lien, can I still get my house back?
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:
- the amount the purchaser bid for the property
- the amount of the deed recording fee
- the amount the purchaser paid for taxes, penalties, interest, and costs on the property, and
- 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).
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