Right of Redemption: Reclaiming Your Texas Property after a Tax Foreclosure Sale

Manfred Sternberg • July 13, 2023

Sometimes you fall behind on your taxes. Whether it’s through an accident, financial hard times, or the death of a family member leading to unpaid bills and confusion, sometimes things get away from us. But the county will place a lien on your home if you don’t pay your property taxes. You can then face foreclosure from the county looking to recoup those funds with a sale to the highest bidder to pay off the judgment against you. If this happens to you, you need to understand your  rights during foreclosure  and how to get your property back.

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The Right of Redemption  

In Texas, you may be able to reclaim your property even after a tax foreclosure sale in certain situations. This concept is called the “right of redemption.” To redeem your property, you’ll need to pay off the total amount of the judgment against you, including any interest, taxes, penalties, and the costs of obtaining the lien, foreclosure, and sale. See Tex. Tax Code §§ 33.43, 33.48. Redeeming the property will stop the foreclosure process and release the tax lien. See Tex. Tax Code § 33.53.   The amount of time you have to redeem your property is known as the “redemption period,” and it will vary based on the property type. Some properties have a 180-day redemption period that begins when the deed of sale is filed in the county records. Other properties, such as agricultural land and residential homestead properties, have a two-year redemption period.    However, you may still have options if the redemption period has already passed. You may be able to  recover any excess funds from the tax sale if the county sold your property for more than the judgment against you, including the costs of the foreclosure and sale.  


You Need an Experienced Foreclosure Sale Attorney  

If you and your family are facing a foreclosure or a tax foreclosure sale has already occurred, you need to understand your rights as a property owner. But you have a limited time to act to recover your property or excess funds from the sale. You need an experienced Texas attorney well-versed in helping those with foreclosed properties. Find out how the attorneys at Manfred Sternberg & Associates can help. Give us a call at (713) 547-5460 or contact us online to take the next step.

 

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