Texas tax sale - eviction???? possessions??

This is about property in Texas.
If a property is up for tax sale auction, but someone is still living in the house, what are the legal requirements for eviction?

Also what about items left in a home even though there is no one living in the house?

Great question!! Here’s how it works…

In Texas, when you buy a property at tax sale, you receive the actual DEED to the property. So, technically, the property is legally yours once the deed is recorded (typically about 3 weeks after the sale).

Homeowners in Texas have two different rights of redemption when it comes to losing their property at tax sale. One, is a non-homesteaded exemption, which allows them 6 months from the date of the sale to pay back the amount YOU PAID for the property, plus 25% interest.

The second, is an actual Homestead exemption which gives them 2 years to pay back the amount YOU PAID plus 25% the first year and an additional 50% the second year. This is a great return on your money if they do so redeem.

HOWEVER, pertaining to your question about possession after sale: once you receive the deed, the property is legally yours, and no matter what the length of their redemption period, you have the legal right to have them removed from the premises.

In Texas, this is NOT considered an eviction, because there is no leasing or landlord agreement bewteen you and the residents. It’s as simple as this: call the sheriff’s office of the county in which you purchased the property, and tell them you need to have “trespassers” removed from your property. In my experience, the sheriff’s office has always been very helpful in these situations, as they understand it perfectly because they run the tax sales.

This is merely a trespassing issue, and you can have them and their belongings removed. If they leave belongings, you are required to keep them in safe keeping for an extended amount of time in order to give the residents opportunity to claim them.

Tax Lien Queen :slight_smile:

Hold on a minute.

Bad advice.

First the 25% is not interest. It is a penalty whether they redeem day one or 365. The second year is another 25% not an additional 50%.

Person in possession has certain rights whether they are on a month to month, foreclosure, tax sale, or tenant at sufferance. They are not tresspassing.

For an eviction you have to give them a 3 day notice to vacate before filing an FE&D at the JP court. After the Judge rules and it is finalized you get a writ of possession which allows you to set their possessions out. The constable will be there to keep the peace.

If you did not give them notice before the sale you will have to give them a 30 day notice if they are willing to pay rent. Of course you can buy them out.

We always took a certified copy of the deed to attach to the letter to vacate in 3 and/or 30 days when we went to the visit the occupants.

If you did not give them notice before the sale<

Ok, that part has me a bit confused. Why would I give them notice before the sale if the county is the one who held the sale?

If you give notice to the person in foreclosure to move you can avoid the 30 day notice as a tenant at sufferace and move directly to a writ of possession. Obviously, you don’t know you are going to buy that property so you have to go through the eviction process.

Legally, there is no right or requirement that a potential buyer at a tax sale give notice to a property owner to vacate premises prior to sale. A potential buyer that does this can face legal charges of harassment and trespassing. Notice of tax delinquency and pending sale is given to property owner (and other parties of interest) only by county, per Tax Code Chap. 33 section 912.

If the person in the property (residential) is the owner of the property, then Bud is correct, a writ of possession will have to be filed after recordation of the tax deed in order to have said persons removed. If, however, the person still remains in the property AFTER the expiration of the redemption period, then the issue is considered trespassing, and the sheriff’s office will have them removed.

If the person in the property was a tenant prior to tax sale, the tax deed purchaser must given tenant 30 days written notice to vacate, or create a new lease between themselves and the tenant. The old lease no longer applies, as the county tax lien foreclosure is superior to any outstanding leasing agreements. Eviction can only be done between the legal landlord and the tenant. Again, if the 30 days expires on the notice to vacate, then the tenant is now committing forcible entry and detainer, and can be physically removed from the premises by an officer of the law.

Hope this was helpful.

Thanks. I think I have a better idea of what to do.

Howdy All:

One thing I noticed above is that the deed need be recorded usually 3 weeks to be legal owner. The deed is valid when signed and does not have to be recorded to be valid. Once you have a copy of the deed it is your property and not weeks later after it is recorded. Recording gives you first priority over other possible deeds and liens etc but is not necessary to make a deed valid.

You should get the deed at the sale when you pay the $$$$$ and you can record the day of the sale. You can get a copy stamped showing that it was received for recording at that time too.

Anyone living in the property has legal rights to possession. I have had to go to court to evict trespassers who had no lease and were nothing but squatters, but they have rights just the same. If they will leave by threats them they are gone but if not then they are tenants of some sort like Bud said.

LOL It can get crazy


Where did you get the idea that a deed needs to be recorded for 3 weeks to be the legal owner? As you say the minute the deed is signed and you accept it , it is valid. Record it and you have priority over others claim.

In San Antonio it would take until Thursday for the Sherriff it have the deed ready. I don’t know of any Counties that do it the same day but there can be some.

The one time I exercised a landlord’s lien was when the tenant in San Marcos had subleased to another party without permission. I confiscated a bunch of fishing gear. Found out the guy was a fishing guided and the stuff I took would have been considered tools of his trade. He did call and paid rent until the end of the month when he left.

Howdy Bud:

It was not my idea. I got it from the Taxlienqueen from above on the second post of this thread. I was just trying to add some insight of my experience and book learning.

Thanks Bud