A Challenge to Texas Right of Redemption

1 Reply

We know that the redemption period for tax deeds in Texas is one of the following:

1) 2 years for homestead and ag exempt
2) 180 days for all others

However, it appears that it is possible for a tax sale to be contested beyond the redemption period - especially the NON homestead/ag properties. I especially want to thank @Roy Oliphant for pointing this out in one (or many) of his posts. Roy's comments got me curious and I wanted to get to the bottom of this. Please add-to and correct my ignorance below. 

I'm not a lawyer so the code if like hieroglyphics to me, but here are portions of the Texas Tax Code that I found helpful. 

Section 34.21 goes on to spell out the redemption period that most of us are familiar with. But as I read the highlighted sections above, I'm seeing two different interpretations; 1) anyone that has a right to the property and was not notified [33.54(b)] is not bound by ANY limitations period, 2) anyone that falls into the first interpretation actually has a 2 year limitation [34.08(c)]. Notice that this is outside of the homestead/non-homestead redemption sections found in [34.21].

I'm sure I don't understand this correctly and I have other questions, but let's start with this. Any RE attorneys want to comment? 

Thanks y'all 

@Cory Damon

Thanks for the kind words.  This does appear to be a provision without time limit but it does contain the requirement that the to-be contestor pays the taxes to cause the contestability to remain open.  If the tax deed purchaser is diligent about paying the taxes as soon as they are due, this eliminates that possibility.  But I do hope an attorney will jump in to clarify/confirm.