Skip to content
Two investors reviewing resources on a laptop

Get industry-leading resources — for free

Unlock resources for every investing strategy and stage with a free account.

By continuing, you agree to BiggerPockets LLC's Terms of Use and Privacy Policy

Followed Discussions Followed Categories Followed People Followed Locations
Texas Real Estate Q&A Discussion Forum
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

8
Posts
1
Votes
Josue Tizol
  • Beaumont, TX
1
Votes |
8
Posts

Tax auction w/ sheriff's deed refinance

Josue Tizol
  • Beaumont, TX
Posted

Morning everyone, 

I bought a property at a tax sale auction in April and received a Sheriff's deed. From what I understand about Texas law, since the property was not a homestead the original owners had 6 months to reclaim the property. Now, 6 months passed and I'm trying to refinance to complete the BRRRR strategy but the title company won't issue a title policy because they say the original owner has 4 years to reclaim the property. Has anyone ran into this issue before? Thanks in advance!

Most Popular Reply

User Stats

888
Posts
759
Votes
Jerel Ehlert
  • Attorney
  • Austin, TX
759
Votes |
888
Posts
Jerel Ehlert
  • Attorney
  • Austin, TX
Replied

You need to see if the title company has worked with sheriff's deeds before.  You also need to show that this was not a homesteaded property.  The conservative point of view is that if the property could have been the tax payer's homestead, the underwriter will assume it was until proven otherwise.  If it was obviously not (vacant land, for example), the escrow agent may just be going off the policy they know and not understand the difference.  Your call was probably one of 20 files she/he delt with that day.

Loading replies...