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Tax Lien Certificates vs Tax Deeds: Why Texas Is a Deed State

Everyone · Updated 2026-10-16

Tax Lien Certificates vs Tax Deeds: Why Texas Is a Deed State

Information, not legal advice. Laws change; check the current statute or rule and talk to a Texas attorney before you act.

National courses and books on "tax lien investing" describe buying a certificate, earning a high interest rate, and getting the property only if the owner never pays. That is how some states work. Texas does not sell tax lien certificates. It sells the property itself, by deed, after a court judgment, and the owner can buy it back for a set period. Knowing the difference keeps out-of-state playbooks from causing expensive mistakes in Texas.

Two basic systems

Tax lien certificateTax deed
What the buyer getsA certificate: the right to be repaid the taxes plus interest or a penaltyA deed to the property
How bidding usually worksBid down the interest rate, or bid a premiumBid up the price
Who owns the house after the saleStill the ownerThe buyer (subject to any redemption right)
How the buyer gets the propertyOnly by applying for a deed or foreclosing after a waiting periodImmediately, or when redemption expires
Typical returnThe interest the owner pays to redeemThe property, or the redemption premium

Many states blend the two. A "redeemable deed" state gives the buyer a deed right away, but lets the owner redeem for a period by paying the price plus a premium. Texas is one of these.

How Texas works

  1. No certificate sale. Delinquent taxes are collected by the taxing units, usually through private law firms. There is no annual auction of liens.
  2. Tax suit and judgment. The taxing unit sues in district court to foreclose its tax lien. The court enters judgment and orders the property sold. See Texas delinquent tax suits explained.
  3. Sale by deed. A sheriff or constable sells the property at public auction on the first Tuesday of the month (Tex. R. Civ. P. 646a; Tax Code §34.01). A county may allow online bidding (§34.01(a-1)). The deed "vests good and perfect title" in the buyer, subject to the owner's right of redemption and certain recorded covenants and easements (§34.01(n)).
  4. Redemption. The former owner can buy the property back by paying the bid, the deed recording fee, taxes and costs the buyer paid, plus a premium (§34.21): - Homestead, agricultural-use land, or a mineral interest: up to 2 years after the deed is filed; premium 25% in year one, 50% in year two. - Everything else: 180 days; premium up to 25%.

See Redemption rights after a Texas tax sale.

  1. No bidder. If nobody bids enough, the property is "struck off" to the taxing unit and resold later (§34.05). See Struck-off properties and tax resales.

Texas also has a feature most certificate states lack: the property tax loan, where a licensed lender pays the taxes with the owner's consent and takes a transfer of the tax lien (Tax Code §32.06). That is the closest Texas comes to a private market in tax liens, and it is a regulated loan, not an auction. See Texas property tax loans.

What this means for investors

Which states sell certificates?

The table below summarizes systems as described by official or published sources reviewed in 2026. State law changes often; check before you invest.

StateSystemKey terms (as published)Source
FloridaTax certificatesBids start at 18% and go down; annual sale by June 1; deed application after 2 yearsFlorida Stat. ch. 197; Hillsborough Tax Collector
ArizonaCertificates of purchaseUp to 16%, bid down; holder can foreclose after 3 years; February salePima County Treasurer; ARS title 42
New JerseyTax sale certificates18%, bid down to 1%, then premium bidding; each town runs its own saleNJ Division of Local Government Services
AlabamaLien auction or certificate sale, by countyLien auctions at 12% bid down (GovEase)GovEase Alabama overview
MississippiLien saleAugust sale, 18%, 2-year redemptionGovEase Mississippi overview
MissouriCertificate sales by countyAugust sales, 10% maximumMo. Rev. Stat. §140.340
IllinoisCertificates (Cook County in transition)2026 law moves Cook toward judicial deed auctionsCapitol News Illinois
GeorgiaRedeemable deed20% premium in year one, 10% each later year; 12 months before barmentO.C.G.A. §48-4-42
TennesseeRedeemable deed12% a year; redemption shortened from July 1, 2026BillTrack50 summary
NevadaDeed after 2-year trust periodNo investor interestNRS 361.570
ArkansasState land commissioner sells forfeited landNo post-sale redemption since July 2023Arkansas Commissioner of State Lands
TexasRedeemable deed2 years (homestead/ag/mineral) at 25%/50%; 180 days otherwise, up to 25%Tax Code §34.21

Surplus is treated differently too

When a Texas tax sale brings more than the judgment, the excess goes into the court registry and the former owner (and lienholders) can claim it for 2 years. Texas tightly limits who can charge a fee to recover it: a non-attorney may not, and an attorney's fee is capped at the lesser of 25% or $1,000 (Tax Code §34.04). See Excess proceeds from Texas tax sales. Nationally, the U.S. Supreme Court held in Tyler v. Hennepin County (2023) that a county that keeps surplus beyond the tax debt takes property without just compensation, which pushed several states to change their laws.

How this shows up in Agentix Data

We track posted Texas tax-sale, resale and struck-off listings (sale date, cause number, minimum bid, account) alongside tax suits and delinquent rolls in our covered counties, so you can follow an account from first delinquency to sale. We currently cover Texas only; we do not sell lien-certificate data for other states.

Sources

General information, not legal or financial advice.