Agentix Data Solutions

Texas Property Tax Loans and Tax Lien Transfers

Tax lenders & tax industry · Updated 2026-10-16

Texas Property Tax Loans and Tax Lien Transfers

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

Texas has a lending product most states do not: the property tax loan. A licensed lender pays an owner's property taxes to the taxing units, and the government's tax lien is transferred to the lender. The lender then holds a lien that keeps the tax lien's priority, ahead of most mortgages, and the owner repays the lender over time.

The legal pieces are Tax Code §32.06 (the transfer), Tax Code §32.065 (the loan contract), Finance Code chapter 351 (licensing and conduct), and the Finance Commission's rules in 7 TAC chapter 89. The regulator is the Office of Consumer Credit Commissioner (OCCC).

Why the lien matters

On January 1 each year a tax lien attaches to property to secure that year's taxes, penalties and interest (Tax Code §32.01). That lien has priority over a homestead interest and over the claims of other lienholders, including mortgages and HOA liens, even if those existed first (§32.05). When the lien is transferred to a property tax lender, the lender is subrogated to the taxing unit's rights and remedies, including foreclosure, but cannot foreclose where the taxing unit itself could not (§32.065(c)).

That priority is why the product exists, and why the law surrounds it with rules.

How a transfer works, step by step

  1. Owner authorizes payment. The owner signs a sworn document authorizing the lender to pay the taxes. It must name the lender, describe the property, and state that the owner was told a disabled owner may qualify for a §33.06 deferral (§32.06(a-1)). The lender adds its license number (Finance Code §351.054).
  2. Lender pays the tax office. The lender pays the taxes, penalties, interest and collection costs.
  3. Collector certifies the transfer. The collector issues a tax receipt and a certified statement that the lien is transferred, within 30 days, and marks the transfer date on the account (§32.06(b)).
  4. Lender records it. The transfer is recorded in the deed records of each county where the property sits (§32.06(d)).
  5. Mortgage holder is told. Within 10 business days of receiving the certified statement, the lender sends a copy of the sworn document by certified mail to the mortgage servicer and each recorded first-lien holder (§32.06(b-1)).

For residential property used for personal or household purposes, the federal Truth in Lending Act right of rescission applies (§32.06(d-1)).

Which taxes can be financed

A contract that tries to authorize payment of taxes that are not yet due, or that lacks the sworn authorization, is void (§32.06(a-7)).

Who cannot get one

SituationRule
Owner is 65 or older and eligible for the over-65 homestead exemption on the propertyMay not authorize a transfer (§32.06(a-3))
Home was financed with a government or nonprofit grant or below-market loan still subject to its covenantsNo transfer (§32.06(a-8)(1))
Property carries a city substandard-building lien under Local Government Code ch. 214, subch. ANo transfer (§32.06(a-8)(2))
Taxes not yet due, or current taxes on a mortgaged propertyNot eligible (§32.06(a-2), (a-7))

Disabled owners are not barred, but the deferral notice in the sworn document is mandatory.

Rates, fees and timelines

Licensing

A person must hold a chapter 351 license to make, transact or negotiate property tax loans, or to charge the fees and interest those loans allow (Finance Code §351.051(a)). Anyone who advertises or solicits property tax loans is presumed to be in the business (§351.009(b)). Exempt: banks, savings institutions, credit unions and their affiliates, relatives within the second degree, and individuals making five or fewer loans from their own funds in 12 months (§351.051(c)). Loans can be sold only to licensed or exempt persons (§351.003(b)).

Individuals who originate property tax loans on a principal dwelling must also hold an individual residential mortgage loan originator license and be enrolled in the NMLS (§351.0515). The OCCC examines lenders and can assess penalties (§§351.006, 351.008).

How big the industry is

OCCC data reprinted in its 2025 consumer loan study show that in 2024 lenders made 10,346 property tax loans totaling $281.3 million, with 53 companies reporting. The average residential loan was $21,399 at an average rate of 13.99%. The industry relies on direct mail, web search and repeat customers, according to the same report. Advertising rules are in Property tax lender advertising rules.

How this shows up in Agentix Data

For the counties we cover, our delinquent rolls show years and amounts owed and whether a tax suit has been filed, and our appraisal-district records carry homestead and over-65 exemption codes so you can exclude ineligible owners. We do not carry mortgage or deed-of-trust data, so "is there a recorded mortgage?" (which decides whether current-year taxes can be financed) still needs a title or clerk check.

Sources

General information, not legal or financial advice.