Please read this first. Educational site only. Not a law firm, not a HUD counselor, not the tax office. This page is not legal advice.
Updated September 2026. Educational only — not legal advice.
In the Houston area both mortgage trustee sales and property-tax sales often land on the same first Tuesday. They are different cases, different notices, and different offices. Paying one does not automatically stop the other.
Mortgage trustee sale
The lender (or substitute trustee) enforces the deed of trust. Notices come from the servicer or trustee. Process: how foreclosure works in Texas. Place of sale is on that notice — Harris is usually Bayou City Event Center; other counties have their own rooms or steps.
Property-tax sale
The county (through a sheriff or constable, after a tax lawsuit and judgment) enforces unpaid property taxes. Notices look like “notice of sheriff’s sale” or constable sale, with a cause number and taxing units (school district, county, city). Minimum bids are tax, penalties, and costs — not your mortgage payoff.
Tax sales can be in the same building as mortgage sales (Harris) or in a courtroom (Brazoria) or online (Galveston and Montgomery have moved many tax sales to RealAuction). Always read that notice.
Why people mix them up
- Same first-Tuesday calendar (and the January 1 / July 4 Wednesday rule)
- Same event center in Harris County for many lists
- Escrow: if the servicer pays taxes, a tax sale is less common until escrow breaks; if you pay taxes yourself, a missed year can run on a separate track
Redemption and title
Texas tax sales often come with a redemption period after the sheriff’s deed (longer for homestead / agricultural property than for other property). A standard mortgage trustee sale generally does not give a long post-sale redemption. Do not assume you can “buy the house back” the same way after a bank auction. Ask a Texas attorney or legal aid about your notice.
What to do
- Sort the stack: bank/trustee letters vs. tax office / constable / law-firm tax letters.
- Mortgage: servicer loss mitigation + HUD counselor. Tax: the law firm and tax office named on that notice, plus a counselor.
- Harris County homeowners can start housing resources at ownthehou.org/resources. Tax Assessor-Collector pages explain tax-sale day; they are not HUD counselors.
- Who to call for HUD and legal aid.
This site does not take cases and does not bid at auctions.
Frequently asked questions
If I catch up the mortgage, is the tax sale off?
Not automatically. Ask the tax-sale attorney or tax office whether that judgment is paid.
If I pay the taxes, will the bank stop?
Not automatically. The deed of trust is a different lien.
Related: HOA vs. mortgage · Notice of trustee sale · Who to call