Written offer and written terms before you commit; title-company closing. Ask the title company to check recorded ownership, payoffs, and settlement items for this address.
Inherited house: who can sign?
Often, yes, a Texas house can be sold before the estate is finished once the right person has legal authority to sign. In an independent administration, the executor or administrator can sell without asking the judge first; that authority begins when the court issues letters, the papers showing the appointment. In a dependent administration, the court stays in charge: the house cannot be sold without a court order, and the judge must approve the sale before the deed is signed.
If there is a will and the only unpaid debts are a mortgage or other real-estate liens, the court may admit the will as a muniment of title, an order that lets the people named in the will deal with the property without appointing an executor. This generally must be requested within four years of death. Without probate, heirs usually all sign; the title company decides what proof of heirship it needs. Bring the deed, will, letters, and court papers to the title company. If you need an estate attorney, we can help you find one.
Texas Estates Code §§101.001–101.051 · Independent administration, §§401.001–401.006 · Independent executor’s power of sale, §§402.052–402.053 · Dependent administration, §§356.001, 356.556, 356.558 · Muniment of title, §§257.001, 257.054, 257.102.
Mortgage foreclosure deadlines
Can you still sell a Texas house in foreclosure? Often, yes, if your sale closes before the foreclosure sale. A lender usually forecloses without going to court through a trustee or substitute trustee. For a home used as your residence, the loan servicer must first send a written default notice by certified mail and give at least 20 days to catch up before a sale can be noticed. At least 21 days before the sale, the notice must be posted at the courthouse, filed with the county clerk, and sent by certified mail to each borrower.
The sale is a public auction at the county courthouse, usually on the first Tuesday of the month between 10 a.m. and 4 p.m. It must start no later than three hours after the time stated in the notice. Some foreclosures go through court and follow different steps. If a trustee's sale is scheduled, tell us the date right away so we can try to close before it.
Texas State Law Library: foreclosure before the sale and notice periods · Texas State Law Library: the foreclosure sale.
Tenants and security deposits
A sale does not cancel a Texas lease; the buyer becomes the new landlord. From the day the new owner gets title, it is responsible for returning security deposits and must give each tenant a signed statement that it bought the property, is responsible for the deposit, and states the exact amount. You remain responsible for deposits you collected until the new owner receives them or takes over that responsibility, unless the written contract says otherwise. Put the lease, deposits, access, and possession plan into the comparison before setting terms.
Texas Property Code §92.105, security deposits when ownership changes · Texas Property Code §91.001, month-to-month tenancy notice.
Texas transfer tax and closing costs
Texas has no state, county, or city real estate transfer tax on a sale that conveys full ownership. The Texas Constitution bars a new transfer tax on those transfers after January 1, 2016. A deed still needs to be signed before a notary and recorded with the county clerk; recording fees are based on pages, not the sale price. Ask the title company or Jefferson County Clerk about the current recording charge for the deed.
When you sell to us, we pay the closing costs. Your mortgage, liens, back taxes, and share of current property taxes are separate.
Texas Constitution, Article VIII, Section 29 · Texas Legislative Council analysis of proposed amendments · Jefferson County Clerk official-records portal.
Code notices, orders, and liens
A Texas house with code violations can often be sold, but open notices, orders, bills, and liens still need attention. A sale does not automatically end an order or court case. A city may give a deadline to correct a problem; if it is not addressed, the city may issue a citation or arrange the work and bill the owner. A municipal lien for the cost can be recorded with the county clerk and generally must be dealt with at closing. For a substandard building, an owner may be told to repair or demolish it; selling the property is also an option. Send us any notices so the title company can check for open orders and liens. When you sell to us, we’re the buyer, so the repairs become our job.
Texas Local Government Code §214.001, substandard-building orders and municipal liens.