Texas state tax lien on Texas homesteaded house.

[Margaret]

can i sell my home (homestead) without paying leins?

[Admin]

Margaret,
Based on what you've asked, I would say generally "no".  By definition, a "lien" is attached to the property.  If you have a traditional sale, those liens would be paid off as part of transferring clear title.

However, there are numerous creative ways to sell your house without paying off the underlying debts.  It would take more info to know what you're actually asking.  Thanks.

[DariusBarazandeh]

Tim is correct.  You will not be able to sell the home without paying of the liens.  However, the term 'sale' is a loose one.   Let's that a bank would require you to clear off the state tax lien before the home could be used a collateral for your buyer's loan.


What is a state tax lien:  A state tax lien arises from unpaid sales taxes, excise taxes, use taxes, franchise taxes and inheritance taxes.

However, if you have a state tax lien on the property there are a few things to keep in mind:

1)State tax liens must be recorded to have priority.  

2) Generally, state tax liens cannot attach to homesteaded property like Federal tax liens.  (You may be able to raise a homestead defense to keep this lien off your property or get it removed)

3) State tax liens have limitations periods of 3 to 5 years, but Texas laws allows the mto be revived under certain scenarios.