McKinney, Plano, Frisco, Allen, Wylie, Prosper, Celina, Anna, Melissa, Princeton & the rest of Collin County: how the local process works, where it happens, and what your choices are.
If a house in Collin County has become a problem because of a foreclosure notice, back taxes, an estate nobody has opened, heirs who disagree, a lien or repairs you can't take on, you usually have more than one way out. We'll go through them in plain language, including the ones that don't involve us.
Most of the offices that matter are close together. The courthouse, the District Clerk and the Probate Court are all at 2100 Bloomdale Road in McKinney, and the Tax Office and the County Clerk's McKinney office are at 2300 Bloomdale. That makes the paper trail easier to follow than the deadlines, which is why we start by finding out which deadline you're facing.
Texas permits the assignment of a purchase contract without a real estate license, provided it isn't used to engage in real estate brokerage and the nature of the equitable interest is disclosed in writing to any seller or potential buyer. That's Tex. Occ. Code § 1101.0045. We follow that rule. Where River Capital LLC acquires and assigns a contract in Texas, we tell you in writing, up front, that what we're offering is our equitable interest in the contract and not the real property itself. We are not a licensed Texas real estate broker or sales agent, and we do not represent you in a transaction.
Tell us about the property. A no-obligation cash offer is one of the options we'll cover.
| Tax plan or deferral | Probate or title fix, then list | Sell as-is to a direct buyer | Partition suit | |
|---|---|---|---|---|
| Fits when | You want to keep a homestead and can make the payments | You have time and the house can show well | A deadline, repairs or title problem would stall a listing | Co-owners can't agree and nothing else has worked |
| Do you keep the house? | Yes | No | No | Depends on the court's order or a buyout |
| Who must agree | You and the tax office; § 33.02 makes the homestead plan mandatory if you qualify | Whoever holds title, or a representative with authority | All owners for the whole house; just you for your own share | No one has to agree; a court decides |
| Timing | Plan runs 12 to 36 months; a deferral postpones collection | Longest: title work, then a marketing period | Can close in as little as 14 days once title work and paperwork are done | Slow; statutory notice and appraisal steps |
| Price | You keep any equity, and the debt stays | Usually the highest gross price | Usually lower than a retail sale | Depends on the buyout, division or sale |
| Main risk | Signing a plan admits the debt; a missed payment restarts collection | A foreclosure or tax date arrives before closing | Taking less than the house might bring with more time | Cost and family strain |
General information, not legal advice. Your facts, loan documents and the current statutes control.
These are public offices. Call before you go, because hours and suites change.
Texas is a non-judicial foreclosure state. Nearly all Texas home loans are secured by a deed of trust with a power of sale, so the lender doesn't need a lawsuit or a judgment before selling the home.
For a residence, the servicer generally must first send a notice of default by certified mail giving at least 20 days to cure. If the default isn't cured, the lender posts, files with the county clerk, and serves a notice of sale at least 21 days before the sale date. Together that's a statutory minimum of roughly 41 days. Federal servicing rules generally require a servicer to wait until you're more than 120 days behind before starting, so you usually get some warning.
Under Tex. Prop. Code § 51.002, the sale is a public auction on the first Tuesday of the month, between 10 a.m. and 4 p.m. If the first Tuesday is January 1 or July 4, it moves to the first Wednesday. The notice must state the earliest start time, and the sale must begin within three hours after it. Texas courts have set sales aside where the required notice wasn't properly given.
In Collin County, the county's Sales and Auctions page places trustee sales on the steps of the Collin County Courthouse, 2100 Bloomdale Road, McKinney, and says trustees set the auction times. Questions about a specific date go to the trustee or the law firm named on the notice.
Texas generally provides no post-sale redemption period after a mortgage foreclosure. Reinstating, working out the loan, a short sale or selling outright all have to happen before the sale date. (General information, not legal advice. Confirm your deadlines with a Texas attorney or a HUD-approved housing counselor.) For more, see our foreclosure guide.
A deficiency suit has a two-year limit. Under Tex. Prop. Code § 51.003, a suit for the shortfall must be filed within two years of the sale. You can ask the court to determine the property's fair market value as of the sale date. If that's higher than the auction price, the difference is an offset, reduced by any lien the foreclosure didn't extinguish. If nobody asks and offers competent evidence, the court uses the sale price. The right can be waived in a guaranty, and the Texas Supreme Court has enforced such waivers.
You don't have to leave the day of the sale. The new owner still has to go through an eviction. Under Tex. Prop. Code § 24.005, the baseline is three days' written notice to vacate before a forcible detainer suit. A current, non-defaulting residential tenant under a lease junior to the foreclosed lien generally gets at least 30 days' written notice if the purchaser won't honor the lease. (§ 24.005 was amended by the 89th Legislature, so confirm the current text with a Texas attorney.)
Under Tex. Tax Code § 33.01, a tax delinquent on February 1 picks up a 6% penalty in the first month plus 1% for each additional month, and separately 1% interest per month. If it's still delinquent on July 1, the penalty is a flat 12%. Section 33.07 also lets a taxing unit add a collection penalty once the account goes to its delinquent-tax attorney, capped at the compensation in that contract, and the collector must send notice 30 to 60 days before July 1.
If the account stays unpaid, taxing units can sue and the property can be sold. Four local facts are worth knowing, all from the county's own pages:
Precinct 4 also says a property may be withdrawn at any time before the final bid is accepted, and that a purchaser must present a written statement showing no delinquent taxes owed in the county before getting a deed.
Redemption. Under Tex. Tax Code § 34.21, a residence homestead, agricultural land or a mineral interest generally has two years from the date the purchaser's deed is filed for record. The cost is what the purchaser paid plus permitted costs and taxes, plus a 25% premium in the first year or 50% in the second. Other property generally has 180 days with a premium of up to 25%. Precinct 4 repeats that the clock runs from the recording of the deed, and adds that the county doesn't say which period applies to a given property. Redemption doesn't give you use or possession during that period. (General information, not legal advice. Confirm with the Tax Office, the District Clerk or a Texas attorney.) See also our back taxes guide.
1. An installment agreement. Under Tex. Tax Code § 33.02, if you're delinquent on a residence homestead with a § 11.13 exemption, the collector shall enter into an agreement at your request unless you've had one in the preceding 24 months. It must be in writing with monthly payments, running at least 12 and no more than 36 months. The § 33.01(a) penalty doesn't accrue on the unpaid balance during the agreement, and while you're current the taxing unit generally can't seize and sell or file suit. Signing is an irrevocable admission of liability for the amounts covered, and a default puts collection back on the table.
2. A deferral if you're 65 or older, disabled, or a disabled veteran. Under Tex. Tax Code § 33.06, a qualifying homeowner can file a deferral affidavit and postpone collection on the homestead. No penalty accrues and interest runs at 5% per year. The lien stays, the balance grows, and when the deferral ends the full amount comes due within about 180 days. Ask the Tax Office for the affidavit and confirm the current rate and timing. Secondary sources disagree on those details, and the statute controls.
Texas has several routes short of a fully supervised administration. Which one fits depends mostly on whether there's a will and whether the estate has unpaid debts.
In Collin County, the Probate Court sits in the Russell A. Steindam Courts Building and says uncontested probate and guardianship cases are often handled by Zoom. The County Clerk's probate page adds two practical rules: original wills must reach the clerk within 3 days of e-filing the application, and no hearing is set until the original is received. It also says an administrator or executor must be represented by an attorney. (General information, not legal advice. Thresholds and procedures are statutory and change.) More in our probate guide.
The Uniform Partition of Heirs' Property Act, Tex. Prop. Code ch. 23A, took effect in 2017 and applies instead of the general partition statute when land qualifies. Broadly, that means a tenancy in common with no written partition agreement among all co-owners, at least one co-owner who took title from a relative, and a threshold share of the interests (20% or more, among other alternatives) held by relatives or people who took title from a relative. The court decides whether the land qualifies.
When one co-owner asks for a partition by sale, any other cotenant may elect to buy out that interest, generally within 45 days of notice, at a price based on a court-appointed appraisal. The court may order a physical division, and orders a sale only after finding division would substantially prejudice the cotenants as a group. If you're the one who wants out, selling your share is sometimes possible without a lawsuit. (General information, not legal advice. Secondary summaries of chapter 23A are often wrong on section numbers and definitions, so confirm with a Texas real estate attorney.) See also inherited with other heirs.
Realtor.com data published by the Federal Reserve Bank of St. Louis (FRED) put median days on market in Collin County at 65 in September 2026, up from 41 in April 2026. That doesn't count the time to close. A listing is workable if you have no sale date, and if the house shows well and title is clear, it will usually net you more. We'll say so. If you're counting back from a first-Tuesday sale, those two months plus closing may be more time than you have.
Related guides: Sell My House Fast in McKinney · Foreclosure · Probate & Inherited · Back Taxes · Liens & Title · As-Is / Repairs · Selling a Partial Interest · Cash Buyer vs. Realtor · FAQ
Possibly not long once the notices start. Texas foreclosure is non-judicial. For a residence, the servicer generally must give a notice of default with at least 20 days to cure, then post, file and serve a notice of sale at least 21 days before the sale, so the statutory minimum is about 41 days. Under Tex. Prop. Code § 51.002, sales are held on the first Tuesday of the month between 10 a.m. and 4 p.m. Texas generally gives no redemption period after a mortgage foreclosure, so the decision has to be made before that date. Confirm your dates with a Texas attorney or a HUD-approved housing counselor.
Collin County says trustee (foreclosure) sales are held on the steps of the Collin County Courthouse at 2100 Bloomdale Road in McKinney, with trustees setting the auction times. It says constable sales are normally held the first Tuesday of each month between 10 a.m. and 4 p.m. at the same courthouse, the Russell A. Steindam Courts Building. Check with the trustee or the constable's office before relying on a time or spot.
No. Collin County Constable Precinct 4's sale page says there is no tax lien certificate sale in Collin County and that the real property itself is sold. A former owner may still have a right to redeem under Tex. Tax Code § 34.21.
Often, if you act within the redemption period. If it was your residence homestead or was appraised as agricultural land, the period is generally two years from the date the deed is filed for record, with a 25% premium in the first year and 50% in the second when redeeming from a private purchaser. For most other property it is generally 180 days, with a premium of up to 25%. Redemption does not give you use or possession during that period. Confirm the type of property and the recording date with a Texas attorney.
If you want to keep a homestead, ask about a plan first. Under Tex. Tax Code § 33.02, the collector must enter an installment agreement on request for a residence homestead with a § 11.13 exemption, unless you had one in the preceding 24 months. It runs 12 to 36 months, and the § 33.01(a) penalty does not accrue during it. Signing is an irrevocable admission of liability. Owners who are 65 or older, disabled, or disabled veterans can ask about a § 33.06 deferral. Selling makes more sense when you no longer want the house or can't keep up the plan.
Not always. A will with no real debts beyond mortgages may qualify for a muniment of title under Tex. Est. Code ch. 257. Independent administration under ch. 401 needs little ongoing court supervision. With no will, a small estate affidavit (ch. 205) or an affidavit of heirship (ch. 203) may apply. Ask the title company what it will accept before you choose. Applications go through the County Clerk's probate department, and the clerk's page says administrators and executors must be represented by an attorney.
Texas's Uniform Partition of Heirs' Property Act, Tex. Prop. Code ch. 23A, may apply. When one cotenant asks for a partition by sale, the others can generally elect to buy out that interest within 45 days of notice, at a price based on a court-appointed appraisal. A court orders a sale only after finding that dividing the land would substantially prejudice the cotenants as a group. You may also be able to sell only your share. Confirm with a Texas real estate attorney.
List if the title is clear, you have time, and the house shows well. Listing will usually net more. Median days on market in Collin County was 65 in September 2026, according to Realtor.com data published by FRED. That is workable if you aren't facing a sale date. A direct sale fits better when repairs, a title problem or a first-Tuesday deadline would stall a listing.
Texas allows it with disclosure, and we follow that rule. Under Tex. Occ. Code § 1101.0045, a person may assign a purchase contract without a license if it is not used to engage in real estate brokerage and the nature of the equitable interest is disclosed in writing to any seller or potential buyer. Where we assign a contract in Texas, we tell you in writing that we are offering our equitable interest in the contract, not the property itself. We are not a licensed Texas broker or sales agent and do not represent any party.
Already know you want to sell for cash? See Sell My House Fast in McKinney. We buy houses as-is, with no fees or commissions, on your timeline. Call or text (956) 339-1848.
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