How taxes go from late to a lawsuit
Tennessee property taxes become delinquent on March 1 after the due date.[1] From then on, interest of 1.5% per month is added, starting March 1 and again on the first of every month after.[2][3] That works out to about 18% a year on the unpaid tax.
Collecting county taxes is not left to letters forever. The county trustee turns the delinquent list over to a delinquent tax attorney, who files a lawsuit against the owners in chancery or circuit court.[4][5] The trustee generally hands over the list between February 1 and April 1 of the year after the taxes went delinquent.[5]
How a Tennessee tax sale works
If the suit runs its course, the court orders the property sold. The sale is conducted by the court clerk, can be held online, and every tax sale is subject to the owner's right of redemption.[7] Bidding opens at the amount owed: the taxes, interest and costs.
That is the core problem. A tax sale is built to collect a tax bill, not to find the buyer who will pay the most. There is no listing, no showings, and little marketing beyond the legal notices. Tax-sale buyers know that, and they bid accordingly.
Redemption: the second chance, and what it costs
After a tax sale, the former owner (and other interested people) can still get the property back by redeeming it within a set period. Tennessee changed that period in 2026.
A shorter 30-day period can apply to vacant and abandoned property, but only after inspections over a two-month period document that it is abandoned.[8]
Redemption is real, but it is expensive, and it has to be paid in cash within a short window. For most owners who were behind because money was tight, it is harder to redeem after the sale than it would have been to sell before it.
Excess proceeds: what happens to the rest of the money
When a property sells at a tax sale for more than what is owed, the extra is called excess proceeds. It does not go to the county as a bonus. After the court confirms the sale, an interested person can file a motion in the tax suit to claim it. The money is paid in this order:[10]
- Any remaining taxes owed to the taxing entity
- Lienholders as of the sale, then later lienholders
- The former owner, if they were a defendant in the tax suit (or their heirs)
- Anything left over goes to the state under the unclaimed property law
There is no fixed one-year filing deadline in the statute. A claim can be filed until the money is actually sent to the state, and the money is not presumed abandoned until a year after the redemption period ends.[10] If you think excess proceeds are owed to you, contact the clerk of the court that handled the tax suit.
Selling before the tax sale
Delinquent property taxes are a lien on the property, the same way a mortgage is. When a property sells, liens are normally paid off at closing from the sale proceeds, and paying the taxes, interest and costs in full ends the tax suit for that property.[4] You do not need to come up with the tax money first to be able to sell.
- Get the payoff in writing. Ask the county trustee (and the city, if city taxes are owed), or the clerk if the suit is already filed, for the full amount due as of a date. Interest grows every month.
- Watch the calendar. The earlier you start, the more selling options you have. Once a sale date is set, timing gets tight.
- Think about every lien. Mortgages, judgment liens and city liens also come out of the proceeds. Knowing the total tells you what you would actually walk away with.
A marketed auction, run by a licensed Tennessee real estate and auction firm, can work on a schedule set around the tax deadline and puts the property in front of buyers who compete for it. In Tennessee, auctions of real property must be run by someone licensed both as an auctioneer and as a real estate broker or affiliate broker. Our guide to land and commercial property explains how those sales run.
Before you sell: check for help paying the taxes
Not everyone behind on taxes wants or needs to sell. If you can keep the property, these are worth checking first:
Questions
Common questions
When do property taxes become delinquent in Tennessee?
Tennessee property taxes become delinquent on March 1 after the due date. Interest of 1.5% per month is then added, starting March 1 and again on the first of each month after that.
How long do you have to redeem a property after a Tennessee tax sale?
For sales confirmed on or after July 1, 2026, the redemption period runs from the court's order confirming the sale: one year if the taxes were delinquent three years or less, and 90 days if they were delinquent more than three years. A shorter 30-day period can apply to vacant and abandoned property that has been inspected and documented. To redeem, you pay the purchase price plus 12% annual interest and certain other costs.
Can I sell my house if it has delinquent property taxes?
Yes. The delinquent taxes are a lien on the property, and they are normally paid off at closing from the sale proceeds, the same way a mortgage is. Paying the taxes, interest and costs in full ends the county's tax lawsuit for that property.
What happens to the extra money if my property sells at a tax sale for more than I owe?
The excess proceeds are held by the court. After the sale is confirmed, interested people can file a motion to claim them. They are paid in order: remaining taxes, then lienholders, then the former owner (if they were named in the tax suit, or their heirs). Unclaimed money eventually goes to the state's unclaimed property program.
Can I make payments on delinquent property taxes in Tennessee?
Only in limited ways. A county trustee may accept partial payments if it has adopted a plan with the Comptroller, but a partial payment does not release the lien and the property can still go to tax sale. Once the tax suit is filed, the court clerk generally cannot accept partial payments.
What does it cost to sell through FALCO?
No cost to you. The buyer pays a 10% premium on top of the winning bid, and FALCO is paid from that premium. FALCO does not buy property. Licensed Tennessee real estate and auction firms run every sale.
Sources
- [1]University of Tennessee CTAS, Delinquency Date
- [2]University of Tennessee CTAS, Interest on Delinquent Taxes (Tenn. Code Ann. § 67-5-2010)
- [3]Tenn. Code Ann. § 67-5-2010 (interest on delinquent taxes)
- [4]University of Tennessee CTAS, Delinquent Tax Suit
- [5]Tenn. Code Ann. § 67-5-2404 (delinquent tax attorney; filing suit)
- [6]Tenn. Code Ann. § 67-5-2005 (municipal delinquent taxes)
- [7]Tenn. Code Ann. § 67-5-2501 (tax sales; conducted by the clerk; subject to redemption)
- [8]Tenn. Code Ann. § 67-5-2701 (redemption)
- [9]2026 Tenn. Pub. Acts ch. 971 (SB1983), amending the redemption period
- [10]Tenn. Code Ann. § 67-5-2702 (excess proceeds)
- [11]Tenn. Code Ann. § 67-5-2001 (partial payments)
- [12]Tennessee Comptroller, Property Tax Relief brochure
- [13]Tennessee Comptroller, Property Tax Freeze program
Statute text above was checked against the current published Tennessee Code and the 2026 redemption amendment. County practices vary, so confirm amounts and dates with your county trustee or clerk.