Guides / Mexico and Texas

How to buy land in Texas as a non-citizen (with an ITIN, a green card or from Mexico)

Updated: 2026-10-23By Roberto Montes, founder, Nuestras TierrasLegal review: pending

Lots of people search “can I buy land in Texas without papers” or “buying land in Texas as a Mexican citizen.” The short answer is yes. But there are new rules since 2025, federal taxes that show up years later, and scams aimed squarely at first-time buyers. This guide walks through each piece.

Can I buy land in Texas without papers or as a Mexican citizen?

Generally, yes. No Texas law requires you to be a citizen, hold a green card or have a Social Security number to own land. You can buy on a visa, with an ITIN, with no immigration status, or while living in Mexico. The one big exception is the 2025 SB 17 law, covered below, and it does not reach most Mexican buyers.

What you will need in practice (these come from businesses, not from the statute):

• Photo ID. The title company has to confirm who you are. Each company sets its own list of accepted documents, so ask early.
• A taxpayer number for a loan. Almost no lender will make a loan without an ITIN or Social Security number.
• Clearly sourced funds. The title company and lender may ask where your money comes from, especially if it's wired from abroad.

If you grew up in Mexico, remember there's no single notario handling everything here. The title company examines and insures title, the county clerk records the deed, and a notary only witnesses your signature. We explain the split in Mexico vs. Texas: buying, selling and inheriting land.

The 2025 SB 17 law: who it actually bars

Since September 1, 2025, Texas Property Code sections 5.251 through 5.259 bar certain buyers from acquiring land, homes, water rights, minerals or timber in Texas. The statute doesn't name countries. It defines a “designated country” as one the U.S. Director of National Intelligence flagged as a national security risk in at least one of its three most recent Annual Threat Assessments, or one the governor designates.

Today, law firms and Texas A&M's real estate research center (TRERC) read that list as China, Iran, North Korea and Russia. Mexico is not on it. The 2025 threat assessment does discuss Mexican cartels, but as criminal organizations, not as the country. The governor can add countries or organizations later, so recheck the law if you're reading this well after 2026.

The penalties are serious. The Texas Attorney General can sue, and a court can order the land sold through a receiver (§5.257). For individuals, a knowing purchase is a state jail felony (§5.258). For companies, the civil penalty is the greater of $250,000 or 50% of the property's market value (§5.259).

Buying land with an ITIN

An ITIN (Individual Taxpayer Identification Number) is a 9-digit number the IRS issues to people who must deal with U.S. taxes but can't get a Social Security number. The IRS says you can get one regardless of immigration status. It does not authorize work or give you immigration status.

How it helps when you buy land:

• It lets you apply for an ITIN loan with lenders that offer them.
• It lets you file taxes if you rent out the land or later sell it.
• It lets you claim back money the IRS withholds when you sell (FIRPTA, below).

How to get one:

1. Fill out IRS Form W-7. It normally goes in with a federal tax return (1040 or 1040-NR). There are exceptions, including one for certain real estate sales with withholding; read the W-7 instructions.
2. Gather your passport or other identity documents the IRS accepts.
3. Apply by mail, in person at an IRS Taxpayer Assistance Center (free, by appointment), or through a Certifying Acceptance Agent, who charges a fee.
4. Allow about 7 weeks, or 9 to 11 weeks during tax season or if you apply from abroad.

ITIN mortgages. They exist, but not everywhere. Some banks, credit unions and community development lenders offer them. In general they ask for a larger down payment than a Social Security–based loan, and raw-land loans are harder still. We don't recommend any lender: compare at least three offers and get the APR in writing.

How to pay: cash, a loan or owner financing

Many buyers look for “owner finance land in Texas” because they don't have credit. How you pay changes how much risk you carry.

Texas has special rules for some contracts for deed. Before you sign one, read our contract for deed guide. If the land is in a border colonia, also read colonias in Texas.

What to check before you buy

In Texas, nobody checks everything for you. Run through this list before you hand over money or sign:

The title company and owner's title insurance. The title company searches the records, runs the closing, holds the money and sends the deed to be recorded. An owner's title policy protects you if an heir, an old debt or a records error surfaces later. In Texas the Department of Insurance sets the premium, so it's the same at every company (Insurance Code §2703.151). Who pays for it, buyer or seller, is negotiated in the contract; that's custom, not law.

A typical title-company purchase goes like this:

1. Sign a written contract and deposit your earnest money with the title company, never with the seller.
2. The title company issues the title commitment. Read it closely; liens, easements and mineral reservations show up there.
3. Review the survey, the FEMA map, utilities and taxes.
4. At closing, sign in front of a notary. If you're in Mexico, ask about signing at a U.S. consulate or remotely.
5. The title company records the deed with the county. Ask for a recorded copy; it's your proof the land is yours.

When you sell or pass it on: FIRPTA and estate tax

FIRPTA when you sell. If you are not a U.S. resident for tax purposes and you sell, the federal FIRPTA rules generally require the buyer to withhold 15% of the price and send it to the IRS. Example: sell for $100,000, and the buyer withholds $15,000. That isn't the final tax. You file a return and recover any excess, which requires an ITIN. There's an exception when the buyer is an individual who will live on the property and the price is $300,000 or less, but it rarely fits raw land. You can apply for reduced withholding with Form 8288-B.

Estate tax at death. If the owner is neither a U.S. citizen nor a U.S. resident, the executor must file Form 706-NA when the owner's U.S. assets, land included, are worth more than $60,000, per the IRS. That threshold is far lower than the one for citizens. Have a tax professional review your situation before you buy.

A will or a transfer on death deed. Without one, your children may need probate in Texas to put the land in their names. A transfer on death deed (Estates Code §114.051) passes the land to your beneficiaries without probate, but it must be recorded with the county before you die. Neither one erases the federal estate tax. See probate and wills in Texas.

Scams to avoid

• Contracts with no deed. “Just sign here and pay monthly,” with no recorded deed in your name. Always ask to see the title commitment.
• “Notarios” who fix papers. In Texas a notary is not a lawyer. The Federal Trade Commission warns that notarios in the U.S. are not licensed attorneys and can't give legal advice (FTC). Read a notario is not a lawyer.
• Pressure. “Other buyers are lined up, deposit today.” A real seller gives you time to check.
• Wire fraud. Scammers send emails that look like they're from the title company with “updated” wiring instructions. The Consumer Financial Protection Bureau, citing FBI data, says never follow payment instructions in an email; call the title company at a number you already know (CFPB).
• Promises of immigration papers. Buying land gives you no status. Anyone promising it is lying.

Main sources: Texas Property Code §§5.251–5.259 and §5.010; Insurance Code §2703.151; Estates Code §114.051; IRS (ITIN, FIRPTA, Form 706-NA); TDI's 2026 rate chart. Terms explained in the glossary. This guide will be updated when the law changes.

Costs and timing

Texas sets title insurance rates by law, so every company charges the same premium. County fees change; confirm with your county clerk.

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Nuestras Tierras, https://nuestrastierras.org/en/guides/buying-land-as-a-non-citizen/. Updated: 2026-10-23. Legal review: pending. General information, not legal advice.