Can You Buy a Home in Texas With an ITIN? A Complete 2026 Guide

Prefer to listen? Check out the podcast here: Texas Homeownership Without a Social Security Number | Podcasts

Updated August 4, 2026

Many people believe they must be a United States citizen or have a Social Security number to purchase a home in Texas. That is not always true. A person with an Individual Taxpayer Identification Number, commonly called an ITIN, may be able to purchase and own a Texas home and may qualify for certain private mortgage programs.

Important: This article is for educational purposes only and is not legal, immigration, tax, title, or lending advice. Rules and loan programs can change. Buyers should obtain advice based on their individual circumstances.

What Is an ITIN?

An ITIN is a nine-digit federal tax-processing number issued by the Internal Revenue Service to certain people who need a U.S. taxpayer identification number but are not eligible for a Social Security number. It helps a person comply with federal tax-reporting requirements and establish a tax-filing record.

An ITIN does not grant immigration status, authorize employment, provide Social Security benefits, establish lawful presence, or guarantee mortgage approval. An ITIN may also expire when it has not been used on a federal tax return for three consecutive tax years.

IRS resources: https://www.irs.gov/tin/itin/individual-taxpayer-identification-number-itin | Renew an ITIN: https://www.irs.gov/tin/itin/how-to-renew-an-itin | Get a tax transcript: https://www.irs.gov/individuals/get-transcript

Can an ITIN Holder Own a Home in Texas?

In most cases, yes. Texas law generally gives a person who is not a U.S. citizen the same right as a citizen to acquire and hold Texas real estate. A buyer does not ordinarily need U.S. citizenship, permanent residency, or a Social Security number simply to be named on a deed.

A buyer may use cash, an ITIN or portfolio mortgage, a foreign-national loan, an eligible conventional loan, or properly structured seller financing. The right to own property is separate from the ability to qualify for a particular loan.

Texas Senate Bill 17: A Critical Legal Review

Texas Senate Bill 17 became effective September 1, 2025. It restricts certain purchases or acquisitions of Texas real estate by specified foreign individuals, governments, organizations, companies, and controlled entities. It can apply to residential, commercial, agricultural, industrial, and other property.

The law does not prohibit every foreign citizen from purchasing property. U.S. citizens and lawful permanent residents are excluded from the individual restriction. The statute also contains a limited exception for certain lawfully present people residing in the United States who purchase one residential property for use as their residence homestead.

The legal analysis can involve citizenship, domicile, lawful presence, property use, entity ownership or control, and government or political affiliations. Buyers with possible connections to a designated country should obtain advice from a Texas real estate attorney before signing a contract with nonrefundable obligations. An LLC, trust, nominee, relative, or partner should never be used to conceal the true buyer or beneficial owner.

Official sources:

Texas Property Code Chapter 5 — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm | Senate Bill 17 — https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00017F.htm | Fifth Circuit opinion — https://www.ca5.uscourts.gov/opinions/pub/25/25-20354-CV0.pdf

Mortgage Options for ITIN Buyers

Mortgage approval depends on the loan program, immigration or residency documentation, income, tax history, credit, debt-to-income ratio, down payment, reserves, property type, and intended occupancy.

Conventional loans: Fannie Mae and Freddie Mac generally permit lawful permanent residents and certain lawful nonpermanent residents, subject to lender verification. An ITIN alone does not establish eligibility.

FHA loans: HUD changed its policy in 2025. For FHA case numbers assigned on or after May 25, 2025, nonpermanent residents are generally no longer eligible. Current categories principally include U.S. citizens, lawful permanent residents, and certain Compact of Free Association citizens.

USDA loans: Applicants generally must be U.S. citizens, noncitizen nationals, or eligible qualified aliens. VA loans require service-based eligibility and a Certificate of Eligibility. An ITIN does not independently create VA eligibility.

Private ITIN and portfolio loans: Some lenders offer private programs for ITIN borrowers. These may require larger down payments, higher rates, additional reserves, tax returns, bank statements, rental history, alternative credit, or prepayment restrictions. Foreign-national loans may be available to buyers living abroad or lacking U.S. credit.

Loan resources:

Fannie Mae — https://selling-guide.fanniemae.com/sel/b2-2-02/non-us-citizen-borrower-eligibility-requirements | Freddie Mac — https://guide.freddiemac.com/app/guide/section/5103.2 | HUD Mortgagee Letter 2025-09 — https://www.hud.gov/sites/default/files/OCHCO/documents/2025-09hsgml.pdf | VA eligibility — https://www.benefits.va.gov/homeloans/purchaseco_eligibility.asp

Documents an ITIN Borrower May Need

A lender may request an active ITIN, IRS assignment notice, passport or acceptable government identification, immigration documents when required, federal tax returns, IRS tax transcripts, W-2s or 1099s, pay statements, employer verification, business records for self-employed borrowers, bank statements, rental-payment history, credit or alternative credit, proof of down payment, gift documentation, and cash reserves.

Questions to Ask Before Choosing an ITIN Loan

Ask whether the lender currently offers an ITIN program, whether lawful presence is required, which documents are accepted, whether alternative credit is allowed, how many years of tax returns are required, and whether self-employment or bank-statement income is accepted.

Also compare the interest rate, annual percentage rate, discount points, lender and broker fees, minimum down payment, reserve requirement, mortgage insurance, prepayment penalty, adjustable-rate terms, balloon payments, taxes, insurance, HOA dues, and total cash to close. Compare multiple written Loan Estimates rather than accepting the first available offer.

CFPB mortgage resources:

https://www.consumerfinance.gov/consumer-tools/mortgages/shopping-for-a-mortgage/ |

Loan Estimate guide: https://www.consumerfinance.gov/owning-a-home/loan-estimate/

Texas Homestead Exemption

A qualifying owner may apply for a Texas residence-homestead exemption when the person owns the property and uses it as a principal residence. The general criteria do not state that the homeowner must be a U.S. citizen, although the county appraisal district may require identity, taxpayer, and residency documentation.

The residence-homestead language in property-tax law should not be confused with the separate Senate Bill 17 homestead exception. One approval does not automatically resolve the other.

Texas Comptroller exemptions: https://comptroller.texas.gov/taxes/property-tax/exemptions/ | Form 50-114: https://comptroller.texas.gov/forms/50-114.pdf

Federal Tax Considerations

An ITIN homeowner who files federal returns may qualify for applicable homeowner tax treatment under the same federal rules that determine deductibility. Qualifying mortgage interest may be deductible when the debt is secured by a qualified home, the taxpayer is legally liable for it, and the taxpayer itemizes deductions.

A qualifying seller may be able to exclude up to $250,000 of gain, or up to $500,000 for certain married couples filing jointly, when the federal ownership and use tests are satisfied. If the seller is considered a foreign person for federal tax purposes, FIRPTA withholding may apply. Having an ITIN alone does not determine federal tax residency.

IRS publications:

Home mortgage interest — https://www.irs.gov/publications/p936 | Homeowner tax information — https://www.irs.gov/publications/p530 | Selling your home — https://www.irs.gov/publications/p523 | FIRPTA — https://www.irs.gov/individuals/international-taxpayers/firpta-withholding

Fair Housing and Mortgage Discrimination

A lender may review immigration and residency information when reasonably necessary to determine program eligibility, lawful presence, identity, income stability, and the lender’s legal rights. However, housing providers may not engage in unlawful discrimination based on race, color, national origin, religion, sex, familial status, or disability.

A REALTOR® should never decide a buyer’s legal eligibility from a name, accent, language, ethnicity, appearance, or assumed nationality. Legal questions should be directed to qualified attorneys, lenders, and title professionals.

Fair housing resources: https://www.hud.gov/helping-americans/fair-housing-act-overview | Report discrimination: https://www.hud.gov/reporthousingdiscrimination | CFPB mortgage complaints: https://www.consumerfinance.gov/complaint/

Work With the Right Team

A well-managed ITIN transaction may involve a Texas REALTOR®, an experienced ITIN lender, a title company, a Texas real estate attorney, an immigration attorney when status or domicile is unclear, and a CPA or enrolled agent.

Open title early, especially when the buyer will use a foreign passport, has different name formats across documents, plans to sign outside the United States, will use a power of attorney, is purchasing through an entity, is transferring funds from abroad, or may be affected by Senate Bill 17.

Verify mortgage companies and loan officers through NMLS Consumer Access: https://www.nmlsconsumeraccess.org/ | Learn about owner’s title insurance: https://www.tdi.texas.gov/title/owners-policy.html | HUD housing counseling: https://www.hud.gov/stat/sfh/housing-counseling

Avoid Scams and Risky Financing

Stop and obtain independent advice when someone guarantees approval without reviewing income, recommends using a false Social Security number, creates fake pay statements, alters tax returns, refuses to provide a Loan Estimate, hides the APR, requests undocumented cash payments, asks the buyer to sign blank documents, discourages title insurance, or says an LLC automatically avoids Texas foreign-ownership restrictions.

Contract-for-deed, lease-purchase, wraparound, and seller-financed transactions can carry serious risks involving title, liens, taxes, repairs, insurance, balloon payments, foreclosure, and loss of equity. Obtain independent attorney review and a title search before signing.

CFPB contract-for-deed information: https://www.consumerfinance.gov/ask-cfpb/what-is-a-contract-for-deed-en-2149/ | Texas Property Code Chapter 5: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm

A Practical ITIN Homebuying Checklist

1. Confirm the ITIN is active and gather tax, income, banking, identity, and residency documents.

2. Complete a Senate Bill 17 legal screen when designated-country, domicile, entity-control, or lawful-presence questions exist.

3. Verify the lender and obtain a document-based preapproval.

4. Compare written Loan Estimates.

5. Open title immediately after contract execution.

6. Protect the buyer with appropriate financing, appraisal, inspection, option, title, and survey terms.

7. Complete inspections and insurance research.

8. Review the final Closing Disclosure and loan documents.

9. Confirm the deed is recorded.

10. Apply for the homestead exemption when eligible and retain all closing and tax documents.

An ITIN holder may be able to purchase and own a home in Texas. The buyer does not automatically need U.S. citizenship or a Social Security number merely to take title. Still, ownership rights, Senate Bill 17, mortgage eligibility, lawful-presence documentation, title requirements, taxes, and source-of-funds rules must be considered separately.

The goal is not simply to reach the closing table. It is to complete a legal, affordable, properly documented purchase that protects the buyer and the investment for years to come.

Need Help Navigating the Texas Homebuying Process?

Every buyer’s circumstances are different. A knowledgeable Texas real estate professional can coordinate the home search, lender communication, title process, inspections, contract deadlines, and closing while referring legal, tax, lending, and immigration questions to the proper licensed professionals.

Lone Star Living provides practical information to help Texas buyers, sellers, and homeowners understand real estate and make informed decisions.