Constable's Sale Rules and Information

County Courts Building

The Constable Sale is held the first Tuesday of each month at 10 a.m. at the Denton County Courts building at 1450 E. McKinney St., Denton, Texas.  All property going to the Constable Sale is published in the Denton Record Chronicle on the third Wednesday prior to the first Tuesday of the month.  Notice is posted at the Courthouse and the Frisco Government Center 5533 FM 423, Frisco TX.

The property up for sale is listed as Constable's SALE property.  The following rules apply to Constable Sale Properties. You must carefully read this information and evaluate these facts in light of your anticipated use of the property.

  1. The property will be sold at public auction to the highest bidder, based on oral bids.  The rules covering auctions generally will apply.  Purchaser must pay for their property as follows:
    1. Payment must be made at the Constable's Department located at 5533 FM 423, Suite 601, Frisco TX 75036 or at the conclusion of the sale, and payment must be made before 4 p.m. on the day of the sale.
    2. The Constable's Office will accept payment by cashier's check or money order.
    3. Cashier's checks or money orders must be made payable to Denton County.
    4. Prior to the sale, a person purchasing property MUST present to the officer who conducted the sale an unexpired written statement from the County Tax Assessor-Collector that the purchaser does not owe any delinquent taxed to the County or any school district or city in the County.  The written statement will be issued by the County Tax Assessor-Collector upon submittal of a Request for Written Statement.  A purchaser will NOT receive a deed to the property purchased at the sale until the Written Statement is presented to the officer.  (A copy of this Statement must also be given to the officer).

      Sec. 34.0445.  Person Eligible to purchase real Property
      a) An officer conducting a sale of real property under this subchapter may not execute or deliver a deed to the purchaser of the property unless the purchaser exhibits to the officer an unexpired written statement issued to that person in the manner prescribed by Section 34.015, Tax Code.
  2. The amount of opening bid is set out below each tract on the list.  Bids less than the given figure will not be accepted, (except as specified in paragraph 8).  All the expenses are included in the opening bid, however there may be additional taxes due on the property that have accrued since the judgment was rendered.  Any successful bidder who fails to make a payment shall be held liable for twenty percent of the value of the property plus costs incurred as a result of the bidder's default pursuant to Rule 652 of the Texas Rules of Civil Procedure. 
  3. Purchasers at the sale will receive a Constable's deed within 10 days, which is without warranty, express or implied.  This is NOT a tax lien certificate.  The real property is sold.  There is no Tax Lien Certificate Sale in Texas.  A policy of title insurance may be difficult to obtain.
  4. It is necessary that bidders satisfy themselves concerning the status of the property, by checking with the County Clerk's office, located at 1450 E. McKinney, Denton, Texas and the location and condition of the property prior to the sale.  Maps and plats of these properties may be on file in the offices of the Appraisal District, at 3911 Morse St., Denton, Texas or County Planning Department at 1505 E. McKinney St., Denton, Texas. All papers in the lawsuit(s) on which this sale is based are filed in the Office of the District Clerk; in the County the suit was filed.  The District Court Cause Number is listed beside each property on the list.  The approximate property address reflected is the address on the tax records and may not be accurate.
  5. A bidder at the sale may be required to register with the person conducting the sale and present a form of identification issued by a government agency (i.e., Driver's License).
  6. All sales are as is, to the highest bidder on a "BUYER BEWARE BASIS".  Any and all questions concerning the properties offered for each sale should be directed to your attorney.  The Constable's Office will NOT answer legal questions. 
  7. The Constable's Office does NOT do Trustee foreclosure sales.  These are conducted by the trustees or attorneys for the lending institutions involved with the loan.  Please contact the lending institution for any information concerning that sale.