Sheriff's Sale Rules

The property up for sale is listed as Sheriff’s Sale and Resolution property. The following rules apply to both Sheriff’s Sale property and Resolution property unless otherwise indicated in paragraph (8). You must carefully read this information and evaluate these facts in light of your anticipated use of the property. Any property may be withdrawn from the sale at any time prior to the sale or during the sale without notification to prospective purchasers.

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 Sheriff’s Department or at the conclusion of the sale, and payment must be made before 4 pm on the day of the sale.
   2. The Sheriff’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. A person purchasing property at the sale 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).
   5. a) Section 34.0445. Person Eligible to purchase real Property: 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 20% 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 Sheriff’s deed, 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. All tax property purchased at this sale is subject to a statutory right of redemption. This redemption period commences to run from the date the purchaser’s deed is filed for record in the County Clerk’s office. The purchaser is responsible for filing the deed. Purchasers have the right of possession during the redemption period. There is a two year right of redemption for homestead property and property appraised as agricultural land. There is a 180 day right of redemption for all other property.
   1. Denton County makes no representation as to which redemption period applies to any property offered at this sale.
5. Person having an ownership interest in the property at the time of this sale may have a right to redeem the property from the purchaser during the redemption period pursuant to section 34.21 of the Texas Property Code. The redemption price is set by the Texas Property Code. According to common practice, the right of redemption is an interest in the property, which the owner thereof may sell. Any party purchasing the right of redemption may attempt to exercise the right of redemption.
6. 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 Street, Denton, Texas or County Planning Department at 1505 E McKinney Street, 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.
7. 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).
8. The properties listed as Resolution have been previously offered for sale by the Sheriff and were struck off to the Taxing entity. Persons wishing to purchase these properties may bid on these properties. Purchasers of Resolution property must pay for the property with cashier’s check or money order payable to Denton County. The amount of the opening bid is set out below each tract. The attorney representing the taxing entity may accept a bid less than the amount of the opening bid. Purchasers will receive a Sheriff’s deed without warranty.
9. 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 Sheriff’s Office will not answer legal questions. The Sheriff’s Office does not keep a "Struck Off List". Please contact the attorneys that represent the taxing entity.
10. The Sheriff’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.