How Texas sheriff and constable sales work
Texas sheriffs and constables sell real property under court orders: writs of execution on money judgments and orders of sale in tax foreclosure suits. By statute, these sales happen on the first Tuesday of the month between 10 a.m. and 4 p.m. at the courthouse, at another public place the commissioners court designates, or online if the county authorizes it.
What is sold at a Texas sheriff or constable sale?
Two main kinds of court-ordered sales end up with a sheriff or constable:
- Tax foreclosure sales. After a taxing unit wins a judgment foreclosing its tax lien, the court issues an order of sale. These are the most common real estate sales by Texas peace officers. See the Texas tax sale guide for minimum bids and redemption.
- Execution sales. A creditor with a money judgment can have a writ of execution issued and the debtor's non-exempt real property sold to pay it.
When and where are the sales?
Civil Practice and Remedies Code Section 34.041 sets sales under execution between 10 a.m. and 4 p.m. on the first Tuesday of the month, or the first Wednesday if the first Tuesday is January 1 or July 4. They are held at the courthouse door, at another public place near the courthouse that the commissioners court designates, at a place set by court order or other law, or online if the commissioners court authorizes it.
How to find upcoming sales
Sale lists are published by the officer conducting the sale and by the county. Some counties post them on a sheriff's sale page; for example, Denton County has one. Constables in larger counties often publish their own lists. Our county pages link to each county's official website as a starting point. We do not republish sale lists because they change every month.
Pre-bid checklist
- Read the order of sale or writ: who the parties are and which liens are being foreclosed.
- Search the county records for other liens that the sale will not clear.
- For tax sales, check whether the property was a homestead or ag land; that sets a 2-year redemption period.
- Learn the officer's payment terms before sale day.
- Drive by the property and look for occupants and visible damage.
- Set your maximum bid before you arrive, using the 70% rule calculator.
Frequently asked questions
What is the difference between a sheriff sale and a foreclosure sale in Texas?
Most mortgage foreclosures in Texas are trustee sales under a deed of trust, run by a trustee hired by the lender. Sheriff and constable sales are sales ordered by a court, mainly tax foreclosure sales and execution sales on money judgments. Both happen on the first Tuesday of the month.
Who runs the sale, the sheriff or a constable?
Either can. The Tax Code refers to the officer charged with selling the property, and counties differ in which office handles which sales. The county's sale page or the order of sale names the officer.
Can Texas sheriff sales be held online?
Yes, if the county's commissioners court authorizes online bidding under Civil Practice and Remedies Code Section 34.041 or Tax Code Section 34.01.
Sources
Related
How Texas property tax sales work
Texas tax sales explained: who holds them, the first-Tuesday schedule, online auctions, minimum bids, struck-off resales and the 2-year or 180-day redemption period.
How the Texas foreclosure process works
The Texas nonjudicial foreclosure process for investors: the 20-day notice to cure on homesteads, 21-day notice of sale, first-Tuesday courthouse auctions and what buyers should check.
How Oklahoma sheriff sales work
Oklahoma sheriff sales explained: court-ordered sales after foreclosure, appraisal by three disinterested people, the two-thirds minimum bid, 30-day published notice and court confirmation.
County resources
Official links for the largest TX and OK counties