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  1. #1
    Join Date
    Sep 2006
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    5

    Default Constable Sale in Texas

    Hello!

    I recently bought a property at a Texas Constable sale. This property however was not seized for a tax lien, but rather to satisfy a judgement (writ of execution).

    I was told the terms of this sale are the same as a tax-seized property, but upon searching for the applicable laws regarding specifically sales resulting from a writ of execution I can't find anything!

    Does anyone know more about it? any information would help, and if you can direct me someplace I can get more info or the laws regarding this, I would greatly appreciate that!

    Also - is there a redemption period on these sales??

    Thanks!

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Constable Sale in Texas

    Get a survey and a title report from a local real estate title company.

    Then carry all that stuff to a knowledgeable real estate attorney to file a quiet title lawsuit to make sure you really do own the place.

  3. #3
    Join Date
    Sep 2006
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    5

    Default Re: Constable Sale in Texas

    Quote Quoting seniorjudge
    View Post
    Get a survey and a title report from a local real estate title company.

    Then carry all that stuff to a knowledgeable real estate attorney to file a quiet title lawsuit to make sure you really do own the place.
    Will do, thanks!

    Still would like to try to read about it if anyone has any links to information.

  4. #4
    Join Date
    Sep 2006
    Posts
    5

    Default Re: Constable Sale in Texas

    So, upon some investigation, it looks like the property has a $49k mortgage on it, plus about $5k in taxes. Property is on the books for $57k, but I doubt I could sell it for that much.

    Given that this was a sale to satisfy a judgement rather than a tax lien, does that mean the mortgage company's lien is superior and I'm pretty much out of luck and just let them foreclose eventually? (and lose my initial investment) Do I have anything I can do at all?

    If the sale was to satisfy a tax lien, would the situation be different? I heard that (in TX at least) title from a tax sale is superior to all others, including mortgage.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Constable Sale in Texas

    Although I don't have access to the full text and thus can't confirm this (I don't like to ever rely upon somebody else's claim as to what case law holds), I found reference to Murphee Prop. Holdings, Ltd. v. Sunbelt Sav. Ass'n of Tex., 817 S.W.2d 850, 852 (Tex. App.-Houston [1st Dist.] 1991, no writ), which is described as holding that a lien holder who is not served and joined as a party to a tax suit cannot have his lien extinguished by the tax sale. If the lien holder does have notice they can reasonably be expected to act to preserve their interest, and may well participate in the tax sale.

  6. #6
    Join Date
    Sep 2006
    Posts
    5

    Default Re: Constable Sale in Texas

    Thanks! After looking through it a bit.. basically the issue was that a property was put up for a tax sale and purchased, but the selling taxing unit neglected to give proper notice to the Aldine school district, who's taxes were not made part of the sale.

    Interesting points:
    "As a grantor cannot convey better title than he owns,
    the property was purchased by AIC subject to the delinquent taxes due Aldine."
    "If a properly joined
    taxing unit fails to file its claim for delinquent taxes, then its lien will be extinguished"

    So, lesson #1- make sure all taxing units are on the suit

    But, that still leaves the question of what happens when a private mortgage company is not made part of the suit on the defendent side.

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