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- Civil Process
- Civil Process Home - Sheriff's Sale Information - Sheriff Sales - Civil Process Fees
- Sheriff's Sale Information
- Personal Property
- Sheriff sales for personal property are held at least ten days after the notice of sale has been posted, sales of personal property are usually conducted Monday through Friday. The sales for personal property are normally conducted at the place of storage, place of sale is indicated on the Notice of Sale.
- Requirements at personal property sale are that the purchaser must be present to bid (no sales by phone or advance bidding), and property is sold to highest bidder. Purchaser must make arrangements with storage facility for pick up of the purchased property. In most cases the personal property may be viewed on sale date, prior to the sale.
- Acceptable form of payment is cashier’s check, or money order. Payments made out to the El Paso County Sheriff’s Office.
- Real Property
- Sheriff sales on real property are held on the first Tuesday of each month at 10:00 A.M. at the El Paso County Courthouse, 500 E. San Antonio St. (3rd floor), El Paso, Texas, 79901. All real property sold by the Sheriff's Office is published in either the El Paso Times or El Paso Inc., and/or are available for viewing on-line from this web-site.
- The real property up for sale is listed as Sheriff Sale and may be sold for two reasons:
- 1. Tax Sale for collection of back property taxes owed.
- 2. Sale under Writ of Execution or Order of Sale to satisfy a judgment awarded to the Plaintiff.
- Rules for Sales
- 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- Any property may be withdrawn from the sale at any time prior to acceptance of the final bid at auction.
- – The property will be
- – The El Paso County sold at public auction to the highest bidder based on oral bids. Rules governing auctions will apply. Sheriff's Office will accept payment by cashier's check or money order ONLY.
- – Cashier’s Checks or money orders must be made payable to the El Paso County Sheriff's Office.
- – A separate check must be made for each property.
- – Payment must be made after the sale by 2:00 P.M. If any purchaser fails to pay by 2:00 P.M., he can be fined 20% of the market value of the property plus all costs of the case (court costs, Sheriff's fee, advertising, deed and posting). The Sheriff's Office will then resell the property at the County Courthouse at 3:00 P.M.
- – All sales are as is, to the highest bidder on a "Buyer Beware" basis.
- – All questions concerning the property offered should be directed to an attorney.
- – THE SHERIFF'S OFFICE WILL NOT ANSWER LEGAL QUESTIONS.
- Since the passing of House Bill 335, before the Sheriff can write out a deed of sale, the buyer will need to bring in a release letter from the City Tax Assessor Collector.
- This form will be provided at the sale for winning bidders.
- The form must be file with the City Tax Office before the Sheriff’s Office can issue a deed for the property.
- It is necessary that bidders satisfy themselves concerning the status of the property and the location and condition of the property prior to sale by checking with the El Paso County Clerk's Office/land deed records located at 500 E. San Antonio St., El Paso, TX. All lawsuit information pertaining to each sale may be reviewed at the respective District Clerks Office, Clerk's Office or Justice of the Peace Office.
- The courts of jurisdiction and cause numbers are noted on the Notice of Sheriff's Sale.
- Tax Sale Information
- Purchasers at the sale will receive a Sheriff's Deed, which is without warranty, expressed or implied.
- All tax property purchased at the sale is subject to a statutory right of redemption. This redemption period commences from the date the deed is filed for record with the County Clerk. The purchaser is responsible for filing the deed and has a right to 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. El Paso County makes no reservations as to which redemption period applies to any property offered at sale. A person having an ownership interest in the property at the time of the 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 Tax Code.
- Struck-Off Properties
- Properties that went to sheriff's sale and were not sold are called struck-off property. The owner of the property is now the taxing unit(s).
- THE SHERIFF'S OFFICE DOES NOT CONDUCT TRUSTEE FORECLOSURE SALES
- These are conducted by the Trustees or Attorneys for the lending institution involved with the loan. Please contact them for further information.
- The Notice of Sale on Sheriff’s sales may be posted on the 1st floor of the El Paso County Courthouse, 500 E. San Antonio St., El Paso, Texas, 79901, at the Sheriff's Office Headquarters Building, 3850 Justice Dr. El Paso, TX 79938, and at the City Clerks Division located at 2 Civic Center Plaza, El Paso, TX 79901
- **********Buyer Aware**********
- – “THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR JUDICIAL REQUIREMENTS. THE COUNTY OF EL PASO AND THE SHERIFF’S DEPARTMENT ARE ACTING ONLY AS CONDUITS OF INFORMATION. BIDDER WILL BID ON THE RIGHTS, TITLE, AND INTEREST, IF ANY, IN THE REAL PROPERTY OFFERED.”
- – “ALL PROPERTY IS SOLD “AS IS” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE COUNTY NOR THE SHERIFF’S OFFICE WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT THE PROPERTY’S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.” BUYERS ASSUME ALL RISKS.
- – "ESTA VENTA SE LLEVA ACABO DE CONFORMIDAD CON LOS REQUISITOS JUDICIALES O ESTABLECIDOS POR LA LEY. EL CONDADO DE EL PASO Y EL DEPARTAMENTO DEL SHERIFF SOLO ACTUAN COMO VÍA DE INFORMACIÓN. LOS INTERESADOS HARAN OFERTAS SOBRE LOS DERECHOS, TÍTULO, E INTERESES, SI ES QUE LOS HAY, EN EL INMUEBLE OFRECIDO.”
- – “LA PROPIEDAD SE VENDE COMO ESTA, DONDE ESTA, Y SIN GARANTÍA ALGUNA, YA SEA EXPRESA O IMPLÍCITA. NI EL CONDADO NI EL DEPARTAMENTO DEL SHERIFF GARANTIZA O HACE ALGUNA REPRESENTACIÓN ACERCA DEL TÍTULO DE LA PROPIEDAD, SU CONDICIÓN, HABITABILIDAD, COMERCIALIZACIÓN, O SU ADECUACIÓN PARA ALGÚN PROPÓSITO EN PARTICULAR. LOS COMPRADORES ASUMEN TODOS LOS RIESGOS.”
- – The person bidding must be the same as the person who signed in. If you are bidding under a business, the name of the business must be listed on the bidder sheet. Title will be issued under the bidder name or business as listed on the bidder sheet. All sales must be paid at the end of the auction; payment will be made in the form of Cashier Check or Money Order ONLY, payable to the El Paso County Sheriff’s Office. Payment will be received no later than 2pm, at the El Paso County Courthouse, 500 E. San Antonio, 3rd floor lobby area.
- All property sold is “as is” without any warranty, either express or implied. Neither the County nor the Sheriff’s Office warrants or makes any representations about the property’s title, condition, habitability, merchantability, or fitness for a particular purpose.
- BUYERS ASSUME ALL RISKS
- Registration process for property purchased at auction from the El Paso County Sheriff’s Office Civil Execution Unit:
- – Bill of Sale will be provided to the buyer within 30 days after purchase by the Sheriff’s office.
- – Original Bill of Sale will be filed at the El Paso County Clerk office by the purchaser. (Located at 500 E. San Antonio, El Paso County Courthouse.)
- – After Bill of Sale has been filed and scanned with the County Clerk office, the Bill of Sale will be used to obtain registration with the County Tax Office. (located at 500 E. Overland, or any other branch)
- *Vehicle must be insured
- *Vehicle must have current motor vehicle inspection certification
- The buyer of vehicle assumes all responsibilities in removing property/vehicle from the Sheriff’s Impound Lot. Buyers must comply with all Texas laws should a vehicle be driven off the premises.
- Notice to Plaintiff on Writs
- Please be advised that there is no guarantee that the El Paso County Sheriff’s Office will be able to collect your Judgment, and there will be no refunds issued. We will make every effort within the law to collect on your judgment.
- It is the responsibility of the Plaintiff and/or Plaintiff’s Attorney to:
- – Search/identify property belonging to the Defendant;
- – Determine whether the property belonging to the Defendant is non-exempt property and not subject to levy (seizure);
- – Determine whether the Defendant has any liens on the property that is being taken to satisfy the judgment;
- – Know that the officer is NOT obligated to make multiple levies for cash, or multiple levies at the same location (no duty to collect payments or levy on the Defendant more than once)
- 34.71 Civil Practice and Remedies Code
- In the State of Texas, Defendants are entitled to certain exempt property.
- – Homestead (home in which the defendant resides): Texas Property Code 41.002-41.008
- – Personal Property not to exceed $30,000 for a single adult, $60,000 for a family, and one vehicle per licensed driver: Texas Property Code 42.001-42.005
- – We are also unable to collect on Defendants who are currently under Bankruptcy.
- ** Additional County Clerk fees may apply.
Refer to the County Clerks Website: www.epcounty.com/clerk
- NOTE: We are not able to levy on tax refunds and/or payroll checks, and we can only levy on real or personal property that is non-exempt. We will attempt to satisfy your writ; however we are not a collection agency or negotiators.