Problem: Judgment creditor has Sheriff conduct execution sale of real property and then expects DA to prepare Sheriff's Deed under 34.045 TCP&RC. Anyone else having this problem and know the answer to who's supposed to prepare the deed?

The sheriff or constable who conducts the sales is one to 'execute and deliver' the deed. In my opinion this includes the preparation of the deed.

Furthermore, I dont know why he would want you to do it as it is fairly simple. The sheriff's association has sample deeds and you just insert the legal description of the property that was sold. The legal description should be available from the posting of the sale.

I usually walk any new constables through the process once and then they are on their own. Thankfully we a sheriff's deputy who has been our 'civil' deputy for years and does a really good job.

It you need some forms either in electronic or 'insert here' format let me know I will have the deputy send them to you.

Hugh