February 13, 2009, 07:33
Rex Emersonconstable seizure of real property
Pursuant to a civil judgment and writ a constable has seized a small tract and posted notice of sale. Is a substitute trustee's deed the proper instrument to transfer the property?
February 18, 2009, 15:32
Scott BrumleyUnder section 34.045(a), Civil Practice and Remedies Code, the constable is to "execute and deliver to the purchaser a conveyance of all the right, title, interest, and claim that the defendant in execution had in the property sold." In other words, the constable is standing in the shoes of the owner of the levied-upon property, not any third-party agent. The conveyance is made through a deed usually referred to as a "sheriff's deed." Since the officer is not a sheriff, an "Officer's Deed" should do the trick.