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Real property

sheriff's deed

A sheriff’s deed is a deed that transfers or conveys title (ownership rights) in property purchased at a sheriff’s sale. A sheriff’s sale is typically ordered by a court after a person or entity fails to pay a court judgment against them (a judgment debtor) or when the property is the subject of a mortgage foreclosure.

Laws vary from state to state, but a debtor whose property is the subject of a mortgage foreclosure that was sold at a sheriff’s sale may have the right to redeem the property or the right to redemption of the property—paying the amount due and keeping the property—until confirmation of the sale is signed by the judge and filed by the court. This redemption period is usually defined by state statute and may be referred to as a statutory redemption period.

The lender (bank) that is foreclosing on the mortgage is often the high bidder that purchases the property at a sheriff’s sale. If another party is the high bidder at the sheriff’s sale, the lender (bank) may be able to get a deficiency judgment against the debtor (borrower or mortgagor) if the sale amount isn’t enough to pay the balance of the debt—depending on the state’s law.

In Texas, a sheriff's deed is a legal document that conveys ownership of property sold at a sheriff's sale, which is typically the result of a court-ordered sale due to a failure to pay a court judgment or as part of a mortgage foreclosure process. Texas does not provide a statutory redemption period for properties sold at a sheriff's sale due to mortgage foreclosure. Once the sale is confirmed by the court, the previous owner's right to redeem the property is extinguished. However, Texas does have a redemption period for tax foreclosure sales, which is not applicable in the context of mortgage foreclosures. If the property is sold for less than the amount owed on the mortgage, the lender may seek a deficiency judgment against the debtor for the difference, subject to certain conditions and limitations under Texas law.

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