210 W. Davis, Conroe, TX 77301
MAIL: P.O. Box 959, Conroe, TX 77305
Texas Property Code Chapter 51
Overview for Mortgage Foreclosure Sales
The County Clerk's Office has NO involvement in the Foreclosure process or the sale other than maintaining the official public records that are filed. Anyone with questions or inquiries regarding a property scheduled to be sold should contact the current Trustee and/or Attorney listed on the Notice of Sale.
If you are a homeowner facing foreclosure, please visit the Texas Department of Housing and Community Affairs' Foreclosure Assistance page.
Texas is a non-judicial foreclosure state. Default is defined in the Deed of Trust (Mortgage) and/or Promissory Note. When a debt is defaulted a Substitute Trustee's sale will take place in the manner authorized by the Deed of Trust/Promissory Note.
When is the Sale
As laid out in the Texas Property Code Chapter 51.002(a)(a-1), the public auction is to be held between 10:00 AM and 4:00 PM on the first Tuesday of every month, with the exception that if the first Tuesday occurs on January 1 or July 4, then the sale will be held on the first Wednesday of the month.
Where is the Sale
On June 14, 2022 the Montgomery County Commissioners Court, as the governing body of Montgomery County, declared that foreclosure sales are to take place on the steps of the Old 1936 Courthouse at 301 N. Main St., Conroe, TX.
Posting of Notice
All notices for the sales must be publicly posted 21 days prior to the sale. Texas Property Code §51.002(b)
The notices for the sales are posted inside the west doors of the Old 1936 Courthouse at 301 N. Main Street, Conroe, TX. In addition, a physical file of individual notices is kept and made available to the public in the County Clerk’s Recording Department at 210 W. Davis Street, Conroe, TX. As a public courtesy, a digital copy of the notices are available to be viewed on the County Clerk’s records search website under Foreclosures.
These notices are neither County Clerk records, nor permanent records. Therefore, as allowed by law [§51.002(f-1)], the notices of sale are disposed of and are no longer viewable after the date of the sale.
Constable Tax Lien Foreclosure Sales & Resales
Texas Tax Code Chapter 34
In contrast to Mortgage Foreclosure Sales, this type of sale that is handled by the Constables is real property which was seized due to a tax warrant being issued.
Sales take place on the First Tuesday of every month at 10:00 AM (unless a holiday, then the following business day).
The Montgomery County Constables no longer conduct LIVE tax sales and resales but will continue to conduct execution sales in accordance with Texas law. Delinquent tax foreclosure sales and resales will be conducted by the Constables through an online platform operated by Real Auction at https://montgomery.texas.realforeclose.com. This change was approved by the Montgomery County Commissioners Court.
Constable Sales are open to the public. Bidders must register through the Real Auction website. All of the rules and procedures for tax sales are noted at the Real Auction website. Free bidder training is also provided through the website.
Additional information is available through the Montgomery County Tax Office website
- What is a Notice of Substitute Trustee Sale?
- A Notice of Substitute Trustee Sale is what's commonly referred to as a Foreclosure Sale Notice or Mortgage Foreclosure Sale.
- Who conducts the sale(s)?
- Mortgage Foreclosures: The trustee acting on behalf of the lender
- Tax Sales: The Constables through the Real Auction website
- Where can I obtain a list of properties to be sold?
- The County Clerk's Office does not have a master list available. The notices are individually posted in the Old 1936 Courthouse, in the County Clerk's Office and online. Copies of individual notices may be purchased from the County Clerk's Office for a fee of $1.00 per page. Copies can also be printed at home by visiting the County Clerk's records search website.
- Who can I talk to at the County Clerk's office to answer questions about how to purchase a property at the sale?
- The staff in the County Clerk's Office do not conduct the sale or have any information about the specifics of the sale. The sale is conducted by the trustees on behalf of the lenders. It is illegal for the County Clerk's personnel to give legal advice. The trustees conducting the sale can provided that information to interested parties.
BE ADVISED: THE MONTGOMERY COUNTY CLERK'S OFFICE PROVIDES THIS INFORMATION AS A PUBLIC SERVICE. WHILE EVERY EFFORT IS MADE TO ENSURE THE ACCURACY OF THE INFORMATION, THE COUNTY CLERK SHALL, UNDER NO CIRCUMSTANCES, BE RESPONSIBLIE OR HELD LIABLE FOR ANY ERROR, OMISSION OR DAMAGES IN CONNECTION WITH THE USE OF THE SAID INFORMATION.