Sheriff Sale Guidelines
Foreclosure Sale Guidelines
Announce all bidders, not representing the mortgage company/attorney, must show proof of prequalification and must have the monies in certified funds to the Sheriff’s Office within an hour.
The paperwork containing the Publisher’s Affidavit and Sheriff’s Sale Certificate will be presented by the title company representative. A short version of the affidavit may be read at the sale: first paragraph along with the total sum owed, by whom and the physical address (see example attached). Followed by “Are there any bids at this time?”
Any bids will be repeated. Once it’s certain no other bids are going to be made, ask “Are there are any other bids at this time? If not, that bid shall be accepted.” All the paperwork is returned to the title company rep and you continue to the next sale in the same manner. All bidders must be present or have a representative present. We do not accept “silent bidders” or bids via phone.
Once all sales are complete, each sold property will have a Sheriff’s Certificate to complete. The Sheriff’s Certificate will be provided by the title company and you will only have to sign and date. A copy will be given to the title company for them to file with the Clerk’s Office and another copy will be for the Sheriff’s Office. A ten dollar fee for each sale. A check should be attached. The monies and the Sheriff’s Office copy of all the paperwork will be given to Judy Field.
If the highest bidder is anyone other than the mortgage company, the bidder MUST provide a letter of prequalification. The individual cannot bid more than their prequalification. Their name and physical address needs obtained before they leave the courthouse. The monies must be presented to the Sheriff’s Office within an hour of the sale in certified funds. The paperwork is completed in the same manner as above.
Any mistakes in the wording on the paperwork provided, it is not the fault of the Sheriff’s Office and they cannot be held responsible for any such issues. Worst case scenario, the foreclosing attorney’s office will have to redo the sale at a later time. It is not our responsibility to police their affidavits or information contained within the affidavits. We are there to sell the property and make sure bids are paid.
There is a redemption process (anywhere from 90 to 120 days from date of the sale) the owner of the residence can file. If there are any further questions on such process, please have them seek legal advice from their attorney.
The successful bidder CANNOT take physical control of the property until the redemption period(s) have passed; either 90 or 120 which is their responsibility to research. Yes, the owners can reside in the residence until that time. If the owners are still in the residence after the redemption period has passed, they will need to be evicted by following the correct eviction process. No, nothing can be filed criminally if the owners destroy the property in the redemption time period.
Once the 90 to 120 day redemption period has passed and the property is not redeemed, the attorney’s office for the mortgage company or the highest bidder draws up a Sheriff’s Deed which is signed by a Deputy Sheriff and filed by a the highest bidder or a representative.
Copies of all said paperwork is kept at the Sheriff’s Office, however none of the paperwork belongs to the Sheriff’s Office and all inquiries of the paperwork; ie: bid amount, highest bidder, etc, can be located in the vault where it is filed.
If questions are asked by the bidder on how to proceed, our only duty is to ensure the monies are collected, please refer them to an attorney for any further legal assistance.
Abandoned Vehicle Sales
Occasionally, the Sheriff’s Office will be requested to conduct an abandoned vehicle sale at the courthouse. A representative must be present or the sale will not take place. The Sheriff’s Office requires the ten dollar fee for the sale, the ORIGINAL Publisher’s Affidavit, ORIGINAL VIN form completed by law enforcement, State title paperwork, any certified letters required by the State title paperwork (addresses MUST match what’s on the State title paperwork) and a Sheriff’s Sale Certificate which is provided by the Sheriff’s Office. All this information will be checked by Judy before the start of the sale. The Publisher’s Affidavit will need read and bids made. A bid must be made. If no outside party is present for the bid, the representative must bid a minimum of ten dollars. The successful bidder will provide monies to the representative for the bid amount AT THE TIME OF THE BID. The Sheriff’s Certificate will be completed and mailed later that day by Judy to all parties involved.
An abandoned vehicle can also be an abandoned mobile home and the process is all the same.
If there is a lien on the property, that is the responsibility of the bidder to find out. We do not do such research. A lien on an abandoned vehicle title DOES NOT follow the vehicles new title, however if a lien holder is discovered in the State title paperwork, the lien holder is to be sent notice of the sale by the individual going through the abandoned vehicle process. Again, all paperwork is looked over by Judy BEFORE any sale takes place.
Property Execution Sales
These sales are of property seized prior by the Sheriff’s Office via a judgment. There is no ten dollar sale fee for these sales. The property will not be present at the sale. Sometimes we will have photographs of the property or give an opportunity for the property to be viewed a few days before the sale.
A representative must be present. There should be an ORIGINAL Publisher’s Affidavit, an original VIN form completed by law enforcement and a Sheriff’s Certificate (provided by the Sheriff’s Office). The Publisher’s Affidavit needs read along with “THE SHERIFF’S OFFICE MAKES NO WARRANTIES REGARDING TITLE OR MERCHANT ABILITY FOR A PARTICULAR PURPOSE. THE SHERIFF’S OFFICE DOES NOT GUARANTEE THAT THE PURCHASER WILL ACQUIRE CLEAR TITLE FREE OF ANY AND ALL LIENS TO ANY OF THE PROPERTY SOLD. ALL PROPERTY IS SOLD SUBJECT TO ANY LIENS AGAINST IT.”, and bids made. If there are no outsiders to make a bid, the representative must make a bid of a minimum of ten dollars. The monies are paid to Judy and the Sheriff’s Certificate is completed. The Sheriff’s Certificate is mailed to all parties later that date. The money is forwarded to the proper court by Stacy. The courts will then apply the monies to the judgement and mail the proceeds to the plaintiff.
If there is a lien on the property, that is the responsibility of the bidder to find out. We do not do such research. If, by some chance, we know if there is a lien, we will announce it. A lien on an executed vehicle title WILL follow the vehicles new title; meaning the lien will still be owed and the vehicle still may be repossessed by the lien holder at any time. Again, this is BUYER BEWARE. The Sheriff’s Office is not responsible for any title mishaps. If the buyer is confused, please refer them to seek an attorney or speak with the Clerk’s Office.
If firearms are being sold, please make sure you state: BIDDERS ON FIREARMS & AMMUNITION ARE REQUIRED TO BE AT LEAST 18 AND WILL BE SUBJECT TO BRADY BILL CHECKS. PURCHASERS WILL BE NOTIFIED BY THE SHERIFF’S OFFICE WHEN THEY CAN COME PICK UP THEIR FIREARM OR AMMUNITION.
Storage Unit Sales
These sales will require a representative present and cost ten dollars for EACH storage unit sold. An ORIGINAL Publisher’s Affidavit and Sheriff’s Certificate (provided by the Sheriff’s Office) is required. The Publisher’s Affidavit is read and the bids are made. The representative must make a bid if no outside bids are made. The successful bidder will give all information to Judy to complete the Sheriff’s Certificate and the monies will be paid the storage representative. The Sheriff’s Office does not have to collect the money for these sales; only the ten dollar sale fee. The Sheriff’s Certificates are completed and mailed by Judy later that same date.
If it is learned the storage unit being sold contains a vehicle, the vehicle cannot be sold as property in the storage. The representative MUST complete the abandoned vehicle process to sell the vehicle. A majority of the time the property within the storage units are viewed by the public earlier in the week. We do not have, nor do we announce, any information on the property contained in the units. The representative can/will on occasion.
There are a few things within statute that states what we CAN accept/do, but the above is an explanation of our policies and how our County handles each type of sale.