February 28, 2010
Indiana Sheriff's Sales: Local Rules, Customs and Practices Control
This replaces my April 14, 2008 post and includes the most current links to various Indiana county sheriff's offices. In Indiana, mortgage foreclosures must be judicial or, in other words, through the court system. As a general proposition, real estate collateral must be sold, pursuant to a judge's decree, by the county civil sheriff's office.
County-specific. Although the Indiana Code covers the fundamentals of the sheriff's sale process, the specific rules and procedures vary by county. I once presented at a foreclosure-related seminar, and one of my co-presenters accurately stated, in essence, that there are 92 counties in Indiana and therefore 92 different sets of rules applicable to sheriff's sales. My advice is to call or visit the local civil sheriff's office to confirm the hoops through which you must jump, and when, to start and finish a successful sheriff's sale.
State link. Many Indiana counties provide at least some guidance through the internet. The Indiana Courts home page, for which I have a permanent link on the left side on my blog's home page, has an "information by county" menu on the left that allows you to surf through county websites to determine whether the local sheriff's office has any on-line sale information.
Marion County. I'm located in Indianapolis, Marion County, Indiana, and our civil sheriff has a helpful site - click here - that I've permanently linked to on my home page.
Contiguous counties. Here are links to sheriff's sites in the seven counties contiguous to Marion County:
Other counties and third party servicers. The following are links to sheriff's sites in some of the larger counties in Indiana:
As you'll see, some of the counties provide more information and forms than others. In addition, many Indiana counties (about 17, including Boone and Vigo), outsource all or a portion of the sheriff's sale process through SRI, Inc. Another contractor, Lieberman Technologies, serves six Indiana counties, including Shelby and Vanderburgh.
Despite information that may be available on the internet, I've found it to be invaluable to talk to, and form a working relationship with, the representatives who will be handling your sale.
Posted at 02:42 PM in Sheriff's Sales