Last updated: July 13, 2018

 

RULES AND NOTES

 

Lieberman Technologies represents the Delaware County Sheriff’s Office at the Sheriff Sales.

 

Contact Info
Phone: 812-434-6645
Email: DelawareSheriffSales@LTnow.com
Website: www.IN-SheriffSale.com
Mailing Address: Delaware County Sheriff Sale
223 NW Second St, Ste 300
Evansville, IN 47708-1221

 

  • Email is our main source of communication. Advertising costs, outstanding taxes, sale date information, and sale cancellations are included in these communications.
  • Delaware County requires a unique Notice of Sheriff Sale. Please use the form found on this website at Delaware Notice of Sheriff Sale
    • All the blanks on the form must be filled in
      • Township must be included
      • Common street address must be included
      • Parcel number must be included
    • Please include the Notice of Sheriff Sale with the praecipe at the time of filing and the Clerk will send it to us. We only need one copy of this document. We will make additional copies if necessary. Please do not send extra copies to the Sheriff’s Office.
    • To set up a sale, we require the following documents:
      • Notice of Sheriff Sale
      • Praecipe (must have file stamp from Clerk)
      • Judgment

Sheriff Sale Fee

  • The fees for the sale should be paid in one check per parcel. The check should be made payable to DELAWARE COUNTY SHERIFF.
  • The check should be mailed to Delaware Sheriff Sales, 223 NW 2nd St, Ste. 300, Evansville, IN 47708-1221.
  • Fees are determined as follows:
    • If, under a cause number, there is one parcel to be sold, then the fee is $200.
    • If, under the same cause number, there are multiple parcels that are to be sold as one unit, then the fee is $200.
    • If, under the same cause number, there are multiple parcels, with each parcel being sold separately, then the fee is $200 per parcel. One check per parcel.
  • This fee is not flexible and is due even if the sale is canceled.
  • This fee MUST be paid prior to the day of sale

Taxes

  • The plaintiff is responsible for paying all taxes, liens, etc. attached to the property to be sold. These items must be brought to a zero balance before the sale. If these items are not brought to a zero balance before the sale, the Sheriff will cancel the sale.
    • Outstanding taxes will be emailed to those attorneys (if we have email addresses on file) that have parcels in the sale.
    • Taxes, liens, etc. must be paid PRIOR to the day of sale or the sale will be canceled.
    • Balances may be checked at the Delaware County Treasurer’s office.

Newspaper Publications/Legal Ads

  • When the date of the sale for your parcel has been set, we will send the legal notice to the newspaper. The newspaper will notify us of the cost. We will relay this information in a spreadsheet via email. The newspaper must receive a check for the cost before the ad is published. If the publication fees are not paid by the deadline set by the newspaper, the newspaper might not advertise the sale. If the sale is not advertised, we will cancel the sale.
    • It is the responsibility of the attorney to notify the newspaper of cancellations. Lieberman does not forward cancellations from attorneys to the newspaper.
    • If the newspaper is notified of a sale cancellation, and asked that the remaining legal notices not be published, the newspaper might refund a portion of the fee.
    • Publication fees must be paid prior to the date of publication.
    • Checks should be made payable to The Star Press and mailed to.
      • USA Today NetworkAttn: Legal Advertising435 E. Walnut St, Green BayGreen Bay, WI 54301
  • For more information, please contact the Star Press Directly at 765-213-5772 or legals@muncie.gannett.com

Bidding and Day of Sale Information

  • The Delaware Sheriff Sale is not held in the Sheriff’s Office. It is held in the Delaware County Building, 309A Commissioners’ Court Room, 100 W Main St, Muncie, IN.
  • Bidding starts at 10:00 am. Any sale that has multiple bids will go to live auction around 11:00 am. Third party checks are due by 1:00 pm the day of the sale at the Delaware County Sheriff’s Department, 100 S Washington St.
  • Blank bid forms are available
  • Faxed, emailed, or mailed bids are not accepted for the Delaware County Sheriff Sale. Bids must be presented in person on the sale date at the sale location.

After the Sale

  • The Plaintiff’s attorney should provide a deed regardless of the purchaser as a courtesy to the Sheriff’s office. In the event that a parcel is awarded to a Third Party, a Third Party deed can be mailed to Delaware Sheriff Sales, 223 NW 2nd St, Ste 300, Evansville, IN 47708 or emailed to DelawareSheriffSales@LTnow.com
  • The Sheriff’s representative will prepare the Clerk’s Return. We will send a copy of the return, along with the order of sale, to the Clerk’s office. You may file for proceeds with the Clerk’s office approximately two weeks after the sale and the clerk’s office will disburse the proceeds.
  • After the sale, we will send the following documents to the Plaintiff’s attorney:
    • Clerk’s Return
    • Proof of Publication
    • Receipt for sheriff sale fee

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DEED FILING PROCESS:

This is a note that covers the impact of IC 32-29-7-10(a)(2) which states that the Sheriff, and not the attorney, must file the deed with the County Recorder.  At the time of the deed filing, the Sheriff must also give to the Assessor, a Sales Disclosure Form [State Form 46021 (R9/7-09].

  • On the DAY OF SALE, the attorney must deliver to the Sheriff’s agent
    • The Bid
    • Sales Disclosure
    • The Deed
    • A check made payable to the RECORDER of Delaware County
    • For deeds that will be presented to the Recorder before July 1, 2017:
      • $16.00 for the first page of the deed.
      • $2.00 for each additional page of the deed.
      • $1.00 per non-conforming page
    • For deeds that will be presented to the Recorder on or after July 1, 2017:
      • The fee is a flat $25.00
      • Deeds must conform to IC 36-2-11-16 and 36-2-11-16.5
    • A check made payable to the AUDITOR of Delaware County in the amount of $5.00 per parcel.
    • A self-addressed, stamped envelope to be used by the Recorder to return the recorded deed.
  • If this packet is not presented to the Sheriff’s agent at the sale, then the Sheriff’s agent will cancel the sale.
  • If the check is for an incorrect amount, then the Sheriff’s agent will cancel the sale.