There are two classes of bidders for the sheriff sale: Plaintiff and Public. The plaintiff is the entity identified in the judgment that started the sheriff sale process. All other bidders, including those who hold second mortgages, liens, and other legal instruments, are considered bidders from the public sector. This page is for those in the Public class.
A Sheriff Sale is the result of a court ordered bank foreclosure for the non-payment of a mortgage. In Spencer County, the Sheriff Sale is held at 10:00am on the third Tuesday of every other month. Click on the Upcoming Sales link under Public Information to the right of this area for the exact dates.
This type of sale should not be confused with ‘tax sales’ which are held by the Treasurer’s Office for non-payment of real estate taxes.
Sheriff Sales are not held on the property location. In Spencer County, they are held in the Spencer County Sheriff’s Office, 120 North 2nd St., Rockport, IN.
Bids are accepted on the form provided by the sheriff’s office. Bids must be presented in person between 10:00am and 10:15am on the day of sale. Properties that receive bids from other than the plaintiff will go to a verbal bidding auction at approximately 10:15am. Bidding at the auction must be in person.
Winning bids must be paid in full by 3:00pm the day of the sale. Payment must be by certified cashier’s bank check payable to the Spencer County Clerk. Letters of credit or other forms of verification are not acceptable.
A list of foreclosure locations are listed on other pages on this site. They are also advertised in the legal section of the Spencer County Journal Democrat beginning approximately six weeks prior to the sale date. The full notice of the sale is listed on other pages on this site.
All properties sold by the sheriff via a court order are sold “as is.” It is the buyer’s responsibility to research the property. Title searches are the responsibility of the purchasing parties. Buyers of these properties become responsible for outstanding liens. Buyers should be aware that any federal or state liens become the responsibility of the buyer. While the sheriff’s sale and issuance of a sheriff’s deed to the purchaser will eliminate or clear claims of lien holders specifically named in the complaint against the original mortgage holder, the IRS has 120 days from the date of the sale to redeem the property if they hold interest in it.
It is the buyer’s responsibility to research the property for liens and to ensure the legal description matches the common known street address. The Sheriff’s Office does not warrant the common known street address as it is listed.
The Treasurer’s office can advise if there are taxes owed on the property. These taxes may include real estate taxes, sewer liens, weed liens, ditch assessments and unsafe building liens.
The Assessor’s office can give assessment information concerning lot size, square footage, room sizes, building materials, past ownership, yearly taxes due and etc.
The Recorder’s Office and the County Clerk’s Office may also have a record of any other liens against the property. A realtor may be able to give advice as to if the property has been listed before and can give a profile of the home if it has been listed for sale in the past.
In many cases, individuals still reside in these properties. Generally, an interested individual cannot view the inside of the property prior to the sale. If those who reside on the property prior to the sale have not moved by the day of the sale, it is the responsibility of the purchasing party to file the proper eviction papers through the court system. Personal belongings left by the previous homeowner must also be stored by the new purchaser. The Sheriff’s Office does not act as a Realtor and cannot provide keys for the purchased properties. It is the responsibility of the purchaser to make the necessary entry provisions.
Please contact the Civil Process Department to find out the details concerning this action.
SALE DAY AND AFTERWARDS
On the day of the sale, the first bids accepted will be those from the plaintiff. The plaintiff is the entity identified in the judgment that started the sheriff sale process. All other bidders, including those who hold second mortgages, liens, and other legal instruments, are considered bidders from the public sector.
You do not need to register upon entry to the sale. However, you will need to show valid identification for information purposes when you become the successful bidder on any property.
The winning bidder must make payment in the timeframe listed above. If the winning bidder fails to make payment, the winning bidder may be liable for a financial penalty under IC 32-29-7-9.
You can expect to receive a Sheriff’s Deed and Clerk’s return within a few weeks of the sale. Effective July 1, 2009, Indiana law requires the Sheriff’s Office to record the deed for all Sheriff Sales.
If you have questions about Sheriff Sales please call (812) 434-6645
or email us by clicking this link