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Sheriff's Sales

 

SHERIFF’S SALES PROCEDURES

 Sheriff’s Sales are Mortgage Foreclosures where a judgment has been entered through the court.  There is no redemption period on Sheriff’s Sales. 

 Tax Sales are when property owners do not pay their property taxes and are sold through the Porter County Auditor’s Office.  There is a one year redemption period on Tax Sales.  Sheriff’s Sales and Tax Sales are completely different.  All Sheriff’s Sales are conducted according to (but not limited to) IC 32-29-7 through 32-29-7-14. 

BIDDING

Bidding is open and progressive.  The Plaintiff always opens the bid and may start lower than the judgment amount. Financial institutions will NOT give you information regarding foreclosures.  On the day of sale, you must speak with the Sheriff’s Deputy if you intend to bid.  You will need to produce cash or certified check in the amount of the 1st judgment, or you will not be able to bid. 

TERMS

Bids must be in the form of CASH OR CERTIFIED CHECK.  We do not accept letters of credit from a financial institution.  There are no exceptions. All checks are to be payable to the PORTER COUNTY SHERIFF.  If you are the successful bidder and your final bid is less than your certified check, then you have until 4:00 the same day to produce the balance.  If you are the successful bidder and your check is greater than your successful bid, the Sheriff will issue you a check for the surplus after funds are deposited.

NOTICES OF SALE

Notices of Sale are available on our website.  They are also published at least 30 days prior to sale in the Chesterton Tribune, The Times or the Post Tribune on any given week day.  Property and judgments are posted at the Civil Bureau office during business hours. (We do not make copies.)  Notices are posted at the Porter County Courthouse.  ALL SALES MAY BE CANCELLED RIGHT UP UNTIL THE TIME OF SALE.

AVAILABILITY TO INSPECT PROPERTY

Property being foreclosed upon is still in the hands of the property owner until sold at Sheriff’s Sale. Therefore, you will not have the opportunity to inspect the property which may be owner occupied. 

OTHER LIENS ON FORECLOSED PROPERTY

The Sheriff has no knowledge of any other liens on properties other than what is listed in the judgment order which is available for inspection at the Porter County Clerk’s office in the Courthouse.  If you are unfamiliar on how to research liens, the Sheriff recommends that you pay a title company to perform this task for you.  If you buy property at Sheriff’s Sale it is a risk.  The Sheriff does not guarantee clear title.  You need to contact an attorney for advice on whether you would or would not be responsible for liens on a foreclosed property.  We cannot give legal advice.

AFTER THE SALE

If you are the successful bidder, it will take one to two weeks to obtain a Sheriff’s Deed.  If the property is still occupied and you need the Sheriff’s assistance in removing the occupants, you must file for a WRIT OF ASSISTANCE (court order), usually obtained with the help of an attorney.   The Sheriff will serve the writ and then remove the occupants if necessary.  The Sheriff will stand by while you secure the property.  

 

Any questions on Sheriff’s Sales can be answered Monday through Friday, except holidays, 8:00am to 4:00pm.

 

David E. Lain

Porter County Sheriff

By:  Kathy Nichols, Civil Bureau Supervisor

 

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