Indiana Sheriff's Sales - Local Rules, Customs and Practices Control
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 sheriff's office.
Although the Indiana Code covers the fundamentals of the sheriff's sale process, the specific rules and procedures vary by county. I presented at a foreclosure-related seminar last month, 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.
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.
I'm located in Indianapolis, Marion County, Indiana, and our civil sheriff has a helpful site - click here - that also is permanently set up on my home page. Here is information concerning links to sheriff's in the seven counties contiguous to Marion County:
- Hamilton County
- Hancock County
- Shelby County (None)
- Johnson County
- Morgan County
- Hendricks County
- Boone County
Here is information with regard to links to sheriff's sites in some of the larger counties in Indiana:
- Allen County (Ft. Wayne)
- Tippecanoe County (Lafayette)
- Vanderburgh County (Evansville)
- Vigo County (Terre Haute)
As you'll see, some of the links provide more information and forms than others. In addition, many Indiana counties outsource all or a portion of the sheriff's sale process through SRI, Inc. Ultimately, talking to, and forming a working relationship with, the representative who will be handling your sale can be invaluable.
