This post will supplement the following, prior posts related to Indiana sheriff's sales, including specifically sales in Indianapolis, Marion County: "(Tax) Lessons Learned from Marion County, Indiana Sheriff's Sale" and "Recording Deeds in Indiana: Don't Forget the Sales Disclosure Form" (Part I and Part II.)
Effective August 1, 2009, the Marion County Sheriff's Department has revised some of its sale requirements, which you can review by clicking here. After speaking to the department's staff yesterday, in connection with a sale next week, the following appear to be the most significant changes:
- County Fees: The winning bidder must tender checks payable to the county auditor and recorder for the fees associated with filing the sheriff's deed and the sales disclosure form. It appears that, going forward, the sheriff's office will take the lead with processing these documents through the various county offices. Before August 1st, lender's counsel would receive the deed and the sales disclosure form from the sheriff, after the sale, and then process those documents themselves.
- Taxes: If the plaintiff/judgment holder (usually the senior mortgagee/lender) wants to bid, it must pay, in advance, any delinquent real estate taxes and submit written verification of such payment to the sheriff prior to bidding. Before August 1st, bidders were only required to tender a check to the sheriff, which check would only be submitted to the treasurer if the bidder acquired the property.
- Assignments: If the bidder received an assignment of the judgment, then a file-marked copy of the assignment of judgment (a/k/a notice of assignment of judgment) must be tendered to the sheriff before the assignee can bid. (We attach the notice as an exhibit to the written bid form that we submit to the sheriff's staff the day before the sale.) Before August 1st, the sheriff did not routinely or expressly require this documentation.
If you have any questions about items 1-3, I recommend that you call the sheriff's department at either 317-327-2450 or 317-327-2459. Pam and Tammy can be reached at those numbers, and they have always been very helpful, patient and cooperative. For more about Marion County sheriff's sales, you can click on its website here. The sale rules identified on that website can be accessed by clicking here.