This follows-up my August 14, 2009 post - New Marion County (Indianapolis) Sheriff's Sale Requirements- and fulfills my promise, while presenting at last last year's foreclosure CLE/seminar, to provide a sale checklist. The following list includes many of the key steps but is not an exhaustive list of considerations. So, please make sure you and your counsel independently review the applicable statutes and rules as you prepare for your own sale. Please also glance at last week's post - Indiana Sheriff's Sales: Local Rules, Customs and Practices Control - for further advice/tips.
Upon Entry Of Judgment/Pre-Sale
1. Praecipe for sale at clerk’s office; submit first page of complaint/two copies of judgment.
2. Obtain sale date and sale number from sheriff.
3. Submit notice of sheriff’s sale to sheriff.
4. Request bidding instructions from client.
5. Obtain sale data sheet from sheriff.
6. Prepare bid form.
7. Obtain check for sheriff’s costs/sale fees.
8. Draft sheriff’s deed and request check for recorder’s fee.
9. Draft clerk’s return.
10. Draft sales disclosure and request check for auditor’s fee.
11. Obtain statement for any delinquent real estate taxes from treasurer’s office.
12. Request check from client to treasurer for any delinquent taxes.
Day Before Sale
13. If applicable, pay any delinquent taxes and secure receipt from treasurer; obtain stamped Tax Clearance Form from treasurer (regardless of whether there were any delinquent taxes).
14. Submit to sheriff:
(a) Bid form with sheriff’s fees/costs check;
(b) Deed with recorder’s fee check;
(c) Clerk return;
(d) Sales disclosure form with auditor’s fee check; and
(e) Tax Clearance Form.
15. Attend auction at City/County Building.
16. If client purchases, obtain all file-marked conveyance documents and clerk’s return.
17. If third party purchases, obtain check for sale proceeds from sheriff.
(This revises/updates my 3-7-10 post.)