Back in January of 2011, I posted: Sheriff's Sale Checklist - Marion County (Indianapolis) Illustration. Step 1 was to "praecipe" for the sale. (In August of 2010, I answered the question: What's A "Praecipe"?)
For years in Marion County, we praeciped for sales by filling out by hand an entry into a formal praecipe book found in the Marion County Clerk's Office on the 1st Floor of the City-County Building. In all other counties, we prepare a written pleading entitled "praecipe" and have it file-stamped by the Clerk for placement into the trial court's record.
Recently, we had a case in Marion County in which our praecipe via the book apparently got lost somewhere between the Clerk's Office and the Sheriff's Office. Innocent mistake - it happens - but the client was not happy. So, we inquired into whether we could trigger the sale process without utilizing the book. We can.
Here is an information sheet prepared by Marion County that speaks to how to get a sheriff's sale by bypassing the praecipe book process: (.pdf):
- Submit an original and two copies of the praecipe
- Attach to the praecipe one copy of the foreclosure judgment/decree
- Submit a check for $1.00 for certification of the judgment/decree
- Attach to the praecipe a copy of the first page of the complaint
- Submit one self-addressed stamped envelope
Items 1-5 should be submitted to:
Marion County Clerk's Office
Attn: Rosalinda Sanchez
200 East Washington Street, Room W-140
Indianapolis, Indiana 46204
Rosalinda made it clear to me that, if you submit a typed praecipe, you do not praecipe with the book. "You choose one or the other," she said.
Although Marion County's book system would seem to have a 99% success rate, my sense is that the submission of a typed praecipe, which looks and feels more like a formal pleading, could close that 1% gap. For what it's worth, from now on we're going to follow the steps in Rosalinda's handout.
As a reminder, a word to the wise: Indiana Sheriff's Sales: Local Rules, Customs and Practices Control. Find the Rosalinda in each county with which you're unfamiliar, and make her your friend....