An important duty of the Sheriff's Office is the conducting and handling the sale of real property under a decree of foreclosure. The cases arise by the mortgagee filing a complaint with the court asking that the court foreclose the mortgage, and have the property sold. In addition, a mechanic's lien on the real property is enforced by foreclosure of the lien, the same as a mortgage.
The judgment foreclosing the mortgage determines the amount due, and orders the sale of the mortgaged property. It also directs the Sheriff to proceed and sell the same, according to the law relating to sales on execution.
The Sheriff publishes newspaper Notice of Sales three weeks prior to the sale and also in three 3 public places. Other sales require 10-14 days public notice.
Writs of Execution, praecipe must have a full detailed description, type of item, serial number, ect of the property to be seized; if vehicle is to be seized we must have a vehicle identification number, plate number, if possible, etc. When seizing vehicles or large items, you must provide a name of a certified towing company or moving company. You will be responsible for any charges that may occur. Our fees for writ of execution are the following:
Real Estate: Order of Sale $300.00
Real Estate: Attachment $200.00
Personal Property: Order of Sale $225.00
Real Property: $500.00 deposit
Personal Property: $250.00 deposit
Any questions please contact the Civil Section at 801-451-4103.