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 that also is permanently set up on my home page. The following counties contiguous to Marion County also have websites:
These sheriffs, in some of the larger counties in Indiana, have sites:
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.
John D. Waller is a partner at the Indianapolis law firm of Wooden & McLaughlin LLP. He publishes the blog Indiana Commercial Foreclosure Law at http://commercialforeclosureblog.typepad.com . John's phone number is 317-639-6151, and his e-mail address is email@example.com .