PROCEDURES FOR FORECLOSURE SALES TO BE CONDUCTED BY THE TAZEWELL COUNTY SHERIFF’S OFFICE
- All foreclosure judgments entered on and after May 1, 2009, will provide for Sheriffs sale unless hardship has been shown at the time judgment is rendered, in which case any party of record may request inclusion in the foreclosure judgment of alternate means of foreclosure sale.
- Sales will be placed on the schedule only after a Judgment of Foreclosure has been entered.
- As a convenience to Plaintiffs’ counsel, counsel are to schedule sales via the Tazewell County Court Administrator (Room 102) who will coordinate sale dates with the Court, Circuit Clerk, and Sheriff.
- Sale dates will be made available generally on Thursdays at 1:00 pm, in The Tazewell County Courthouse.
- As soon as possible after scheduling a sale date, Plaintiffs’ counsel will provide a copy of Plaintiffs’ Notice of Sale to the Court Administrator who will provide a copy to the Sheriff, confirming the sale date. The Notice will contain the common address or description of the property and proposed terms of sale.
- At time of sale, the Courthouse will be open to the public. The Sheriff or his designee will preside, without need of the presence of the Judge or Circuit Clerk.
- Parties, counsel, and prospective bidders present for the sale will be required to “sign in.” By “signing in,” third party bidders confirm that they have certified funds in hand to satisfy the minimum payment required per stated terms of sale, if their bid is accepted.
- A foreclosure sale may be cancelled or postponed without prior notice, as may occur when the property owner and lender are working on settlement. By statute, if the sale is adjourned to a new date within 60 days of the originally scheduled sale date, no further publication need be given by the Plaintiff. When a sale is adjourned to a new date within 60 days, the Sheriff has indicated that his staff will endeavor to note the new date on each posted Notice of Sale. When a sale is adjourned to a date more than 60 days after the originally scheduled sale date, requiring new publication, the Plaintiff’s counsel is to provide a new Notice of Sale to the Court Administrator who will provide a copy to the Sheriff for posting.
- The Sheriff or his designee will preside over sale proceedings. The Sheriff will open the proceedings by stating the case number, the case heading, and introducing the Plaintiff’s attorney present for the sale. The Sheriff will state that the sale is to begin by public auction by verbal bid to the highest bidder. The Sheriff will identity the property by common address (not necessary to read the legal description). The Sheriff will state, or will direct the Plaintiff’s counsel to state, the terms of sale as stated in the Notice of Sale. The Sheriff will announce that anyone bidding on the property must have certified funds in hand to satisfy the required minimum payment required per the stated terms of sale, in case their bid is accepted. All other questions will be referred to Plaintiff’s counsel. The Sheriff will then open bids, and will keep track of each bidder and each bid, on paper. After bidding stops, the Sheriff will state, “going once, going twice, SOLD to the highest bidder. The Bid has been struck off at $______ to ______________.” No further bids will be considered. Any objection to the sale or process of sale must be made by pleading filed with the Circuit Clerk upon payment of applicable fees unless waived pursuant to statute.
- Plaintiffs’ attorney will provide the Sheriff with a proposed Certificate of Sale (Receipt of Sale) to be executed by the Sheriff, in favor of the purchaser. Providing the Sheriff with such Certificate indicates that Plaintiff has accepted payment in full satisfaction of the bid. The Original Certificate of Sale will be given to the purchaser, with a copy to Plaintiff’s attorney. Plaintiff’s attorney will also provide the Sheriff with a proposed Report of Sale, to be executed by the Sheriff. The original is to be filed with the Circuit Clerk, with a copy to Plaintiff’s attorney.
- The Sheriff will collect $600 at the time of sale from the Plaintiff’s attorney, by attorney check or money order, payable to Tazewell County Sheriff. The Sheriff will deposit such fees with the County Treasurer at least monthly.
- It is neither the purpose nor the intent of the Court to require the Sheriff to perform any act or accept any responsibility other than as required by statute. Posting of notices, as set forth above, is voluntary on the part of the Sheriff as an accommodation to parties and does not impose any requirement to do so, in any or all cases, whether or not voluntarily undertaken.
- Payment for 3rd party sales to be in cashier check or certified check. No cash taken.
To receive an electronic list of available properties, contact the Court Administrator via email.
- [email protected]
- Further questions can be emailed to [email protected].