Sheriff's Sale

Clayton County Sheriff’s Sale – Quick FAQ Summary

• Location & Time: Held in the Conference Room of the Clayton County Sheriff’s Office, usually at 10:00 A.M. Dates may vary or be postponed the day of the sale.
• Type of Sale: Most are mortgage foreclosures, sometimes for second mortgages. Properties are auctioned to the highest bidder.
• Research First: Buyers should check title, taxes, and liens before bidding. All sales are “buyer beware.” Consult an attorney before purchasing.

Key Points

1. Payment: Full payment is due the day of sale.
2. Property Access: No entry unless the property is occupied and you have permission from the residents. The Sheriff does not have keys.
3. Payment Method: You may “hold” your bid with a personal check and a bank letter of guarantee; you’ll then have 2 hours to return with a cashier’s check for the full amount.
4. Backing Out: If you refuse to pay after winning, the judgment holder may take legal action under Iowa Code §626.85.
5. Bidding: The lender (judgment holder) typically provides a sealed bid in advance, which becomes the opening bid.
6. Taxes: Any unpaid property taxes remain with the property; the buyer is responsible.
7. Redemption Period: If listed, the debtor can redeem the property within that time. Buyers receive a Certificate of Purchase, then a Sheriff’s Deed after redemption expires.
8. Title: Sheriff’s sales do not guarantee clear title.
9. Legal Questions: Matters such as eviction, deed filing, and ownership details must be handled by an attorney.
10. Attorney Referrals: The Sheriff’s Office cannot recommend attorneys. (Always consult an attorney before bidding or purchasing at a sheriff’s sale.)

(Always consult an attorney before bidding or purchasing at a sheriff’s sale.)

Real Estate Sales General Execution

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