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Debt Relief – Insolvency – Bankruptcy Information » Foreclosure Help » What is the differance between a sheriffs sale and a foreclosure?

What is the differance between a sheriffs sale and a foreclosure?

I want to know how a sheriffs sale works and if the “Sheriff” is the one who sells it? I also want to know if a sheriff would have anything to do with a foreclosure sale?


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6 Responses to "What is the differance between a sheriffs sale and a foreclosure?"

  1. Tee Tee says:
    I’m not sure what state you live in, but in my state here is how it works. Once a foreclosure lawsuit is filed, there are certain things that have to take place. i.e. certain people have to be served, time frames have to be met, etc. Once all requirements have been met, a notice is placed at the courthouse, newspaper, etc. that the Master Commissioner will be selling the property at the “court house steps” on such and such date/time. Interested people show up to bid on the property. Normally someone representing the lienholder will show up also. If the lienholder is not satisfied with the highest bid, their agent can bid and “buy” the property. The purchaser is required to pay 10% the day of sale and has 10 days to obtain a title examination in order to make sure the title is clear. To wrap up the transaction, the Master Commissioner executes a deed of conveyance to the purchaser.
  2. Mtn girl 48 says:
    why don’t you go to the local sheriffs website and read it for yourself and stop asking the same question? all the info is on their site
  3. laughter_every_day says:
    Foreclosure is the process that ultimately leads to the sale. Most sheriff’s do not conduct the auction themselves but contract with someone else to do that.
  4. Kevin Williams says:
    The sheriff is the instrument who conducts the sale or serve the notice of the foreclosure action on the owner of the mortgages premises. The sheriff sale in relation to the foreclosure sale is merely a reference to whom is conducting the sale.

    The sheriff will receive the instructions for the foreclosure sale from the court, the trustee or the instructions will already be in the power of sale clause in the deed of trust (mortgage documents). The sheriff has no authority to make or change any rules.

    I have only came across one state where the sheriff is allowed to set a minimal bid before a foreclosure sale and this was guided by instructions already in the state statutes.

    Hopefully, this information helps.

  5. mailaccount63 says:
    If you want to save your house, contact a Bankruptcy Attorney.

    For your own protection, get an attorney.

    THE best way to find a lawyer is by word of mouth. Ask your: family, friends, coworkers, anyone you might know in the same situation, etc.


    Call your local (usually county) bar association. Ask for names of attorneys that handle Bankruptcy Law. (If money is a BIG problem, you could also ask for the phone number of your local LegalAid office. – the attorneys at LegalAid are “real” attorneys, but sometimes in the field of Law, how much you are willing to pay does affect the quality you get.)

    When you call the law office(s), insist on speaking with the Lawyer. Just tell the Secretary the main idea of your matter – do not tell all the little details of your matter to the Secretary – save the details for the Attorney. When you get the Lawyer on the phone line, ask him/her:

    - Do they give >>>FREE, initial consultations for the FIRST meeting? (most do, but not all – you have to ask, don’t assume)
    - How much do they charge (per hour)?
    - Could you make payments on your account?
    - Can they help you? OR Refer you to someone who can help you?

    Good luck.

    (This is based on my knowledge, information, belief, and life experiences. This was intended as personal opinion, and not intended to be used as legal advice. Seeking advice over the Internet is not a good idea – the field of Law is too complex for that. Please be careful and do your research.)

  6. Joan K says:
    Each state handles foreclosures differently. There are judicial foreclosures that are processed through the courts. There are also non-judicial foreclosures, which are processed by the mortgage holder. Sheriff’s sales are public auctions open to anyone, and are presided over by the sheriff. Below is a link to a directory of foreclosures and sheriff sales information for each state.

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