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FORECLOSURE OF REAL ESTATE MORTGAGES AND LIENS
(IC 32-8-16-1 through IC 32-8-16-6.5)

When Process May Issue

Unless otherwise ordered by the court, judicial foreclosure of all liens upon real estate will be conducted under the same rules and with the sale proceedings as foreclosures of mortgages. In proceedings for the foreclosure of any mortgage executed on or after July 1, 1975, the court may not issue process for the execution of judgment or decree of sale for a period of three months from the time of the filing of the complaint. However, in proceedings where the mortgage was executed before January 1, 1958, the process shall not issue for at least twelve months, and where the mortgage was executed after December 31, 1957 and before July 1, 1975, the period shall be six months.

The owner of real estate subject to foreclosure may file with the clerk a waiver of these time limitations. Consent of the judgment holder shall be endorsed on the waiver which consent, if given, must also release the debtor from any personal liability. Upon filing, process must issue immediately.

The Sheriff's Duties upon Execution and Sale of the Mortgaged Real Estate

PROCESS

A copy of the judgment and decree of sale is certified by the clerk, sealed with the seal of the court, and issued to the Sheriff. The Sheriff must proceed to sell enough of the real estate to satisfy the judgment, interest and costs.

POSSESSION OF THE PROPERTY

The Sheriff is entitled to possess personal property even though the mortgage agreement itself says that the mortgagee is entitled to possession in case the property is levied upon.

NOTICE

Notice of the sale must be advertised by publication once each week for three weeks in a daily or weekly newspaper which has been a paper of general circulation, printed in the English language, and published in the county where the real estate is situated. Notice is also made by posting written notices in at least three public places in the township in which the real estate is situated, and at the courthouse door. The first of the publications must be made at least thirty days before the date of the sale. A notice of sale must contain a statement, for informational purposes only, of the location of each property by street address, if any, or other common description of the property other than legal description.

SALE

The Sheriff must sell property on foreclosure in a manner that is reasonably likely to bring the highest net proceeds from the sale after deducting the expenses of the offer and sale. The sale must be made by auction at the office of the Sheriff of the county where the real estate is located. The whole body of the mortgaged real estate should be offered for sale, unless the court orders otherwise. It is not necessary, unless ordered by the court, to offer first the rents and profits, or to offer separate parcels. If part of the judgment, interest or costs remains unsatisfied, the Sheriff is required to levy the residue on other property of the judgment debtor. If the proceeds of the sale exceed the amount of the judgment, interest and costs, the excess should be paid to the clerk of the court for disbursement by the court.

SHERIFF'S DEED

Immediately after the sale, the Sheriff should execute and deliver to the purchaser a deed of conveyance of the premises. There is no right of redemption after sale of mortgaged premises.

RETURN

After executing the deed to the purchaser, the Sheriff should make a return of the execution. In all cases where a foreclosure or execution sale of realty is not confirmed by the court, the Sheriff is required to make a record of his actions in his return to be filed promptly with the record of the case.

DECATUR COUNTY SHERIFF SALE POLICY

All Sheriff Sales are conducted at the Sheriff's office located at 315 South Ireland Street, Greensburg, Indiana.  All sales will be conducted in an open bid format.  The successful bidder must return to the Sheriff's office with guaranteed funds by 2:00 PM the day of the sale.



SEPTEMBER 9, 2014

 

231 East Washington Street, Greensburg, IN  47240
Sale #2014-43
Plaintiff- Mainsource Bank
Defendant – Lauren Schwass a/k/a Lauren E. Schwass a/k/a Lauren E. Hollin and Westlake Services, LLC
Cause-  16D01-1403-MF-000132
Judgment$48,813.73
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.  
CANCELLED!

 

 

4476 East North Road, Greensburg, IN  47240
Sale #2014-44
Plaintiff- JP Morgan Chase Bank, National Association
Defendant- Bobby L. Lyons and Shonda M. Lyons
Cause-  16D01-1403-MF-143
Judgment$59,892.98
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.   

 

719 South Michigan Avenue, Greensburg, IN 47240
Sale #2014-45
Plaintiff-  Fifth Third Mortgage Company
Defendant- Patrick K. Hayden, Melissa A. Hayden a/k/a Melissa Ann Hayden and Fifth Third Bank (Western Michigan)
Cause-  16D01-1312-MF-000615
Judgment$299,835.94
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.    

 

1784 East County Road 950 South, Westport, IN 47283
Sale #2014-46
Plaintiff- US Bank National Association as successor by merger of U.S. Bank National Association ND
Defendant- The Unknown Heirs At Law of Donald Ray Sallee, Deceased, The Unknown Heirs At Law of Rita Sallee, Deceased and the Unknown Occupant(s) of 1748 E County Rd 950 S, Westport, IN 47283 
Cause-  16D01-1207-MF-000400
Judgment$110,322.18
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.  

 

202 West Mulberry Street, Westport, IN 47283
Sale #2014-47
Plaintiff-  HIP Loans 1, LLC
Defendant- Michael D. Manlief, Sharon G. Manlief
Cause-  16D01-1309-MF-436
Judgment$183,871.61
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.  

  

3572 South County Road 180 East, Greensburg, IN  47240
Sale #2014-48
Plaintiff- Deutsche Bank Trust Company Americas as Trustee for RALI 2007QS4
Defendant- Alan Joseph Geis and Susan M. Geis, et al.
Cause-  16C01-1006-MF-215
Judgment$134,004.63
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.   

 

10537 West State Road 46, Greensburg, IN  47240
Sale #2014-49
Plaintiff- US Bank National Association
Defendant- Sahah B. Baire, Indiana Housing and Community Development Authority, Brewer Mechanical Services, LLC, John Doe, Jane Doe
Cause-  16D01-1302-MF-61
Judgment$95,857.73
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.  
CANCELLED!

 

 

 327 East First Street, Greensburg, IN  47240
Sale #2014-50
Plaintiff- Wells Fargo Bank, N.A., As Trustee for the Certificateholders of Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-WCW1
Defendant- Timothy A. Hopkins; Deborah J. Coy; Beneficial Indiana Inc. DBA Beneficial Mortgage Company
Cause-  16D01-1204-MF-245
Judgment$138,753.67
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.   

 

13432 South County Road 1050 West, Westport, IN  47283
Sale #2014-51
Plaintiff- Beneficial Financial I Inc., Successor by Merger to Beneficial Indiana Inc. d/b/a Beneficial Mortgage Co.
Defendant- Thomas L. Nugent and The CIT Group/Consumer Finance, Inc
Cause-  16D01-1402-MF-000066
Judgment$72,781.80
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.   

 

4625 South County Road 550 East, Greensburg, IN 47240
Sale #2014-52
Plaintiff- OneWest Bank, FSB
Defendant- Jules T. Miller a/k/a Jules Miller, Occupant(s) of 4625 S County Road 550 E., Greensburg, IN 47240 and United States of America through The Department of Housing and Urban Development
Cause-  16D01-1309-MF-436
Judgment$173,679.73
Date of Sale: Tuesday September 9, 2014 at 10:00 a.m.   



 

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