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1. What is a sheriff's sale?

The sheriff seizes or levies upon property for the purpose of satisfying a money judgment. This is done by liquidating the asset (converting the asset into cash.) This is accomplished by a sheriff's sale, which is a public auction. The highest bidder pays his bid price to the sheriff and takes custody and ownership of the auctioned property. Learn more about high bidder purchasing.

The sheriff pays any service providers or vendors who assisted in the seizure (such as towing and storage) from the sale proceeds, deducts the various fees and expenses associated with the levy and sale from the proceeds, and applies the balance to the judgment.

Note that these types of sales are not like the public auctions held by Police Departments where the property sold is usually property recovered from a crime or simply lost but unclaimed by the true owner. The proceeds from those sales are turned over to the municipality.

2. What exactly is the high bidder purchasing?

The purchaser at a sheriff's sale is acquiring the interest of the judgment debtor in the property levied upon. For example, if the interest of the judgment debtor in a motor vehicle is subject to a lien, then that is what the bidder is buying. For real property, if the debtor's interest is governed by a joint tenancy or other deed restriction or is subject to a superior lien or encumbrance, then that is what the bidder is purchasing.

The purchaser is acquiring the judgment debtor's right, title, and interest in or to the property, whatever that may be. The sheriff does not research such things nor make opinions or assertions relative to such matters.

3. When are sheriff's sales conducted?

One difference between a sheriff's sale and police auction is that police auctions are usually held approximately once a year, and sheriff's sales are held throughout the year with no set schedule.

When the sheriff conducts a sale depends upon when he seizes property; it is not the case where the sheriff would seize property in connection with several or many cases and hold the property for one big sale. Sales are held as needed. We might have three different sales in one week and then go four months without another.