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Sheriff's Office - Administration

543 2nd Street • Columbus, IN 47201
Phone 812-379-1650 • Fax 812-379-1651

Sheriff's Sale: Important Information Regarding Deeds

From: Barbara J. Hackman, Auditor
Date: 1/5/09
Re: Deeds for Sheriff Sales

We have been encountering problems with the Sheriff Sale Deeds we have received. In an effort to save time and confusion as well as to clear up these difficulties, please use the following information as a guideline for what we can and can not accept.

The problems we have encountered are with the “owner of record”. In the body of the deed, it usually states that so and so were plaintiff’s and that X were the defendants. For purposes of transfer in our office and recording in the Recorder’s Office, X must be ONLY the names shown on the Auditor’s Property Ownership Cards at the time of the sale. Most of these deeds have listed X and then gone on to list banking institutions and other various names. While we understand that these other names may be defendants in the eyes of the court, they are NOT owners of record and thus can not be listed as such. There are two possible solutions to this problem. We can accept these documents if the additional defendants are listed in a separate sentence OR if the words “owner(s) of record” are included next to the owners names. Please see the attached sheet for an example and possible solutions. If you have any further questions, please feel free to contact us at 379-1510.

Thank you,

Barbara J. Hackman
Auditor, Bartholomew County

Problem:
This indenture witnesseth, that Mark Gorbett, as Sheriff of Bartholomew County, State of Indiana, conveys to Huge Bank of Columbus, in consideration of the sum of Two Million Dollars ($2,000,000.00), the receipt of which is hereby acknowledged, on sale made by virtue of a decree judgment, issued from the Superior Court of Bartholomew County, in the State of Indiana, pursuant to the laws of said State on the 3rd day of February, 2004, in Cause No. 11D11-1111-AB-1111, where in Huge Bank of Columbus was Plaintiff, and Joe Smith, My Mortgage of Any Town, Old Bank of Any Where and Great Aunt Thelma were Defendants, in consideration of said sum aforesaid, the following described real estate in Bartholomew County,...


Possible Solution 1:
This indenture witnesseth, that Mark Gorbett, as Sheriff of Bartholomew County, State of Indiana, conveys to Huge Bank of Columbus, in consideration of the sum of Two Million Dollars ($2,000,000.00), the receipt of which is hereby acknowledged, on sale made by virtue of a decree judgment, issued from the Superior Court of Bartholomew County, in the State of Indiana, pursuant to the laws of said State on the 3rd day of February, 2004, in Cause No. 11D11-1111-AB-1111, where in Huge Bank of Columbus was Plaintiff, and Joe Smith was defendant in consideration of said sum aforesaid, the following described real estate in Bartholomew County,....
....Other defendants were My Mortgage of Any Town, Old Bank of Any Where and Great Aunt Thelma...


Possible Solution 2:
This indenture witnesseth, that Mark Gorbett, as Sheriff of Bartholomew County, State of Indiana, conveys to Huge Bank of Columbus, in consideration of the sum of Two Million Dollars ($2,000,000.00), the receipt of which is hereby acknowledged, on sale made by virtue of a decree judgment, issued from the Superior Court of Bartholomew County, in the State of Indiana, pursuant to the laws of said State on the 3rd day of February, 2004, in Cause No. 11D11-1111-AB-1111, where in Huge Bank of Columbus was Plaintiff, and Joe Smith (owner of record), My Mortgage of Any Town, Old Bank of Any Where and Great Aunt Thelma were Defendants, in consideration of said sum aforesaid, the following described real estate in Bartholomew County,...


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