Ownership by Sheriff’s Deed

A sheriff’s deed is usually issued when a legal process results in seizure and sale of property for some reason. This is required by statute as set forth Indiana Code § 34-55-6-14:

(a) Upon the sale of real estate, by virtue of an execution, and the payment of the purchase money, the sheriff making the sale (or in case of the sheriff's death or going out of office, the sheriff's successor) or any officer authorized to discharge the duties of the office shall execute and deliver to the purchaser a deed of conveyance for the premises. (b) A deed of conveyance delivered under subsection (a) is valid and effectual to convey all the right, title, and interest of the execution debtor to the purchaser, except any right of redemption, as provided by law. Ind. Code § 34-55-6-14.

This definition sets forth what the purchaser of the property is receiving, namely “all the right, title, and interest of the execution debtor to the purchaser, except any right of redemption.” Here are a few examples of when the sheriff’s deed may show up in “real life:”

Kenneth and Kathy Clarke owned the Property until June 7, 2000, when it was sold at a sheriff's sale pursuant to a decree of foreclosure in favor of the mortgage holder, Beneficial. On September 1, 2000, a sheriff's deed was issued in favor of Beneficial…days later, Beneficial recorded the sheriff's deed with respect to the Property.^[1]

Thereafter, Spicklemire defaulted on his loan with Apex, and in September 2001, Apex filed a foreclosure action on the Site. The trial court issued a foreclosure judgment decree in April 2002. Following a sheriff's sale in September 2002, Apex obtained title, via the sheriff's deed, to the Site.^[2]

[1] Puente v. Beneficial Mortgage Co. of Indiana, No. 45A03-1304-PL-159, 2014 WL 1873704 (Ind. Ct. App. May 9, 2014)

[2] Filmcraft Labs., Inc. v. 5200 Keystone Ltd. Realty, LLC, 969 N.E.2d 632 (Ind. Ct. App. 2012).