Indiana House Bill 1048 proposes to some adjustments to the sheriff’s sale process.  Here is the latest synopsis of the bill:

Allows the sheriff to conduct a public auction electronically. Prohibits certain persons and entities from purchasing a tract at a sheriff’s sale. Requires each person bidding at a sheriff’s sale to sign a statement containing a notice of the law and certain affirmations. Raises the amount that a sheriff can charge for administrative fees from $200 to $300.

Click here for the latest version of the bill.  

The bill has been in the news because it targets “slum lords,” in the words of the Indianapolis Star (article for subscribers only).  Here is a link to a free article from WFYI: Lawmakers make move to shut bad acting landlords out of online foreclosure sales. 

I’ll keep my eye on this bill and summarize the enacted version after the 2021 legislative session.

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I represent parties in connection with foreclosure cases and sheriff’s sales. If you need assistance with a similar matter, please call me at 317-639-6151 or email me at john.waller@dinsmore.com. Also, don’t forget that you can follow me on Twitter @JohnDWaller or on LinkedIn, or you can subscribe to posts via RSS or email as noted on my home page.

Photo of John D. Waller John D. Waller

John protects the interests of parties when businesses default on loans of all kinds, including; commercial real estate, loans secured by multi-family projects, senior nursing/assisted living facilities, agricultural operations and small businesses. This includes serving as an advocate during the work out of…

John protects the interests of parties when businesses default on loans of all kinds, including; commercial real estate, loans secured by multi-family projects, senior nursing/assisted living facilities, agricultural operations and small businesses. This includes serving as an advocate during the work out of underperforming loans; filing and defending lawsuits to enforce promissory notes, guaranties, and other written contracts; foreclosing mortgages and enforcing personal property security interests; applying for court-ordered receiverships; protecting lien rights in bankruptcy court; purchasing or selling distressed loans; and representing court-appointed receivers.

His practice also includes representing mortgage loan servicers and the corresponding trusts/investors in consumer finance litigation, including contested residential foreclosures, title insurance claims, regulatory violation cases, tax sale disputes, and compliance matters. John also asserts the rights of parties in complex, real estate-related and title litigation and represents companies and individuals in contract disputes.

An AV Martindale-Hubbell Peer Review Rated lawyer and partner in the Indianapolis office of the national law firm of Dinsmore & Shohl LLP, John graduated from DePauw University in 1990 and immediately entered the Indiana University School of Law. In 1993, he received his license to practice in Indiana’s state and federal courts. John later completed an intensive week-long professional training program in trial skills presented by the National Institute for Trial Advocacy. John has represented companies and individuals in a wide variety of disputes. He has tried a number of bench and jury trials, and has handled several appeals. He and his wife have three sons.