In follow-up to my post on Monday the 27th – County Sheriff Sale Fees Increasing to $300 – it appears the actual date upon which the fee increase will apply may vary by county.  The quote below is an email to local lawyers I received from the Marion County Civil Sheriff’s Office on the matter:

We are starting to get questions regarding the increase in the User fee that was effective on July 1st.

Our Attorney reads the new law as the effective date of the increase to be when the praecipe was filed. So the User fee will increase for Marion County once we see that the praecipe date is after July 1st. Looks like increase of user fee will start with some sales in September.

We heard other counties in the state have already raised theirs. All depends on how each county interprets the new law.

Always check with county officials and websites to confirm the local process because in Indiana Sheriff’s Sales: Local Rules, Customs and Practices Control.  The fee increase is an example of this.

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Part of my practice includes representing parties in connection with 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.