Only Property Described on Notice of Sheriff's Sale May Be Sold at Sheriff's Sale
Sheriff's Sale
October 31, 2011
In Surrisi v. Bremner, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 50A04-1102-MF-83, a loan was secured by a lien on business property and a mortgage on some real property. The debtor defaulted and the parties entered into an agreed judgment that the real and personal property be sold at a sheriff's sale. However, the notice of sheriff's sale only indicated that the real property would be sold. At the sale, both the real and personal property was sold and the trial court upheld the sale.
On appeal, the Court held that the sale of the personal property was invalid because the notice did not indicate that the personal property would be sold at this sheriff's sale and remanded the case, so that the trial court could calculate the amount of compensation due to the debtors for the sale of their personal property.
Lesson:
In Surrisi v. Bremner, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 50A04-1102-MF-83, a loan was secured by a lien on business property and a mortgage on some real property. The debtor defaulted and the parties entered into an agreed judgment that the real and personal property be sold at a sheriff's sale. However, the notice of sheriff's sale only indicated that the real property would be sold. At the sale, both the real and personal property was sold and the trial court upheld the sale.
On appeal, the Court held that the sale of the personal property was invalid because the notice did not indicate that the personal property would be sold at this sheriff's sale and remanded the case, so that the trial court could calculate the amount of compensation due to the debtors for the sale of their personal property.
Lesson:
- Make sure your notice of sheriff's sale describes all property being sold; that fact that unnoticed property could have been sold at the sale will not excuse a defective notice.
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