Also known as:sheriff's sale · sheriffs sale · sheriff sale · judicial sale · execution sale
Written by attorneys · grounded in primary & secondary sources — see below
An auction sale of property conducted by the sheriff under a writ of execution to satisfy a judgment after public notice.
Sources & Authorities
How it applies
Common Examples
3
Partition Sale of Farmland
Steven Silva and Sabrina Shah inherited undivided interests in a rural parcel that zoning rules rendered impossible to divide physically. When they could not agree on use, a judgment creditor obtained a writ of execution. The sheriff conducted the auction, sold the land to a third party, and divided the proceeds between the former co-tenants.
Execution on Life Estate
Sylvia Santos held a life estate in a commercial building that produced little income. A judgment creditor obtained a writ of execution. The sheriff levied on the property and sold it at public auction, applying the proceeds to the debt while accounting for the limited duration of the interest sold.
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Cases
Statutes
Uniform Acts
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Dictionaries
Baker v. Weedon262 So. 2d 641
Mortgage Foreclosure Auction
Summit Bank held a judgment against the owners of a family home after they defaulted during an economic downturn. The court authorized execution. The sheriff sold the property at a public auction to the highest bidder and applied the proceeds to the outstanding judgment balance.
Home Building & Loan Association v. Blaisdell290 U.S. 398, 54 S.Ct. 231, 78 L.Ed. 413 (1934)
Common questions
Frequently Asked
5
What triggers a sheriff's sale?+
A sheriff's sale occurs after a creditor obtains a judgment and secures a writ of execution directing the sheriff to seize and sell the debtor's property.
Supporting sources
How does a sheriff's sale differ from a foreclosure sale?+
A sheriff's sale enforces a money judgment through execution on any nonexempt property. A foreclosure sale specifically enforces a mortgage lien against the encumbered real estate.
Supporting sources
Can a debtor redeem property after a sheriff's sale?+
Redemption rights depend on state law and the nature of the underlying lien. Some statutes allow a post-sale redemption period before the sale becomes final.
What notice is required before a sheriff's sale?+
State statutes typically require public notice of the sale for a prescribed period so that potential bidders may participate and the debtor may arrange payment.
Supporting sources
Does a sheriff's sale extinguish junior liens?+
The sale generally extinguishes liens junior to the one being enforced, with proceeds distributed according to priority after the senior lien is satisfied.
262 So. 2d 641Property
…section 53 (2d ed. 1966), states: By the weight of authority, it is held that a court of equity has the power to order a judicial sale of land affected with a future interest and an investment of the proceeds, where this is necessary for the preservation of all interests in the land. When the power is exercised, the…