A sheriff sale is usually the last step in a foreclosure process, which means that the debtor is in arrears on the mortgage. A sale is necessary in order for the property to be returned to the mortgage holder.
In the case of a three day postponement of sale, Saturdays, Sundays and holidays are included in the three day postponement.
Notice of Sheriff’s Levy and Sale are posted in the lower level of the Courthouse, in the Davenport Public Library (downtown location) and at Davenport City Hall. The information on these forms is public information and may be duplicated at the Sheriff’s Office for a fee of $.50 per copy.
The Sheriffs Notice of Levy and Sale are available in the North Scott Press Newspaper.
The Scott County web site address is www.scottcountyiowa.gov. For sheriff sale information go to Sheriff’s Office then to Sheriff’s Sales. Properties in the foreclosure process are listed by date of sale and address. Additional questions may be directed to the Scott County Sheriffs Office at 563-326-8625 or to your attorney.
Each property should be researched before bidding, such as a title search, ascertaining if there is any unpaid taxes or special assessments, etc. You may want to also check to be sure that all persons who have judgments against the debtor have been listed in the foreclosure decree. If they have not, the judgment not listed will still be in place on the house after the sale. As with any real estate property purchase, it is advisable to have an attorney who is knowledgeable in real estate matters check into the property. Additional Information may be obtained from the Scott County Treasurer, Clerk of Court and any utility company.
The property is not available to be viewed. The Sheriff’s office does not have keys to the residence and cannot give you permission to enter the residence. If the property is vacant, interested parties may look in windows of the property. If the property is occupied viewing may be possible with resident’s permission.
All sheriff sales are scheduled for Tuesdays at 11:30 A.M. located just past the security entrance across from the jail entrance.
Sales are held as an auction and will be sold to the highest bidder. The mortgage company is entitled to the opening bid and comes to the Sheriff’s Office as a sealed bid. If no one else bids, the property will be sold to the bank for their bid. Whoever has the highest bid, over the bank’s bid will be the purchaser. Interested parties may bid $1.00 over the starting bid.
The Sheriff’s office cannot guarantee clear title to the property. These properties are sold CAVEAT EMPTOR, Which means “buyer beware”.
Prospective bidders of a property must submit a letter of guarantee from their financial institution stating the bidder’s name, address, dollar amount being guaranteed and the start and end date the letter is valid (see sample letter in attachments).
Payment in full must be received by 3 p.m. the same day of the sale in the form of a cashier’s check.
If you are the highest bidder and change your mind about buying the property, pursuant to the Code of Iowa, 626.85, the judgment holder may proceed against you for the amount you bid. If the judgment holder does not wish to proceed against you, the sale will be treated as a nullity and the Sheriff’s Office will then proceed as mandated by the Code of Iowa.
If a foreclosure sale does not have a redemption period, a deed is issued to the new owner. If the foreclosure sale does have a redemption period, a Certificate of Purchase is issued. At the end of the redemption period, the original Certificate of Purchase must be surrendered to the Sheriff’s Office and a deed will be issued. There is a fee for this process. During the redemption period the defendants have that amount of time to purchase the property back after the sale (redemption).
The buyer may have to go through the eviction process to remove tenants.