This is the most common type of foreclosure action. It is usually based upon some default in the terms of the mortgage.
The attorney hired to conduct the foreclosure will prepare the appropriate Notice of Mortgage Foreclosure Sale, arrange for the service and publication of the notice and have the Sheriff’s Office conduct the sale.
Some attorneys utilize the Sheriff’s Office to serve the notices while others only notify the Sheriff’s Office of the sale. Since attorneys often do not involve the Sheriff’s Office until the day of the sale, information may not be available if you call the Civil Unit.
Any questions regarding a sale or arrangements to reinstate a mortgage should be directed to the attorney preparing the sale. Their telephone number is usually published with the Notice of Sale.
Mortgage Foreclosure by Action
These sales are conducted pursuant to a direct Order from a District Court Judge for the Sheriff to sell a specific parcel of real property.
The notices are prepared by the plaintiff’s attorney, similar to the Mortgage Foreclosure by Advertisement, or may be prepared by the Sheriff. However, the Sheriff or a deputy will sign the Notice of Sale. Service of the Notice of Sale is usually done by the Sheriff’s Office.
The Scott County Sheriff’s Office does not provide a list of mortgage foreclosure sales. They are posted in local Scott County newspapers. Sheriff’s sales by Judgment Decree are posted in 3 public places. If you would like to view past sales, visit Scott County Land Records.