(A) The Sheriff’s Sale Program is approved and established to provide the procedure for the Sheriff to contract for those administrative, technical, clerical, and related services that are reasonable and appropriate for the County Sheriff to effectively prepare for, manage, and implement foreclosure sales.
(B) (1) The Board of Commissioners hereby establishes a Fund to be titled the “Sheriff’s Sale Fund,” into which all collections of foreclosure costs fees, as hereafter defined, shall be deposited, and from which the appropriate expenses of the Sheriff’s Sale Program shall be appropriated and paid.
(2) The Sheriff’s Sale Fund shall be a non-reverting fund to be used only for the purposes set forth herein and shall not revert to the county’s General Fund at year end.
(C) The County Sheriff is authorized to negotiate and execute a contract with a provider to obtain such administrative, technical, clerical, and related services (the “Sheriff’s Sale Services”) in order for the County Sheriff to conduct the Sheriff’s Sale Program.
(D) (1) The Sheriff’s Sale Services contract shall provide for the delivery of such services by a contractor (the “contractor”) in compliance with all applicable statutory provisions for the conduct of foreclosure sale proceedings and the Sheriff’s Sale Program.
(2) The Sheriff’s Sale Services contract shall also provide for the payment of a fee to the contractor for such services, not to exceed the amount in division (H) below for each case number scheduled in the Sheriff’s Sale Program.
(E) The Sheriff is hereby authorized to charge a fee of the amount in division (H) below per case number of property in the Sheriff’s Sale Program (the foreclosure costs fees), and to deposit such foreclosure costs fees collected by, or on behalf of, the County Sheriff in the Sheriff’s Sale Fund.
(F) The foreclosure costs fee shall be payable at the time of filing the praecipe under I.C. 32-29-7-3(h), which shall be a charge for the Sheriff’s Sale in addition to other statutory costs and fees.
(G) The Sheriff’s Sale Program contract shall provide for a complete and accurate accounting of all Sheriff’s Sale Program proceeds and compliance with any reporting or record requirements as set forth by the State Board of Accounts.
(H) The estimated costs below are estimates of the County Sheriff for the administration of foreclosure sales as required by I.C. 32-29-7. The fees are authorized by I.C. 32-29-7-3stateRef:
(1) Contractual Services: $200 per case number;
(2) Employee time defined;
(3) Employee cost per, definition in division (H)(2) above; and
(4) Other defined costs (e.g., service of notice, costs of paper, envelopers, and phone calls).
(Ord. 2009-X, passed - -)