(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 Sheriff to effectively prepare for, manage and implement foreclosure sales.
(B) The Commissioners hereby establish 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. 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 General Fund at year end.
(C) The Sheriff is authorized to negotiate and execute a contract with a provider to obtain such administrative technical, clerical and related services (the “Sheriff sale services”) in order for the 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 in compliance with all applicable statutory provisions for the conduct of foreclosure sale proceedings and the Sheriff’s Sale Program. The Sheriff sale services contract shall also provide for the payment of a fee, not to exceed the amount in division (D)(2) below for each cause number scheduled in the Sheriff’s Sale Program, to the contractor for such services.
(2) The estimated costs herein 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. 32-29-7-3.
Service | Fees |
Service | Fees |
Captain’s time, one hour at $ per hour | |
Civil process time - one hour at $ per hour | |
Contractual services (SRI) per cause number | $180 |
Mileage (civil process) - miles at $ each* | |
Service fee - $ per individual served | |
Sheriff service fee** | |
Estimated local total | $120 |
*Mileage is averaged as we serve some in Plymouth; but others in Bremen, Culver and the like. | |
(E) The Sheriff is hereby authorized to charge a fee of the amount in division (D)(2) above per cause number of property in the Sheriff’s Sale Program (the “foreclosure cost fees”) and to deposit such foreclosure costs fees collected by or on behalf of the 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(j), 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 Sale Program proceeds and compliance with any reporting or record requirements as set forth by the State Board of Accounts.
(Ord. 2008-06, passed 5-5-2008; Ord. 2022-14, passed 10-17-2022)