FAQs • Linn County, IA • CivicEngage

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Sheriff's Office - Foreclosure Sales

No, if the residence is unoccupied.

Yes, if the residence is occupied and you get permission to enter from the residents.

2. Does the Sheriff's Office have keys to the residence?: The Sheriff's Office does not have keys to any residence and cannot give permission to enter a residence.

3. How does the bidding process start?: The judgment holder almost always starts the bidding. Generally, the judgment holder bids in writing a plaintiff’s bid on judgment. This bid is usually given to the Sheriff before the day of the sale. The judgment holder’s bid, if given to the Sheriff prior to the sale, is considered a sealed bid and will not be disclosed until the sale is called.

4. How do I pay for the purchase of a Sheriff's sale?: You may “hold” your bid by writing a personal check for the full amount you bid to the Linn County Sheriff if it is accompanied by a letter of guarantee from the bank you are writing the check on. Depending on where you bank, you will be given enough time to go to your bank and get a cashier’s check for the full amount you bid and return it to the Linn County Sheriff's Office. At that time you will receive back your personal check. In any event, this transaction must be completed by noon on the day of the sale. Another possibility is; if you know the maximum you are going to bid, you may have a cashier’s check already made out to the Linn County Sheriff for that amount. If your actual bid is less than that, you will be refunded the difference.

6. What if I'm the highest bidder, but change my mind about buying the property?: Pursuant to Iowa Code 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 will then proceed as mandated by the Code of Iowa.

7. Whose name should be on the Sheriff's deed or certificate of purchase?: Contact your attorney.

8. Who is responsible for back property taxes?: Taxes stay with the property. If you purchase a property, you are now responsible for the taxes.

9. If I purchase a property with a redemption period, when will I receive the Sheriff's deed?: If you purchase property with a redemption period, you will be issued a certificate of purchase. When the redemption period is up, you may then return the original certificate of purchase to the sheriff and you will then receive a Sheriff’s deed. It is very important that you do not lose the original certificate of purchase. If you lose it, you will not receive a Sheriff’s deed until you get a court order directing the Sheriff to issue you a duplicate certificate of purchase. (Iowa Code 626.96) If you fail to have a Sheriff’s deed issued within 8 years after the date of issuance of the certificate of purchase, the Sheriff’s sale will be cancelled. (Iowa Code 626.97)

10. If I purchase a property with a redemption period, can I enter the property before the redemption period ends?: Contact your attorney.

11. What is the next step after receiving the Sheriff's deed?: Contact your attorney.

12. What if I have the Sheriff's deed, but there are people living in the residence?: Contact your attorney.