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1. What is a Sheriff Sale?

It is an execution of a judicial order (Order for Sale) signed by a Judge ordering the Sheriff's Department (RCPD) to sell a foreclosed property.

2. Where are Sheriff Sales held at?

Sheriff sales are held in front of the Riley County Court House on a Tuesday or a Thursday at 10 am. A sworn police officer from Riley County will usually conduct the sale.

3. Where can I find out information on the property being sold?

Information on the property can be found in your local newspaper well in advance of the sale, also as part of open records this information can be obtained at the Riley County Court House but only if you have the defendant's name. The officer conducting the sale has no information nor can they answer any specific questions on the property being sold.

4. Can I view the property or inspect it before the sale?

No, the property is still owned legally by the occupants. You can get whatever information is available through open records either at the Riley County District court or online using Geographic Information Systems (GIS) and inputting the address.

5. What happens on the day of the Sheriff's sale?

On the day of the sheriff sale (Tuesday or Thursday) at 10 am a sworn officer from the Riley County Police Department will be present in front of the Riley County District Court House main entrance facing Poyntz Avenue. The officer will introduce themself and announce the sale by stating the case number, plaintiff and defendant, and description of property as listed on the court order. The officer will also state the terms for payment either cash, certified/cashier's check, or money order which will have to be paid to the Riley County District court on the day of the sale. The officer will then open the sale up for bidding. The first bid is normally and almost always placed by the attorney representing the bank that has the note on the property. Once this bid is made then others who are present may bid higher if they wish. The officer will close the sale once the best and highest bid has been entered.

6. What paper work is filed once the sale has concluded?

The officer that conducted the sale will escort the winning bidder (usually attorney for bank) into the court house and complete what is referred to as a Directors return on sale of property. The attorney will present the return document(s) to the officer and the officer will review it and if it's complete and accurate then he will sign it for the Director of the Riley County Police Department and hand the document back to the attorney. The attorney will then take the return and get it file stamped with the clerk of the Riley County District Court. If a private bidder tenders the highest bid then they will have to coordinate with the attorney representing the bank for return documents. The private bidder will have to make arrangements to pay the amount they bid to the clerk of the Riley County District Court. The private bidder will receive a printed receipt from the clerk reflecting the amount that was paid and the case number that matches the one on the order of sale.

7. After the sale, what happens prior to the Sheriff's (RCPD) issuing a deed for the property?

After the sale the following events occur prior to the deed being issued:

1. Return is filed with the clerk of the court.
2. The clerk of the Riley County District Court files the return of service on the Order of Sale.
3. An order confirming the sale will be generated, usually by the plaintiff's attorney and signed by a Judge. This order may contain a redemption period (usually around 90 days) but can be longer. Redemption periods rights can also be rejected upon order of the court.
4. Following the receipt of the order confirming the sale, the Sheriff (RCPD) will sign a Certificate of Purchase which states the name, the length of the redemption period if any and the amount of the winning bid. These documents will be sent to the plaintiff's attorney unless the winning bidder is a third party, in which case the Certificate of Purchase will be given to them.
5. At the end of the redemption period the attorney representing the plaintiff will send the Deed to the Sheriff (RCPD).
6. This Deed will then be signed and given/mailed to the winning bidder.

8. What happens if the property is redeemed?

If the property is redeemed there will be no deed issued for the property and the clerk of the Court will refund the money paid on the day of the sale. Remember this property is not legally owned by the winning bidder until the deed has been issued and therefore the winning bidder has no right to enter or evict the people occupying the property.