Indiana § 34-55-6-9 Real estate; notice and requirements for sale

Indiana Statutes

§ 34-55-6-9 — Real estate; notice and requirements for sale

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 55 EXECUTION OF JUDGMENTS·Ch. 6 Sale of Property on Execution

(a)A sale of real estate, on execution, shall be advertised by the sheriff for at least twenty (20) days successively, next before the day of sale, by:

(1)posting written or printed notices of the sale in three (3) public places in the township in which the real estate is located;

(2)posting a like advertisement at the door of the courthouse of the county; and

(3)advertising the sale for three (3) weeks successively:

(A)with each publication of notice in a newspaper:

(i)of general circulation;

(ii)printed in the English language; and

(iii)published in the county where the real estate is located; or

(B)with the first publication of notice one (1) time in a newspaper described in clause (A) and all successive publications of notice:

(i)in accordance with IC 5-3-5; and

(ii)on the o

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(a) A sale of real estate, on execution, shall be
advertised by the sheriff for at least twenty (20) days successively, next
before the day of sale, by:
(1) posting written or printed notices of the sale in three (3) public
places in the township in which the real estate is located;
(2) posting a like advertisement at the door of the courthouse of
the county; and
(3) advertising the sale for three (3) weeks successively:
(A) with each publication of notice in a newspaper:
(i) of general circulation;
(ii) printed in the English language; and
(iii) published in the county where the real estate is located;
or
(B) with the first publication of notice one (1) time in a
newspaper described in clause (A) and all successive
publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of each county where the real
estate is located.
(b) However, if the sheriff is not able to procure the publication of
the notice in a newspaper of general circulation, published within the
sheriff's county, the sheriff may dispense with the publication of the
notice or publish the notice on the official web site of each county
where the real estate is located for three (3) weeks successively. The
land may be sold without the required publication, but the sheriff shall,
in the sheriff's return of the writ, state the sheriff's inability to procure
the publication of notice in the newspaper. The return has the same
effect in evidence as the official returns of sheriffs in other cases.
(c) In a notice under this section, the sheriff must include the
following:
(1) A statement of the date, time, and place of the sale.
(2) A description of the location of the property that includes, for
informational purposes only, the location of each property by
street address, if any, or other common description of the property
other than legal description. However, a misstatement in the
informational statement under this subdivision does not invalidate
an otherwise valid sale.
[Pre-1998 Recodification Citation: 34-1-39-5.]

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