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Sheriff Sales

A sheriff sale is an auction sale of property held by the sheriff pursuant to a writ (court order) of execution (to seize and sell the property) to satisfy (pay) a judgment, after notice to the public.

Documents Needed to Initiate Sheriff’s Sale of Real Property

  • Copy of Filed/Signed document of Order and Decree of Foreclosure
  • Copy of recorded Lis Pendens: 38-35-110
  • Copy of Combined Notice of Sale and Right to Cure/Redeem: 38-38-103(5)(b)
  • Statement of Homestead Exemption: 38-41-206
  • Certificate of Mailing for Sheriff’s Sales: 38-38-103(b)(3)
  • Copy of Certificate of Purchase: 38-38-401
  • Copy of Deed: 38-38-503
  • Copy of Original Proof of Publication: (Send a copy to the Sheriff's Office after you receive it from Eagle Valley Enterprise)
  • Copy of Report & Return
  • Copy of Bid Letter: 38-38-106
  • Statutes
  • Self addressed stamped envelopes with Sheriff’s Sale return address

Documents Needed to Initiate Sheriff’s Sale of Writ of Execution

  • The Writ of Execution (must be within 90 days signed by court): 13-52-111
  • Sheriff’s Indemnity Bond (2x) the amount of the Judgment
  • Certificate of Levy: 13-56-101
  • Notice of Levy or Seizure.
  • Combined Notice of Sale and Right to Cure/Redeem (Sheriff’s Office will call plaintiff when to obtain a copy): 38-38-103(5)(b)
  • Obtain Mailing List and Combined Notice of Sale and Notice of Sale and Notice of right to Cure or Redeem: 38-38-103(b)(3)
  • Letter from attorney’s office indicating property is not a homestead or if it is a homestead exemption: 38-41-206
  • Copy of bid letter: 38-38-106
  • Statues
  • Self addressed stamped envelopes with Sheriff’s Sale return address.

Sheriff’s Fees

  • Sheriff’s fee for starting Sheriff’s Sale: $75, 30-1-104 (x)(y)
  • To record Certificate of Levy ($30) 30-1-104
  • To process Publication ($30) 30-1-104
  • To record Sheriff’s Deed ($40) 30-1-104
  • To record other documents: 30-1-104
  • Conducting the Sale: 30-1-104 (x)
  • Non Sale: 30-1-104 (x)

Eagle County Clerk & Recorder Fees

First page $11, every page thereafter will be $5 each (additional). First plaintiff and defendant are free with any extra name listed as plaintiff or defendant costing an additional $5 per name.