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
- 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
- Self addressed stamped envelopes with Sheriff’s Sale return address.
- 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.