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

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

Sec. 9. (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.]

As added by P.L.1-1998, SEC.51. Amended by P.L.152-2021, SEC.36.