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Indiana Code

Ind. Code § 32-29-7-9 (2025)

Sheriff prohibited from purchasing real estate at sheriff's sale; default of purchaser

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 9. (a) A sheriff or an agent of the sheriff making a foreclosure sale under this chapter may not directly or indirectly purchase property sold by the sheriff or the sheriff's agent. If the purchaser of property sold on foreclosure fails to immediately pay the purchase money, the sheriff shall resell the property either on the same day without advertisement or on a subsequent day after again advertising in accordance with this chapter, as the judgment creditor directs. If the amount bid at the second sale does not equal the amount bid at the first sale, including the costs of the second sale, the first purchaser shall be liable for:

(1) the deficiency;

(2) damages not exceeding ten percent (10%); and

(3) interest and costs;

all of which may be recovered in a court of proper jurisdiction by the sheriff.

     (b) If the property is sold, the sheriff shall pay the proceeds as provided in IC 32-30-10-14. Every sale made under this chapter is made without right of redemption.

[Pre-2002 Recodification Citation: 32-8-16-5.]

As added by P.L.2-2002, SEC.14. Amended by P.L.45-2016, SEC.8.

 

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2016–2025 · leading case: Manee Edler v. Regions Bank, 60 N.E.3d 288 (Ind. Ct. App. 2016).
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Manee Edler v. Regions Bank, 60 N.E.3d 288 (Ind. Ct. App. 2016). · cites it 2× “First, Indiana Code Section 32-29-7-9(b) provides that if property is sold at a sheriffs foreclosure sale, “the sheriff shall pay the proceeds as provided in IC 32-30-10-14.”
Susan J. Sanders v. U.S. Bank Trust Nat'l Ass'n, 268 N.E.3d 803 (Ind. Ct. App. 2025). · cites it 3× “” I.C. § 32-29-7-9. Court of Appeals of Indiana | Opinion 24A-MF-1265 | August 27, 2025 Page 16 of 27 the March 2023 Order follows the general guidelines of INDIANA CODE § 32-30- 10-14.”
Gilday & Assocs., P.C. v. Marion Cnty. Assessor, 236 N.E.3d 1160 (Ind. T.C. 2024). “CODE §§ 32-29-7-9(b), -30-10-14 (2018). Indeed, foreclosure proceedings do not automatically grant the mortgagee bank rights to possess the property, nor are they entitled to retain any surplus as a windfall.”
Ind. Code § 32-29-7-9(b): 2 cases
Manee Edler v. Regions Bank, 60 N.E.3d 288 (Ind. Ct. App. 2016). “First, Indiana Code Section 32-29-7-9(b) provides that if property is sold at a sheriffs foreclosure sale, “the sheriff shall pay the proceeds as provided in IC 32-30-10-14.”
Gilday & Assocs., P.C. v. Marion Cnty. Assessor, 236 N.E.3d 1160 (Ind. T.C. 2024). “CODE §§ 32-29-7-9(b), -30-10-14 (2018). Indeed, foreclosure proceedings do not automatically grant the mortgagee bank rights to possess the property, nor are they entitled to retain any surplus as a windfall.”
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