Sheriff sales spike in recent years

In the past two years, more than 50 homes and properties have gone up for auction as sheriff sales.

That's a lot for Plymouth County, according to Elizabeth Brent, the county sheriff's assistant. Foreclosures are on the rise in the area.

"When I first started (in 2001) we didn't have 10 in one year," Brent said.

"The first couple of years we didn't have very many, but in 2006 we really saw the increase," Brent said. "They just kept coming in and coming in and coming in."

Twenty-five properties went to sheriff sales in 2007 and 27 in 2008, she said.

Sheriff sales happen when a person fails to pay mortgage payments.

The bank or organization those payments are going to can file a suit, causing the court to order seizure and sale of the property.

When a sheriff sale occurs, first the time and date is set by notice in the newspaper and also posted publicly in town.

The names of the parties involved are listed along with a legal description of the property and the total amount projected for sale, plus interest and back taxes.

When that set time comes, Sheriff Mike Van Otterloo hosts the sheriff sale on the front steps of the Plymouth County Sheriff's office, a public location.

"First we usually have a sealed bid from the mortgage holder," Van Otterloo said.

After that is read aloud, others can offer bids on the property.

Most properties, Brent said, are bought back by the original mortgage holder.

The sheriff will also reject any bids he deems "grossly inadequate" -- usually if it's under 33 percent of the value. Then the sale is rescheduled.

But if there is a good bid, the property is sold on the spot -- fully paid by cash or cashier's check only -- and a sheriff's deed is issued.

The buyer immediately takes possession but can't get an official title until he or she takes care of any liens on the property -- like unpaid back taxes.

The sheriff takes the money from the sale and turns it over to the clerk of courts.

"It's distributed by the clerk in the manner it needs to be," Van Otterloo said.

He noted that possible buyers don't have the right to check out the property before the sale.

That legality, Brent said, tends to limit buyers.

"Unless you know a lot about a house it's hard to buy it on a sheriff's sale," she said.