Sheriff's Deed
The deed issued by the Sheriff (or court officer) to the winning bidder at a JUDICIAL foreclosure sale.
A Sheriff's Deed (also called Marshal's Deed, Referee's Deed, or Commissioner's Deed depending on the state) is the deed issued by the Sheriff, court-appointed referee, or judicial officer to the highest bidder at a JUDICIAL foreclosure sale. It is the judicial foreclosure equivalent of the Trustee's Deed. In judicial foreclosure states, the court issues a Judgment of Foreclosure and Sale, which directs the Sheriff (or referee) to sell the property. The Sheriff conducts the sale at public auction. The winning bidder receives the Sheriff's Deed. Key differences from a Trustee's Deed: (1) a court order authorizes the sale, (2) the sale is conducted by a public official (Sheriff) rather than a private Trustee, (3) the court typically confirms the sale (court confirmation hearing to ensure the sale was fair), and (4) the Sheriff's Deed is typically issued AFTER court confirmation.
Purpose
- 1Transfer title from the foreclosed homeowner to the buyer at a judicial foreclosure sale
- 2Execute the court's Judgment of Foreclosure and Sale
- 3Provide the buyer with a court-authorized recorded instrument establishing ownership
Who Prepares It
The Sheriff, court-appointed referee, or judicial officer prepares and executes the Sheriff's Deed after court confirmation of the sale.
When It Is Used
Issued after: (1) a judicial foreclosure judgment, (2) a public auction conducted by the Sheriff, (3) court confirmation of the sale (required in most judicial states).
Legal Effect
The Sheriff's Deed transfers title. The court confirmation process provides an additional layer of legitimacy. The Sheriff's Deed may extinguish junior liens, but in some states, junior lienholders may redeem. A Sheriff's Deed may be challenged through: a motion to set aside sale, appeal of the foreclosure judgment, or a collateral attack on the judgment.
Common Mistakes
Homeowner Rights
Other Foreclosure Sale Documents
Frequently Asked Questions
How long is the redemption period after a Sheriff's Deed?▼
It varies dramatically by state. Examples: Illinois = 90 days for residential (7 months if the sale was the lender's deficiency judgment). Kentucky = 6 months. Louisiana = no post-sale redemption (redemption rights ended when the court ordered the sale). New York = no statutory post-sale redemption (the sale is final after court confirmation). Florida = right of redemption until the clerk files the certificate of sale (typically 10 days after sale). Research your state's specific redemption statute.
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