What Is a Sheriff Sale?

These are the two most common government land auctions — but they're legally distinct:

• Mortgage Foreclosure:

  The most common type. A lender goes to court to foreclose on a property when the borrower stops making payments. The sheriff sells the property to satisfy the remaining mortgage balance.

• Mechanic's Lien:

  A contractor or supplier who wasn't paid for work on a property can file a lien. If not paid, they can force a sheriff sale to collect.

• HOA Assessment Lien:

  In many states, HOA associations can place a lien on a property for unpaid dues and assessments, and eventually force a sale.

• Court Judgment:

  Any money judgment against a property owner — from a lawsuit, back taxes, unpaid child support — can in some cases be enforced against real property.

• Partition Action:

  When co-owners of a property disagree and one wants out, a court can order the property sold and proceeds divided.

1. 1
   Judgment is entered

   A court rules that the defendant owes money and that money can be collected from their real property.

2. 2
   Writ of execution issued

   The winning party gets a court order called a "writ of execution" directing the sheriff to levy — seize and sell — the defendant's property.

3. 3
   Notice published

   The sheriff is required to publish notice of the sale in a newspaper (usually for 3-4 weeks) and sometimes post the property physically.

4. 4
   Sale conducted

   The auction takes place at the county courthouse (or online in many states now). The highest bidder wins — provided the winning bid meets a minimum set by the court.

5. 5
   Sheriff's deed issued

   After the sale, the sheriff issues a deed to the winning bidder. This is typically a "sheriff's deed" — which in most states carries limited or no warranties about title quality.

6. 6
   Redemption period

   In some states, the original owner (or other lienholders) has a statutory period to redeem — buy back the property by paying the judgment plus costs and interest. If they do, the sale is reversed.

In Missouri, sheriff sales are conducted at the county level. St. Louis City and St. Louis County both run foreclosure sales through their respective Sheriff's offices. Missouri is a "deed theory" state — meaning the winning bidder at a sheriff's sale receives a deed immediately, but the redemption period (if applicable) runs concurrently with other statutory periods.

Missouri does allow redemption periods for some foreclosing lenders and some junior lienholders, but these periods are typically short (often 30-60 days for non-primary residences). An experienced real estate attorney is strongly recommended before bidding at any Missouri sheriff sale.

A sheriff's deed is NOT the same as a general warranty deed. Understand what you're buying:

• ⚠Most states: Sheriff's deed carries NO warranties about title quality — you buy what you see, or less
• ⚠You may be subject to redemption rights of the prior owner or junior lienholders
• ⚠Tenants in possession may have rights that survive the sale — even if the buyer didn't know they were there
• ⚠Junior liens (mechanics liens, HOA liens filed after the primary mortgage) may survive and become your problem
• ⚠You're usually responsible for evicting any occupants after the sale — this can take months

• Title defects:

  The sheriff can only sell what the judgment debtor owns — which may be encumbered or contested. A title search before bidding is essential.

• Occupied properties:

  Properties sold at sheriff sale often have tenants who don't leave easily. Eviction is a separate legal process you'll have to run.

• Below-market prices aren't guaranteed:

  Properties at sheriff sale sometimes trade near market value if there are multiple bidders or the court sets a high minimum bid.

• As-is condition:

  The sheriff makes no representations about the physical condition of the property. You're buying blind.

• Redemption:

  In states with redemption periods, the winning bidder may have to wait months before taking possession.

• ✓Register with the sheriff's office before the sale — requirements vary by county
• ✓Bring a cashier's check for the winning bid (usually immediately or within 24 hours)
• ✓Know the homestead exemption rules — in many states, the judgment debtor can claim a homestead exemption that reduces what the sale can recover
• ✓Research the judgment amount and any senior liens — you may be buying subject to those
• ✓Attend a few sales as an observer before bidding your first time