Auctions and sales by The Sheriff

Sheriff Sales FAQs

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FAQS - Sheriff Sales

Get answers to the most frequently asked questions on Sheriff Sales.

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Are the appraisals accurate?

The Sheriff’s Office and its appraisers never have access to the property. They will drive by the property and view the exterior to the best of their ability. The appraisal will be based on physical appearance and comparable properties in the area. Properties are sold “As Is.”

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Can I enter the property before I bid?

No, the Sheriff constructively seizes the property and purchasers do not have the right to inspect real estate before the sale.

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Can I operate the movable before I bid?

No vehicle may be started prior to the auction. Each movable is sold "As Is Where Is" and all sales are final with no exchanges or refunds. At the discretion of the Keeper (towing company), prospective bidders may lift the hood and check the mileage at the storage location before the auction. The storage location of each movable is available on this website.

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Does the Sheriff guarantee a clear title to the property?

No, the Sheriff does not warrant title to the property, nor the accuracy of the mortgage certificate prepared by the Clerk of Court. All properties are sold subject to any security interest, mortgage, lien or privilege thereon superior to that of the seizing creditor, active or prescribed. Further, all property is sold "as is." The mortgage certificate may be examined the morning of the sale at the sheriff’s office and it is available for download at any time on this website. Additionally, if the property is sold subject to any liens and/or mortgages, that lien may follow the property and could become the buyer’s responsibility. The Sheriff’s Office will not research or obtain a payoff or any superior lien. It is the buyer’s responsibility to research the lien and obtain legal counsel if needed. Additionally, if the property is subject to an IRS lien, even if their lien is filed after the seizing creditor, the IRS can rescind the sale up to 120 days after the sale date. The Department of Housing & Urban Development (HUD) can rescind the sale up to 1 year after the sale date. In this event, the IRS or HUD will refund the purchase price.

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How do I bid?

No, registration is needed to attend or bid at the Sheriff’s Sale. The Sheriff’s Sale is a public auction. You will need to state your bid in a clear and audible voice. You can bid in any increment but you must state your bid in the full dollar amount. If you sit in the back, please project your voice so that your bid can be heard. Once WPSO announces “sold” and the gavel hits the podium, the sale is final.

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How many days does it take before a foreclosed property goes to auction?

The initial sheriff's sale date shall not be scheduled any earlier than sixty days after the date of the signed court order commanding the issuance of the writ. During this time the foreclosure may be stopped for reasons such as bankruptcy or payment of the balance owed. The status of sales can be located on this website.

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If the property is occupied, how do I evict the occupants after the sale?

A buyer cannot force the occupants to vacate a property without completing an eviction through the Justice of the Peace, a City Court, or the 22nd Judicial District Court. Your recorded Sheriff’s Deed will be required to begin the eviction process with the22nd JDC. The Clerk of Court and Sheriff’s Office will require separate deposits. Once a Writ of Possession is received by the Sheriff’s Office, we will serve a 5 day Eviction Notice to the occupants. The five day period begins the day after service and does not include weekends or legal holidays. On the5th day it is the buyer’s responsibility to notify WPSO if the occupants have not vacated. The Sheriff’s Office will schedule an eviction. A deputy will meet you at the property to keep the peace. You are responsible for all cost associated with said eviction including, but not limited to, having the locks changed and removing all property from the premises and placing all property on the parish servitude (the curb.)

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Must I bring the entire cash amount to the auction?

Immovable Sale- The terms of the sale are listed in the advertisement for each property in the Era Leader newspaper and on this website. Upon successfully bidding on the property, the successful bidder must immediately provide the Sheriff with the name, address and phone number of the bidder. Payment is due and payable as stated in the advertisement under the terms of sale. In most cases ten (10%) of the purchase price must be paid with cash or certified funds following the sale. Final payment being paid within thirty (30) days with certified funds. With some properties, the entire purchase price must be paid with certified funds immediately following the sale. In this event, it will be specified in the advertisement prior to the auction.

Movable Sale- Upon successfully bidding on a movable, the bidder must immediately provide the Sheriff with the name, address, and phone number of the bidder. The Sheriff’s Office recommends paying the total amount of the sale either in cash, money order, or certified check immediately to avoid additional storage charges. The buyer is responsible for storage accrued after the day of the sale. The Sheriff’s Office will not release the movable until all payments have been made and the buyer is responsible for the additional storage. With some properties, the entire amount must be paid in cash and/or certified funds. In this event, it will be specified in the advertisement prior to the auction.

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What are movables?

Movables consist of property that can be moved, such as personal goods. Almost anything that is not Real Estate is considered a movable or chattel. Examples include, but are not limited to, the following: automobiles, airplanes, construction equipment, boats, furniture, jewelry, business inventories, art work and musical instruments.

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What are the usual costs of foreclosure?

Immovable cost include, but are not limited to, the following: advertising, appraisals, mortgage certificates, Ad Valorum taxes owed to Washington Parish within 3 years prior to the date of the sale, deed, filing fees and a three percent (3%) commission on the sale price. A successful bidder pays only the amount of his or her bid.

However, the Washington Parish Sheriff’s Office cannot and does not collect and/or prorate property taxes due for the year in which the sale is held. The buyer will be responsible for payment of property taxes for the entire year. Additionally, if the property is sold subject to any liens and/or mortgages, that lien may follow the property and could become the buyer’s responsibility. The IRS can rescind the sale up to 120 days after the sale date. The Department of Housing & Urban Development (HUD) can rescind the sale up to 1 year after the sale date. In this event, the IRS and/or HUD will refund the purchase price.

Movable costs include, but are not limited to, the following: advertising, appraisal (if required), certificates, docket fee, locksmith, towing and storage. The Sheriff's commission is six percent (6%) of either the sales price or the amount collected by the creditor if the sale is stopped.

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What does it mean when a property is sold with appraisal?

Under Louisiana State Law, both the plaintiff (the creditor) and the defendant (the debtor) have the right to appoint an appraiser to value the property which is being foreclosed upon. If that right was not previously waived by the defendant. Each party who names an appraiser shall deliver the appraisal to the Sheriff’s Office at least five days prior to the time of the sale, exclusive of holidays. If the parties do not appoint an appraiser, the Sheriff’s Office will appoint an appraiser on the party’s behalf. Appraisals are posted on the website as soon as they are received. If the appraised values are not within 90% of each other, the Sheriff will appoint a referee appraisal, and the minimum bid is calculated using this appraisal.

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What is a Writ Amount?

The Writ Value generally means the principle amount owed to the Plaintiff/Creditor. It may not include additional costs such as interest, attorney's fees, court costs etc.

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What is the minimum opening bid?

There are two categories for the minimum opening bid:

1. When the sale is with appraisal the bid must open at two thirds (2/3) of the appraisal. If 2/3 of the appraisal results in an opening bid insufficient to cover the costs then the opening bid will be raised to reflect those expenses.

2. When the sale is without appraisal the bid must cover all cost associated with the sale. Usually this is a relatively low amount between two and five thousand dollars.

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When and where is the auction held?

Sheriff Sales are held on Wednesday’s at 10:00 AM in the lobby of the Sheriff's Office located at 1002 Main Street, Franklinton, LA 70438. Each property and its auction date are advertised in the Era Leader, the official newspaper of record. Immovable property (Real Estate) is advertised thirty (30) days before the auction and again one week before the sale. Movable Property is advertised once; two weeks before its auction takes place. Upcoming list of both movable and immovable properties are available on this website.

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When must I pay the balance due?

The balance must be paid within thirty (30) days after the sale unless the terms of the sale require the full purchase price at the time of the successful bid. Failure to meet this deadline may result in the property being reset for a second auction. Should the second auction result in a lower sales price, the first bidder may lose all or part of his deposit and may be sued to recover the difference between the two bids. The original buyer is prohibited from bidding at the second sale. All sales are final.

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When will I receive the property deed?

The Sheriff’s Office will prepare your deed and send it to the Clerk of Court for recording within fifteen (15) days after the balance of the purchase price is paid in full. Payment of the balance by certified funds immediately following the sale results in delivery of the deed sooner.

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Where can I locate the movable items for sale?

Storage locations are advertised is the Era Leader newspaper along with the full description of the items, ten (10) days prior to the sheriff sale. A list of Movable Property for auction is available on this website.

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