Forms

Service of Civil Papers Directions to Sheriff
Writ of Removal Process
Writ of Removal and Possession Directions to Sheriff

General Information

1. Forfeiture auctions are held on a weekly basis at 10:00 A.M. at Polk County River Place, 2309 Euclid Avenue, Des Moines, Iowa. Please check designated sale dates to determine which day it will be held that week.
   
   
2. Most of these sales are for mortgage foreclosures, which means that the debtor is in arrears on the mortgage. The sale may be a foreclosure of a second mortgage rather than a first mortgage, which will leave the first mortgage still in place. There also may be stipulations in the foreclosure decree that have special provisions for certain debts. (Such as, “This foreclosure does not include the debt owed to John Jones.”)
   
   
3. Sales are held as an auction type and will be sold to the highest bidder. The mortgage company is entitled to bid ahead of time what is due them, including attorney fees, court costs and Sheriff’s fees. The mortgage company’s bid is not disclosed until the time of the sale. The foreclosing bank’s bid will be the opening bid. If no one else bids, the property will be sold to the bank for their bid. Whoever has the highest bid, over the bank’s bid will be the purchaser.
   
   
4. If a private party wishes to bid, they must have a letter of credit at the time of the sale. They must return within two hours with the total amount of their bid, in cash or certified check made out to the Polk County Sheriff.
   
   
5. NEW PURCHASERS: For those persons who have not developed a purchasing history with our office, if you are the successful bidder, you must deposit with the Sheriff $100.00 in cash. When you return with the full amount of your bid, the cash will be returned to you. If you do not return with the bid amount, the Plaintiff has the option to sue you for the amount of your bid. The $100.00 deposit will not be refunded and will be used for costs of the resale.
   
   
6. If a foreclosure sale does not have a redemption period, a deed is issued within a few days. If the foreclosure sale does have a redemption period, a Certificate of Purchase is issued and may be turned in at the end of the redemption period (providing the property has not been redeemed) along with $30.25 to the Sheriff’s Office for issuance of a Sheriff’s Deed.
   
   
7. The Sheriff’s Office cannot guarantee clear title to the property. These properties are sold CAVEAT EMPTOR, which means “buyer beware.”
   
   
8. Each property should be researched before bidding, such as a title search, ascertaining if there is any unpaid taxes or special assessments, etc. You may want to also check to be sure that all persons who have judgments against the debtor have been listed in the foreclosure decree. If they have not, the judgment not listed will still be in place on the house after the sale. As with any real property purchase, it is advisable to have an attorney who is knowledgeable in real estate matters check into the property.
   
   
9. At the time of the sale, we sell the property by reading the legal description. We do not sell by address. Therefore, if the address on our listing on the web site (as provided to us by the attorney) is not correct, we are not responsible.
   
   
10. All foreclosures are published in the The Des Moines Register on Wednesdays. The publication includes the Case number; Plaintiff, Defendants, and all persons holding judgments (if listed in the decree); the legal description of the property being sold; the date, time and place of the sale; and the Plaintiff attorney’s name and address.

Forfeiture auctions are held on a weekly basis at 10:00 A.M. at Polk County River Place, 2309 Euclid Avenue, Des Moines, Iowa. Please check designated sale dates to determine which day it will be held that week.