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Frequently
Asked Questions
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Gun Permits
What does a person
need to get a Permit to Acquire a Handgun?
What does a person need to get a Permit to
Carry a Concealed Weapon (Non-Professional or Professional)?
Does an individual need to register their
handguns in the state of Iowa?
Sheriff’s Foreclosure Sales
THE FOLLOWING
INFORMATION IS NOT TO BE CONSIDERED
LEGAL ADVICE AND IS NOT INTENDED TO REPLACE AN ATTORNEY
As Sheriff’s Sales are buyer beware, it is
highly recommended you contact an attorney before purchasing at a
Sheriff’s Sale as you may not be purchasing what you think you are.
The Harrison County Sheriff's Office cannot give legal advice.
Do I have to pay the
full amount of my bid the day I purchase?
Can I enter the residence I plan to purchase?
Does the Sheriff’s Office have keys to the residence?
How do I pay for a purchase at a Sheriff’s Sale?
What happens if I am the highest bidder and change
my mind about buying the property?
How does the bidding start?
If I purchase at a Sheriff’s Sale, who is responsible for
back property taxes?
What does redemption period mean?
If I purchase and there is a redemption period,
when do I get a Sheriff’s Deed?
If I purchase and there is a redemption period,
can I enter the property before the redemption period is up?
When I get a Sheriff’s Deed, what do I do next?
If I get a Sheriff’s Deed and there are people living
there, how do I get them out? Do I have to go through the eviction
process?
What is the difference between a Special
Execution and a General Execution?
If I purchase at a Sheriff’s Sale, what name(s) and how
should I have them typed on the Sheriff’s Deed or Certificate of Purchase?
Can the Sheriff’s Office recommend an attorney?
If I purchase property at a Sheriff's Sale, do I get
clear title?
Gun Permit
Questions |
Q:
What does a person need to get a Permit to
Acquire a Handgun?
A: You
will need the following:
NOTE: Any person who
has been convicted of a felony or domestic violence (or misdemeanor crime
resulting from domestic violence) WILL NOT be issued a Permit to Acquire.
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Q:
What does a
person need to get a Permit to Carry a Concealed Weapon (Non-Professional
or Professional)?
A: You will need the
following:
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Valid ID issued from the Iowa Department of
Transportation with a current address
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Completed application
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Justification approved by the Harrison
County Sheriff
(NOTE: Harrison County does not issue permits for
self-protection.)
Completing the above tasks will enroll an
individual to attend a weapons class. After successful complete of
the class, the individual must then pay for the permit, which is an
additional $10.00 cash charge. The cost to renew the permit each year
thereafter is $5.00 cash.
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Q:
Does an individual need to
register their handguns in the state of Iowa?
A:
No. Keep the paperwork (bill of sale) if you buy/sell from an
individual.
Foreclosure Sale Questions |
Q:
Do I have to pay the full amount of my bid
the day I purchase?
A: Yes.
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Q: Can
I enter the residence I plan to purchase?
A: No, if the
residence is unoccupied.
Yes, if the residence is occupied and you get permission to enter
from the residents.
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Q: Does
the Sheriff’s Office have keys to the residence?
A: No and the
Sheriff’s Office cannot give permission for you to enter a residence.
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Q: How
do I pay for a purchase at a Sheriff’s Sale?
A: You may
“hold” your bid by writing a personal check to the Harrison County Sheriff
for the full amount you bid if your check is accompanied by a Letter of
Guarantee from the bank on which you are writing the check.
Depending on where you bank, you will be given enough time to go to your
bank and get a cashier’s check for the full amount you bid and return it
to the Harrison County Sheriff's Office. At that time you will
receive back your personal check. In any event, this transaction
must be completed by the time arranged of the day of the sale.
Another possibility is if you know the
maximum you are going to bid, you may have a cashier’s check for that
amount already made payable to the Harrison County Sheriff. If your
actual bid is less than that, you will be refunded the difference.
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Q: What
happens if I am the highest bidder and change my mind about buying the
property?
A: Pursuant
to the Code of Iowa, 626.85, the judgment holder may proceed against you
for the amount you bid. If the judgment holder does not wish to
proceed against you, the sale will be treated as a nullity and the
Sheriff’s Office will then proceed as mandated by the Code of Iowa.
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Q:
How does the bidding start?
A: The
judgment holder almost always starts the bidding. Generally, the
judgment holder bids in writing a plaintiff’s bid on judgment. This
bid is usually given to the Sheriff’s Office before the day of the sale.
The judgment holder’s bid, if given to the Sheriff prior to the sale, is
considered a sealed bid and will not be disclosed until the sale is
called.
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Q: If
I purchase at a Sheriff’s Sale, who is responsible for back property
taxes?
A: Taxes stay
with the property. If you made the purchase, you are now responsible
for the taxes.
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Q: What
does redemption period mean?
A: If the
sale notice indicates there is a redemption period, that is the amount of
time the defendant has the right to redeem the real estate after the sale.
If the defendant makes redemption, this must be completed at the Harrison
County Clerk of Court’s Office.
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Q: If
I purchase and there is a redemption period, when do I get a Sheriff’s
Deed?
A: If you purchase
property with a redemption period, you will be issued a Certificate of
Purchase. When the redemption period is up, you may then return the
original Certificate of Purchase to the Sheriff and you will then receive
a Sheriff’s Deed. It is very important you do not lose the original
Certificate of Purchase. If you lose it, you will not receive a
Sheriff’s Deed until you get a court order directing the Sheriff to issue
you a duplicate Certificate of Purchase. (626.96) If you fail to have a
Sheriff’s Deed issued within 8 years after the date of issuance of the
Certificate of Purchase, the Sheriff’s Sale will be cancelled. (626.97)
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Q:
If I purchase and there is a redemption
period, can I enter the property before the redemption period is up?
A: This is a
question for your attorney.
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Q: When
I get a Sheriff’s Deed, what do I do next?
A: This is a
question for your attorney.
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Q: If
I get a Sheriff’s Deed and there are people living there, how do I get
them out? Do I have to go through the eviction process?
A: These are
questions for your attorney.
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Q: What
is the difference between a Special Execution and a General Execution?
A: In a Special
Execution, the Court directs what the Sheriff shall sell. In a
General Execution, the plaintiff directs the Sheriff what to sell.
If the plaintiff directs the Sheriff to sell real estate pursuant to a
General Execution, the Sheriff sells only the right, title and interest
the defendant has in the real estate. Before bidding for any real
estate at a Sheriff’s Sale, it is wise to consult an attorney.
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Q: If
I purchase at a Sheriff’s Sale, what name(s) and how should I have them
typed on the Sheriff’s Deed or Certificate of Purchase?
A: This is a
question for your attorney.
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Q: Can
the Sheriff’s Office recommend an attorney?
A: Absolutely not.
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Q: If
I purchase property at a Sheriff's Sale, do I get clear title?
A: Clear title is not
guaranteed to real property sold at a Sheriff's Sale. |
