What is a Sheriff's Sale?
Sheriff seizes or levies upon property for the purpose of
satisfying a money judgment. This is done by liquidating the
assets (converting the asset into cash). This is accomplished by
holding a "Sheriff's Sale" which is a public auction. The
highest bidder pays his bid price to the Sheriff and takes
custody & ownership* of the auctioned property. The Sheriff
pays any service providers or vendors who assisted in the
seizure (like towing & storage), from the sale proceeds,
deducts the various fees & expenses associated with the levy
& sale from the proceeds and applies the balance to the
judgment. Note that
these types of sales are not like the public auctions held by
police departments where the property sold is usually property
recovered from a crime, or simply lost, but unclaimed by the
true owner. The proceeds from those sales are turned over to the
2. When are
Sheriff's Sales Conducted?
difference between a Sheriff's sale and police auction is that
police auctions are usually held approximately once a year and
Sheriff's sales are held throughout the year, at no set
schedule. When the Sheriff conducts a sale depends upon when he
seizes property; it is not the case where the Sheriff would
seize property in connection with several or many cases and hold
the property for one big sale. Sales are held "as
needed." We might have three different sales in one week
and then go for months without another.
3. Where are
Sheriff's Sales Conducted?
All real estate
execution sales are conducted at our office located at the Lobby
White Plains N.Y.10601, or such other place as advertised.
sales (cars, equipment, machinery,
etc.), are conducted at the site where the property is actually
located. So, for example, if we levy on a pickup truck and it is
towed & stored at a garage in Mount Kisco, the sale will be
held at that garage. If we levy on business computers and they
are stored in Atless Moving and Storage, Yonkers, N.Y. that is
where the sale will be held.
4. Who can bid
at a Sheriff's Sale?
sales are public auctions, so anyone can bid. The only exception
is that members of the Westchester County Sheriff's Office may
not bid. A person acting as agent for a company or corporation
may bid on behalf of the company or corporation he represents.
There are no sealed bids or phone bids. A party may bid on
behalf of/as agent for, a party not present as long as the agent
is present at the sale and the bidder has provided his authority
to the Sheriff for such arrangement, in writing, prior to the
Additionally, while anyone may attend and participate in the
bidding, only those bidders who have registered to bid will be
allowed to do so. This simply involves the bidder signing &
printing his name, address & phone number on a ledger sheet
provided at the sale.
What is the sale format?
A standard auction format is used and there is usually no
opening bid or minimum bid. Bidding must be in dollar
6. What are the
Terms of Sale?
property is sold "as is, where is." No
guarantees or warrantees are made, expressed or implied for
anything sold at any sale, with respect to condition, value,
use, operation, safety, marketability, re-sale, sufficiency or
accuracy of description, authenticity, or anything other matter
not consistent with the obligations or duties of the
sales are for cash only, U.S. currency. A minimum
of 10% is due and payable at the conclusion of bidding. Cash is
always required for a down payment. If the bid is unusually
high, the balance might be paid with a bank cashier's check,
certified funds or money order. Any other potential exceptions
must be cleared prior to the sale.
If the full bid price is paid at the time of sale, the bidder
should discuss with the police officer the release procedure to
be to be able to take immediate possession of the
If a down payment is made, the remaining balance is due by 4:00
P.M. of that same day. Alternate arrangements must be
pre-approved. The bidder cannot take possession of the property
until he receives a written release from the police officer and
the release will not be issued until the bid price is fully
Nothing is added to the bid price except for sales tax at
the prevailing rate. Those exempt from sales tax must provide,
before a release or certificate of sale is issued by the
Sheriff, a properly completed tax exemption form no. ST-120 or
other form as required by any law. The expenses of the levy
& sale will be deducted from the sale proceeds, if any.
Where storage has accrued, it will be paid up to and including
the day of sale. Thereafter, the purchaser is responsible for
any charges. The purchaser is also responsible for making
arrangements for the removal, transportation, security, safety,
etc. of the purchased property.
When real property is sold, the purchaser must pay to the
Sheriff a $20.00 deed fee at the time the deed & associated
documents are delivered. The Sheriff does not charge or collect
any taxes, fees or charges that may be due or assessed with
respect to the sale, transfer or recordation.
Any other terms or requirements as may be expressed or implied
by any rule or law are operational as long as such is not
inconsistent with the Sheriff's duties and responsibilities as
stated here or by law, at the time of sale, or other time. The
preceding policies and procedures are subject to modification
based upon innumerable variations and factors related to the
property, court directions, etc.
7. What exactly
is the high bidder purchasing?
purchaser at a sheriff's sale is acquiring the interest of the
judgment debtor in the property levied upon. If, for example,
the interest of the judgment debtor in a motor vehicle is
subject to a lien, then that is what the bidder is buying. For
real property, if the debtor's interest is governed by a joint
tenancy, for example, or other deed restriction, or is subject
to a superior lien or encumbrance, then that is what the bidder
is purchasing. The purchaser is acquiring the judgment debtor's
"right, title & interest" in or to the
property, whatever that may be. The Sheriff does not research
such things nor make opinions or assertions relative to such
8. What Documents will the purchaser
receive from the Sheriff?
personal property is sold, the successful bidder will
receive a receipt for the payment of his bid; a release
which will be directed to the agency, person or party having
possession of the property. This authorizes the release of the
property to the purchaser; a certificate of sale, which
transfers the judgment debtor's interest in and to the property,
to the purchaser; accompanying the certificate of sale will be a
copy of the execution, which is the legal instrument
authorizing & directing the levy and sale.
real property is sold, the purchaser will receive a
receipt for the payment of the bid price, a Sheriff's Deed
and the several documents attesting to procedure.
How does one find out if & when a sale is scheduled?
The Sheriff does not maintain a mailing list.
printed notice of sale is usually posted in three public places
in the City of White Plains, typically at our office at
Westchester County Sheriff, Bulletin Board, 110 Dr. Martin
Luther King Jr. Blvd.
Rm. L217, White Plains N.Y.10601, at the White Plains Library,
and White Plains City Hall.
For personal property sales, the law requires a notice of
sale to be posted at three public places in the town or city
where the actual auction takes place, at least six days before
the sale. Such postings typically are done at the local town
hall and other government buildings.
Click on one of the links below to view Real
195 Martling Avenue
YORKTOWN HEIGHTS, NY 10598
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