Sheriff's deed vs. Commissioner's deed???

Question

sheriff's deed vs commissioner's deed....what's the difference? If your are winning bidder at county auction...and receive either/or....how do you turn that to a warranty deed?

Or is it even necessary to do so?

Answer 1

Hate to say it, but a lot depends upon the jurisdiction where the deed is passed.

A Sheriff's Deed usually conveys an interest in property sold as a result of a Sheriff's Sale, which may be for non-payment of a mortgage. That's usually called a Mortgagee's Deed.  It may also be a deed given as a lien for delinquent  taxes, or  water bill, or sewer use or other municipal or county assessments.  Here's where it gets tricky: those sales usually result in the deed being given to the successful bidder from the sale, just as soon as the deeds can reasonably be made up and they are recorded.  There is often a period of redemption which varies from place to place , six months or one year being common.  That gives the poor folks who have a temporary problem the chance to get their property back.  As soon as that period of redemption passes, here in Rhode Island and lots of other states, you then petition Superior Court to 'foreclose all rights of redemption'  and if the former owner doesn't pay you off right away, with interest, then you have a clear title and can sell by Warranty Deed.  Some states give the deed to the buyer after the period of redemption has expired.

A Commissioner's sale is done as a result of a court order for one specific circumstance, and the court appointed Commissioner's deed has the force of a Warranty Deed.

You really have to study the controlling statutes for whichever state is involved.