Land records · Parcel maps · October 5, 2026
What Is a Sheriff's Deed? Court-Ordered Sales Explained
What is a sheriff's deed? The deed given to the buyer at a court-ordered sale, often after a judicial foreclosure. What it conveys and what it does not.
What is a sheriff’s deed? It is the deed a sheriff, or another court officer, signs to transfer property to the buyer at a court-ordered sale. These sales usually follow a judicial foreclosure, where a lender sued in court to foreclose a mortgage, or an execution sale, where a creditor with a court judgment forces the sale of a debtor’s property. The deed passes whatever interest the former owner had, with no promises about the condition of the title. This page is general land-records background, not legal advice.
How a property ends up at a sheriff’s sale
- A lawsuit is filed. A mortgage lender files a foreclosure case, or a creditor who already won a money judgment asks the court to sell the debtor’s real estate.
- The court orders a sale. After the case is decided, the court issues a judgment or order directing a public sale.
- Notice is published. State law sets how the sale must be advertised, often in a newspaper and at the courthouse.
- The sale is held, usually as a public auction run by the sheriff’s office or a court-appointed officer. Many counties now hold these auctions online.
- The sale is confirmed. In some states, the court must approve the sale before the deed is issued.
- The sheriff’s deed is signed and recorded.
What the buyer gets
A sheriff’s deed transfers the interest of the defendant named in the case, nothing more. It does not promise that the title is clear. Problems a buyer may face include:
- Senior liens. A foreclosure usually wipes out liens junior to the one being foreclosed, but liens with higher priority, such as property taxes, can survive.
- Parties left out of the case. Anyone with an interest who was not properly named and served may keep their claim.
- Occupants. The former owner or tenants may still be living there, and removing them takes a separate legal process.
- No inspection. Buyers often cannot see the inside before bidding.
Many title insurers will not insure a sheriff’s deed title until the buyer clears doubts, sometimes through a quiet title action.
Redemption periods
In some states, the former owner has a statutory right of redemption after the sale, meaning they can reclaim the property by paying the sale price plus costs within a set time. Depending on the state, the sheriff’s deed may not be delivered until that period ends, or it may be delivered subject to it. Redemption periods range from none to a year or more.
Sheriff’s deed vs trustee’s deed
| Sheriff’s deed | Trustee’s deed upon sale | |
|---|---|---|
| Foreclosure type | Judicial (through court) | Non-judicial (power of sale) |
| Signed by | Sheriff or court officer | Trustee named in the deed of trust |
| Court involvement | Lawsuit and sale order | Notices under state law, no lawsuit |
See what is a trustee’s deed for the non-judicial version.
Finding one in the records
Sheriff’s deeds are recorded with the county recorder or register of deeds. In the grantor index, the grantor is usually shown as the sheriff, sometimes along with the former owner’s name. The court case file, kept by the clerk of court, holds the judgment, sale notice, and any confirmation order. Earlier filings such as a judgment lien or a lis pendens often appear in the records before the sale and help explain the chain of title.
What is a sheriff’s deed FAQ
Does a sheriff’s deed give clear title?
Not necessarily. It transfers only the former owner’s interest, with no warranties. Senior liens and unnamed parties’ claims may remain.
What is a sheriff’s sale?
A public auction of property ordered by a court, usually after a judicial foreclosure or to satisfy a money judgment.
Can the former owner get the property back after a sheriff’s sale?
In states with a statutory redemption period, yes, by paying the required amount within the deadline.
Who signs a sheriff’s deed?
The county sheriff or another officer authorized by the court to conduct the sale.
Is a sheriff’s deed the same as a tax deed?
No. A tax deed comes from a sale for unpaid property taxes. A sheriff’s deed comes from a court-ordered sale, usually foreclosure or judgment enforcement.