A. Lands and tenements taken on execution shall not be sold unless the party causing the execution to be issued: 1. Causes a written notice of sale executed by the sheriff containing the legal description of the property to be sold and stating the date, time, and place where the property will be sold and, if the sale is to utilize an online sale marketplace, stating the sale will be conducted through an online auction marketplace, the Internet address where bids may be entered, the date of the sale, and the time when bidding is scheduled to be open, to be mailed, by first-class mail, postage prepaid, to the judgment debtor, any holder of interest of record in the property to be sold whose interest is sought to be extinguished, and all other persons of whom the party causing the execution to be issued has notice who claim a lien or any interest in the property whose interest is sought to be extinguished, at least ten (10) days prior to the date of the sale, if the names and addresses of such persons are known; 2. Causes public notice of the date, time and place of sale to be given by publication for two (2) successive weeks in a newspaper published in the county in which the property to be sold is situated, or in case no newspaper is published in such county, then in a newspaper of general circulation therein and by putting up an advertisement upon the courthouse door and in five other public places in such county, two of which shall be in the township where such lands and tenements lie; provided, that in counties now having a population of one hundred ten thousand (110,000) or more according to the last Federal Decennial Census, the advertisement shall be published in some newspaper published in the city or township where such lands and tenements lie, or if there is no newspaper in such city or township, then in some newspaper published in the county. Notice shall be executed by the sheriff and state the name of any person having an interest in the property to be sold whose interest is sought to be extinguished and whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified; and 3. Files in the case an affidavit of proof of mailing and of publication or posting. B. A written notice of sale executed prior to November 1, 1987, by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid. C. Such sale shall not be held less than thirty (30) days after the date of first publication of the notice required in paragraph 2 of subsection A of this section. If a purchaser other than the party causing the execution to be issued, when required by the sheriff, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twenty-four (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the sheriff may accept the next highest bid. Except as otherwise provided for in subsection B of this section, sales for which the provisions of subsection A of this section have not been complied with shall be set aside on motion by the court to which the execution is returnable. D. The sheriff may determine whether the sale provided for in this section shall utilize an online auction marketplace. All sales of lands and tenements conducted by a sheriff utilizing an online auction marketplace shall be conducted in accordance with the provisions of Section 4 of this act. R.L. 1910, § 5166. Amended by Laws 1927, c. 117, p. 184, § 1; Laws 1957, p. 81, § 1; Laws 1986, c. 227, § 3, eff. Nov. 1, 1986; Laws 1987, c. 189, § 2, operative Nov. 1, 1987; Laws 2025, c. 413, § 2, emerg. eff. May 28, 2025.
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