Sheriff's office details New Castle County sheriff's‑sale process as executive office readies tax‑collection order

The New Castle County Sheriff's Office walked county council members through how court‑ordered sheriff's sales work and how the office posts, conducts and confirms those sales, and county executive staff said an executive order is being drafted to shield taxpayers who enroll in and comply with payment plans from county and school tax collection.

"We have a limited window of 60 days and then completion at 90 days," New Castle County Sheriff Scott Phillips said, describing the statutory timelines and the office's court‑mandated responsibilities. Phillips introduced Real Estate Coordinator Lynn Jump and Chief Deputy Ron Fioravanti to explain operational details and the office's web tools.

Jump told the committee the sheriff's office handles three kinds of sales: mortgage foreclosure sales, tax sales and judgment sales. "We set up mortgage foreclosure sales, tax sales, and judgment sales," she said, and noted the office typically schedules real‑estate sales for the second Tuesday of each month while working two months ahead to prepare listings and legal postings.

She detailed bidder and payment requirements: for tax sales the high bidder must pay 100% of the bid on the day of sale; for mortgage or judgment sales the high bidder pays 20% on sale day and the balance later. Jump told the council prospective bidders must register before the sale, present photo identification, and bring certified funds; the presentation listed a $10,000 cashier's check or certified funds (plus a blank check) among the typical registration requirements.

Jump and Fioravanti explained confirmation and redemption timelines. "Confirmation happens on the Friday following the third Monday of the month following the sale," Fioravanti said, and noted tax‑sale purchasers have a 60‑day redemption window from confirmation. They described post‑sale paperwork: purchasers typically submit deeds and transfer‑tax affidavits, the office distributes sale proceeds to satisfy municipal fees and taxes, and any excess proceeds are handled by the protonotary's office where interested parties may petition for a share.

Fioravanti emphasized the sheriff's office is a facilitator, not the initiating party for sales. "We have 0 control over which properties are brought to the New Castle County Sheriff's sale," he said, explaining that plaintiffs (banks, governments or other judgment holders) and the courts bring cases to the office. He also reviewed the three ways a sale can be stayed: an attorney's notice to the sheriff's office, a court‑ordered stay, or an automatic stay when a defendant files for bankruptcy.

Fioravanti demonstrated two online lists the office publishes: an Excel spreadsheet that is updated close to sale dates and a web list that refreshes hourly and removes properties that have been stayed. He cautioned some vendor limitations prevent customizing headings on the public list to visually separate goods‑and‑chattel sales from real‑estate sales.

Goods‑and‑chattel sales, Fioravanti explained, follow judgment procedures and involve levies on personal property or vehicles; a levy inventory is returned to court and only then may the court authorize a goods‑and‑chattel sale. He said courts generally require creditors attempt those remedies before executing on a debtor's real property.

A caller identified by the chair as Kate Dunn from the county executive's office told the committee that House Bill 241, amendment 3, passed during a special session and that the county's law office is drafting an executive order to mirror the amendment's protections. "New Castle County is prohibited from collecting unpaid county and school taxes from the taxpayer's real or personal property if the taxpayers entered into a tax payment plan and complies with that payment plan," she said, and staff promised to share the executive order with council once drafted.

Council members pressed for more data and operational clarity. Councilman Street asked for a year‑to‑date breakdown of sheriff sales by taxing entity (county, school districts and municipalities) and how many properties were occupied versus vacant, saying public concern over reassessment warrants verified figures rather than speculation. Council members also asked how partial payments are allocated; Dunn said partial payments are applied to amounts owed to the county first.

Council members and staff discussed homeowner‑association judgments and the distinction between civic associations and maintenance corporations that can place liens on common‑interest property. Kilpatrick noted the legal distinction to avoid confusion among constituents.

The committee recessed after the presentation and questions. The transcript records a motion to adjourn and a closing vote.

(Next steps: county staff will provide the council with the drafted executive order and the sheriff's office offered to provide property lists so the county can map sales to school districts and occupancy status.)