Terms of Service
This website only provides sale information for non-judicial foreclosure auctions, and does not include sale information for judicial foreclosure auctions.
This is general information published for the benefit of those attending non-judicial sales. However, please understand that we expressly reserve the right to modify the procedures stated herein, as the situation dictates and to protect the interests of the clients we serve. Before contacting us, you should first carefully review the terms of the Notice of Default or Notice of Sale in question.
ATTORNEY’S TITLE GROUP, LLC DOES NOT OFFER ANY INFORMATION OR MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARDS TO THE STATE OF TITLE, LIEN POSITION, OCCUPANCY, PHYSICAL CHARACTERISTICS OR THE CONDITION OF ANY PROPERTY LISTED HEREIN.
Non-judicial Sales are conducted and the entire purchase price is due and payable at the conclusion of the auction in certified/bank checks. No personal checks will be accepted. All non-judicial sales will be conducted in an auction format with the opening bid being supplied by the lender. To purchase a property, you should bring sufficient funds and be prepared to outbid the lender and any other potential investor. Amounts received more than the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered.
ATTORNEY’S TITLE GROUP, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PROPERTIES LISTED ON THIS WEBSITE WILL BE FORECLOSED ON THE DATES INDICATED HEREIN OR AT ANY OTHER TIME. SALES MAY BE POSTPONED AT ANY TIME BEFORE THE AUCTION. FORECLOSURES MAY ALSO OCCUR ON PROPERTIES THAT ARE NOT LISTED ON THIS WEBSITE. THE SALE HELD MAY BE RESCINDED AT THE SUCCESSOR TRUSTEE’S OPTION AT ANY TIME. AND THE RIGHT IS RESERVED BY THE SUCCESSOR TRUSTEE TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME AND PLACE.
In sales that are not assigned a specific time on the Notice of Sale/Notice of Default, our representative may appear at any time within the legal hours of sale for that jurisdiction. Often, we will not be privy to a timeframe for their arrival or their plans change on sale day, so please plan accordingly, and do not attempt to contact us for any further information regarding the sale time. Further, many sales are now done by third-party auctioneers hired by the foreclosing entity. Those sales are prominently indicated on the report. You must check with the listed third-party auctioneer regarding procedures, sale times, etc. for those sales.
THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ATTORNEY’S TITLE GROUP, LLC SHALL HAVE NO LIABILITY TO ANY USER OF THIS WEBSITE AND DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE FORECLOSURE LISTINGS ON THIS WEBSITE.
Foreclosure Sale Terms and Conditions
The Foreclosure Sale Auction (“Auction”) will be conducted by approved auctioneers (“Auctioneer”). Auctioneer as used in these Terms and Conditions includes any and all of Auctioneer’s principals, agents, employees, representatives, officers and directors. These Terms and Conditions generally describe the auction of real properties in Arkansas, Tennessee, and Mississippi, (a “Property” or the “Properties”) pursuant to the legal document relative to the state. All sales are made pursuant to the Terms and Conditions set forth below, the particular security instrument, the particular Notice of Sale or Notice of Default as applicable, and applicable law. The information being provided to prospective bidders interested in participating in the Auction, including any of their principals, employees, representatives and/or agents (collectively the “Prospective Bidders”), in connection with the Auction is for informational purposes only.
1. FORECLOSURE SALE. All Auctions will be conducted by Auctioneer under the direction of various entities holding power of sale under a deed of trust (“Trustee”). The sale of any Property is subject to the following: (1) any loan reinstatement, payoff, or other presale arrangement with the lender to satisfy the default, (2) any court ordered or statutory restraint of sale arising out of bankruptcy, probate, divorce, receivership, or other court proceedings involving any person claiming a legal or equitable interest in the Property, (3) any other claim by those persons obligated on the debt that may render the sale void or voidable, including but not limited to claims of insufficient notice, (4) any ad valorem taxes for the current and prior years which are applicable against the property, (5) any other undisclosed matter which may affect the validity of the sale or act as a defense or bar to the foreclosure proceeding, and (6) any errors in the calculation of the bidding instructions or errors in reading the bid made by either the Auctioneer, Trustee, Mortgagee, Mortgage Servicer, or Beneficiary.
2. REGISTERING. Registration will occur at the venue on the day of the Auction. Registering will expedite preparation of the post-auction documentation. In order to place a bid at the live Auction, each Prospective Bidder shall subsequently check in at the Auction and may be required to show evidence of the ability to pay the entire amount of the highest bid placed by cashier’s check to the Auctioneer before bidding. Auctioneer or Trustee requires Prospective Bidders to provide a valid form of photo identification issued by the government of the United States or a political subdivision thereof upon being declared the “Winning Bidder” as defined in Section 4.
3. ANTI-MONEY LAUNDERING/OFAC/COUNTER TERRORISM POLICIES. By participating in the Auction, each bidder represents that such bidder is not in violation of: (i) any anti-money laundering laws, including those contained in the Bank Secrecy Act; (ii) any economic sanctions laws administered by OFAC of the U.S. Department of the Treasury; or (iii) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.
4. BIDDING. This is a live event and all bids must be entered at the Auction. Please review the applicable Notice of Sale to view the time and location of upcoming sales. Each bid is, by law, an irrevocable offer to purchase and each higher bid shall cancel an earlier bid. Once the highest bid is determined, the Auctioneer will close the bidding and at that time either (i) a Prospective Bidder shall be declared the winning bidder (“Winning Bidder”), or (ii) a credit bid shall be the highest bid and no third-party sale shall occur. A Winning Bidder’s high bid shall be deemed the “Winning Bid Amount”. Winning Bidders are responsible for any transfer taxes, recording fees, and any other charges associated with the transfer unless otherwise set forth in the sale notification for a particular property.
5. PAYING. Each Prospective Bidder wishing to bid at the Auction must have cashier’s check(s) sufficient to purchase each Property on which they intend to bid. The Winning Bidder shall pay the Winning Bid Amount to the Auctioneer in the form cashier check(s) immediately after Auctioneer closes the bidding for that Property unless otherwise set forth in the applicable Notice of Sale for the Property. Additional forms of payment will not be accepted unless approved in writing by Auctioneer or Trustee. No personal checks, business checks or money orders will be accepted. Permitted form of checks should be made payable to yourself as the Prospective Bidder and endorsed to the appropriate party upon becoming the Winning Bidder. Cashier’s checks must be issued by a state or federal bank, savings and loan, or credit union. Foreign cashier’s checks will not be accepted. Bidders utilizing cashier’s checks made payable to an entity must be able to verify that the bidder has the authority to endorse the cashier’s check on behalf of the entity. Cashier's checks without a specified valid thru date will be accepted up to 180 days after the issue date. If the Winning Bidder fails to tender the Winning Bid Amount as required, Auctioneer shall be entitled to re-auction the Property and reject any subsequent bid as provided by law. Do not bid if you are unable to tender sufficient funds immediately following the sale of a particular Property. Certain identifying information will be collected on the sale receipt from Winning Bidder. Notwithstanding Attorney’s Title Group’s Privacy Policy, this information will only be used as necessary or incident to help complete the sale, and not for marketing purposes.
6. TERMS OF SALE. All Properties are offered for sale, transfer, and conveyance “AS IS, WHERE IS, WITH ALL FAULTS AND LIMITATIONS” and all sales are “FINAL” subject to applicable law and as further set forth in these Terms and Conditions. There are no representations or warranties relating to the title or any physical, environmental, health or safety conditions relating to any Property offered for sale. Auctioneer, the Trustee, the beneficiary under each deed of trust, and their respective principals, agents, employees, officers, directors, members, managers, and affiliated entities (collectively, the “Parties”) do not make any representations or warranties concerning any Property and specifically disclaim the accuracy and completeness of any information provided. All sales are subject to all liens, easements, rights of way, exceptions, defects, restrictions, reservations, covenants, rights of redemption, and encumbrances of any kind, if any, which are not extinguished by the foreclosure sale under applicable law. Prospective Bidders are advised to investigate such matters before the Auction and bid accordingly. The Internal Revenue Service may have a right of redemption in accordance with federal law. Prospective Bidders are encouraged to fully investigate the Property and seek appropriate professional assistance before bidding. Such investigation should include, but not be limited to, an examination of (i) the quality of title that the Winning Bidder will receive, including any liens or encumbrances which the Property will be subject to following conveyance to the Winning Bidder, (ii) the condition of the Property, (iii) the Property’s compliance with any applicable laws or ordinances, including zoning or building codes, and (iv) the suitability of the Property for any particular purpose.
Winning Bidders are responsible for obtaining insurance to protect the Winning Bidder’s interest in the Property. Winning Bidders are responsible for obtaining possession of the Property at their sole risk and expense and in accordance with all applicable law including, but not limited to, the Protecting Tenants at Foreclosure Act as amended.
All Properties are to be conveyed by Trustee’s Deed, Substitute Trustee’s Deed or similar conveyance document. The interest in the Property being sold is limited to that expressly warranted by the Deed of Trust, subject to any exceptions referenced in the Deed of Trust or appearing of record to the extent the same are still in effect and shall not cover any property that has been released from the lien of the Deed of Trust.
If, for any reason, title to a Property is unable to be conveyed or a sale is rescinded, Winning Bidder’s sole remedy is the return of any consideration received from the Winning Bidder in conjunction with the sale of Property without interest. Reasons a Property may not be able to be conveyed or rescinded include, but are not limited to, the filing of a bankruptcy petition, agreement to reinstate the loan, commencement of litigation, court order, and any matter which may affect the validity of any of the elements of the foreclosure process or the sale as determined in Auctioneer’s sole and absolute discretion. Auctioneer and Trustee shall have no liability to any Prospective Bidder, Winning Bidder, or any other party in the event that a property is unable to be conveyed. The sale of a particular Property may be cancelled or postponed for many reasons prior to the start of bidding at the Auction. There is no guarantee that a particular Property will be auctioned as scheduled. Prospective Bidders should check back often to www.internetpostings.com.
Additional terms of the sale may be set forth in the Notice of Sale applicable to a particular Property. In the event these Terms and Conditions conflict with the Notice of Sale, the Notice of Sale shall govern to the extent of such conflict.
NOTICE TO PROSPECTIVE BIDDERS: Prospective Bidders should understand that there are risks involved in bidding at a foreclosure sale. Prospective Bidders will be bidding on a lien, not on the property itself. Placing the highest bid at the Auction does not automatically entitle that bidder to free and clear ownership of the Property. Prospective Bidders should be aware that the lien being auctioned off may be a junior lien. The Winning Bidder is or may be responsible for paying off all liens senior to the lien being auctioned off before receiving clear title to the Property. Further, the same lender may hold more than one mortgage or deed of trust on the property. Prospective Bidders are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on each Property by contacting the county recorder's office or a title insurance company, either of which may charge a fee for this information.
7. DISCLAIMER REGARDING PROPERTY INFORMATION. Any documents and pictures posted on the internet, included in any auction advertisement, or displayed at the Auction are for informational purposes only. Information provided by Auctioneer has been gathered from a variety of sources and Auctioneer has not independently verified such information. Auctioneer shall not be liable for any errors in the information provided. Auctioneer has not, and will not, make any representations or warranties concerning the accuracy or completeness of any information provided. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and to fully understand the foreclosure process in general. Pictures purporting to depict the Property and documents detailing the Property condition may not reflect the correct property condition of the Property at the time of sale or describe the correct Property. No representations, warranties, or guarantees are made that any items depicted in the pictures (i.e. air conditioning units, fixtures, etc.) will be present at the time of sale or upon obtaining possession of the Property. Prospective Bidders are encouraged to fully investigate the Property and seek appropriate professional assistance before bidding. Such investigation should include, but not be limited to, an examination of (i) the quality of title that the Winning Bidder will receive, including any liens or encumbrances which the Property will be subject to following conveyance to the Winning Bidder, (ii) the condition of the Property, (iii) the Property’s compliance with any applicable laws or ordinances, including zoning or building codes, and (iv) the suitability of the Property for any particular purpose.
Sales to Winning Bidders are subject to current occupancy status of the Property. The Property may be subject to the redemption rights of third parties in accordance with applicable law. Prospective Bidders shall not trespass on the Properties, disturb the occupants, or contact the borrowers to obtain information about the Properties. Prospective Bidders may be subject to criminal and/or civil liability for such acts.
8. ADDITIONAL INFORMATION. EACH PROSPECTIVE BIDDER AND ANYONE CLAIMING BY, THROUGH OR UNDER THE SAME HEREBY FULLY AND IRREVOCABLY RELEASES THE PARTIES FROM ANY AND ALL CLAIMS THAT HE/SHE/IT OR THEY MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST ANY OF THE PARTIES FOR ANY COST, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND, ACTION OR CAUSE OF ACTION ARISING FROM OR RELATING TO ANY ERRORS, OMISSIONS OR OTHER CONDITIONS AFFECTING THE PROPERTIES. THIS RELEASE INCLUDES CLAIMS OF WHICH PROSPECTIVE BIDDER IS PRESENTLY UNAWARE OR DOES NOT PRESENTLY SUSPECT TO EXIST IN HIS/HER/ITS FAVOR WHICH, IF KNOWN BY PROSPECTIVE BIDDER, WOULD MATERIALLY AFFECT PROSPECTIVE BIDDER’S RELEASE OF THE PARTIES. EACH PROSPECTIVE BIDDER SPECIFICALLY WAIVES THE PROVISIONS OF ANY APPLICABLE STATE STATUTE(S) WHICH, IN SUBSTANCE, PROVIDE AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” FOR THE PURPOSES OF THESE TERMS AND CONDITIONS, THE TERM “CREDITOR” AS USED IN THE PRECEDING SENTENCE INCLUDES PROSPECTIVE BIDDERS.
IT IS THE RESPONSIBILITY OF ALL PROSPECTIVE BIDDERS TO PERFORM THE DUE DILIGENCE THEY DEEM NECESSARY PRIOR TO AUCTION DAY AND TO SATISFY THEMSELVES AS TO THE PHYSICAL CONDITION AND ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ANY LIENS, ENCUMBRANCES, ASSESSMENTS, DUES, FINES AND/OR PENALTIES. YOU MAY WISH TO CONSULT WITH A LICENSED REAL ESTATE BROKER, ATTORNEY, FINANCIAL OR TAX ADVISOR OR OTHER PROFESSIONAL IN CONNECTION WITH ANY PROSPECTIVE BID. ALL SALES ARE FINAL SUBJECT TO APPLICABLE LAW. PLEASE BID ACCORDINGLY.
By bidding during the Auction, each Prospective Bidder shall be deemed to represent, warrant and agree to the following with respect to each Property: (a) such Prospective Bidder is familiar with the legal condition of the Property and has conducted such investigation of the Property as the Prospective Bidder has considered appropriate, (b) none of the Parties has made any verbal or written representations, warranties, promises or guarantees whatsoever to the Prospective Bidder, expressed or implied, and, in particular, no such representations, warranties, guarantees, or promises have been made with respect to the physical condition, operation, legal condition, or any other matter or thing affecting or related to the Property and/or the offering or sale of the Property, (c) Prospective Bidder has not relied upon any representations, warranties, guarantees or promises or upon any statements made or any information provided concerning the Property, including but not limited to, information online at Internetpostings.com website or information provided or made available by any other Party, and (d) Prospective Bidder has decided to bid after having made and relied solely on its own independent investigation, inspection, analysis, appraisal and evaluation of the Property and the facts and circumstances related thereto, including but not limited to, any and all outstanding liens, encumbrances, assessments, dues, fines and/or penalties.
No Party shall be liable or bound in any manner by any oral or written statements, representations or information pertaining to the Properties, or the operation thereof, furnished by any real estate broker, agent, employee, title company or any other person or entity. Auctioneer’s waiver of any provision of these Terms and Conditions does not constitute a waiver of the right to enforce them in other instances or create any private right of action on the part of any Prospective Bidder.
The respective rights and obligations of the parties with respect to these Terms and Conditions and the conduct of the Auction shall be governed by, interpreted and enforced under the laws of the state in which the Auction is held.
By bidding during the Auction, Prospective Bidder agrees to these Terms and Conditions, as may be updated from time to time prior to the Auction.