Q&A: Sheriff’s sale notices in two different papers?

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From The Benton Review (Fowler) and The News and Review (Monon):

Q: Can the required publication of notice of a sheriff’s sale (mortgage foreclosure), which must run three times, be split up? Can it run two weeks in one publication and then run one week in another publication within the same county on consecutive weeks?

A: A court would look for publication in the same newspaper based on the wording of the statute.

IC 32-29-7-3(d) says the sheriff must advertise the sale by publication once each week for three successive weeks in a daily or weekly newspaper of general circulation.

Splitting the notices between two different publications would not satisfy the law’s requirement for three printings in a daily or weekly newspaper.

Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.

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