Property Bidding Scrapped After Discovery Of Foreclosure Error
KOSCIUSKO — In an unexpected turn of events, the recent process of approving bids for a North Webster property was scrapped after an investigation into the property revealed the county may not have rights to it.
In a meeting set to accept a bid for the property, located at 89931 East Epworth Forest Road, County Attorney Chad Miner explained to the board that due to an error in the foreclosure process on the property, he was suggesting the county vacate the sale.
According to Miner, due to the issue, it is unknown whether the county legitimately received the title for the property through legal channels. Miner stated continuing forward with a sale could open the county up to legal issues in the future.
Due to this, current bids on the property are no longer relevant. Miner suggested the commissioners return to the beginning of the process and take the property through the initial sheriff sale. Miner also noted it is highly unlikely the county will end up with the property again as there is no reason for the county to bid on it.
Mike Kissinger, a bidder in the process, came before the board to request the county consider repaying his financial losses in the process of bidding. Kissinger, who was the top bidder for the property, stated he had signed paperwork with Miner after placing the highest bid, explaining he believed he had already been awarded the property through the contract.
However, Commissioner Ron Truex noted the agreement was purely a bidder agreement, explaining the sale had not yet been awarded by the county commissioners.
Kissinger went on to state he had known there had been a lien on the property at the time of bidding and claimed he brought that knowledge before the county. Truex noted he did not present that information directly to the commissioners however.
“It may end up the county will not end up with the property after the sheriff sale,” explained Truex. “We can’t sell something we don’t own.”
The commissioners advised Mike he might consider attending the sheriff sale to buy the property there.