Sheriff’s Deed Law & Legal Definition


A Sheriff’s deed is a deed that gives ownership rights in property bought at a sheriff's sale. A sheriff's sale is a sale conducted by a sheriff upon order of a court after a failure to pay a judgment. Often, property that is involved in a mortgage foreclosure is subject to being sold at a sheriff's sale. In such cases a sheriff’s deed refers to the deed given in foreclosure of a mortgage. Generally, the debtor has the right of redemption of the property until confirmation of sale is signed by the judge and filed by the court. The giving of the deed begins a statutory redemption period.

A sheriff's deed was prima facie evidence that the provisions of the law in relation to the sale of the property for which it was given were complied with. [Morey v. Brown, 305 Ill. 284, 286 (Ill. 1922)]

Statute in Illinois referring to Sheriff’s deed.

765 ILCS 40/2 of the Illinois Consolidated statutes on property says

Sec. 2. As used in this Act:

"Adverse instrument" means any document, instrument, or paper that adversely affects, but does not convey, the fee title to registered land, and the validity of which is not dependent upon consent by an owner of the registered land or some person claiming by, through, or under that owner. Adverse instruments include, but are not limited to, mechanics' lien claims, memoranda of judgment, and lis pendens notices. Adverse instruments do not include sheriff's deeds, marshal's deeds, or tax deeds.

"Voluntary instrument" means any document, instrument, or paper that either conveys the fee title to registered land or affects title to registered land and the validity of which is dependent upon consent by an owner of the registered land or some person claiming by, through, or under that owner. Voluntary instruments include, but are not limited to, deeds, including tax deeds, sheriff's deeds, and marshal's deeds, mortgages, assignments of mortgage, leases, and grants of easement or license.