Warrant to auction land
Warrant of seizure and sale - Civil
If the warrant is required to auction the debtor’s land, the creditor will require a copy of the warrant to be noted on the title deed (Land Title Act 1994, s. 116).
This is not the responsibility of court staff or the enforcement officer. The creditor should request the copy of the warrant in writing and pay the relevant fee. The creditor is also responsible for registering the warrant on the title.
The creditor must provide a current title search, property valuation (kerbside valuation from a real estate agent is sufficient), local authority rate details and mortgage payout details (if any).
It is not necessary for the enforcement officer to supply information about flood levels, drainage problems etc. Any bidder can search details of the land or title themselves and decide whether they want to purchase it. However, the enforcement officer must explain that the land is purchased with a mortgage.
There is no absolute rule about which bid should be accepted at the auction, but the bailiff can seek instructions from the registrar. Before the auction, the bailiff should be provided with a valuation of the property and the auction must yield the best price available. Bids around 80 per cent of the acquired valuation may be acceptable.