CONSUMER GUIDE TO CHOOSING YOUR AUCTIONEER WISELY:

2.  PERFORM BACKGROUND SEARCH VIA
 COURTHOUSE CLERKS OF COURT

 

2.  Perform courthouse background checks both at the Louisiana State District Court level and Federal level.

Though this may sound like a difficult proposition, it's really not.  All you have to do is visit the master listing of LA Parish Clerks of Court page.  The page will have links for all of the Clerks of Court in Louisiana.  Simply click on the link for the parish in which the auctioneer under consideration is located.  The vast majority of these parish Clerks have direct links to their websites (see last line on the profile page in the middle); however, some, such as St. Helena Parish, are hopelessly behind the technology curve and appear to have no website.

Once on the individual Clerk's website, you can see if a one-day pass is offered for you to access records online.  Many Clerks are offering this option (e.g.  the Calcasieu Parish Clerk of Court and the Jefferson Parish Clerk of Court).  Some (e.g. Tangipahoa Parish Clerk of Court) go even further to permit users to sign on as guests and view the existence of relevant information (e.g. suits and judgments) at no charge (a charge likely does exist to view the documents and/or print hard copies).  Other Clerks (e.g. the Livingston Parish Clerk of Court ) don't offer one-day passes, but the annual fee, at $50, is quite minimal.

If a day pass isn't available, you can always contact an attorney friend, particularly one specializing in closing real estate transactions, who may likely be happy to look the information up for you.  If you don't have or know someone who knows such a friend, ALL Clerks permit public access to the information on location at their public access computer terminals.  Clerk personnel will be happy to assist you.  Friend or on-location access are likely your only options for more expensive Clerk Offices such as East Baton Rouge Parish,   which, at $75/month, are prohibitively expensive to subscribe for a one-time inquiry.

Two type inquiries you can make at the Parish Clerk of Court's Office:

I.  A Suit Index search:

• Used to ascertain if auctioneer (or his/her company) named as defendant in auction-related matters.

• May be able to view images (e.g. East Baton Rouge Parish for court filings after early 2009).

• If can't view image online (or terminal on location), simply write down the suit number, then ask a representative to pull the file for you to review.

• Remember:  These lawsuit files are matters of public record.  Further, your viewing is free (though a per-page fee for any copies you may request applies).

• Being sued doesn't inherently mean an auctioneer (or his/her company) is civilly liable.  Examine the file and supporting evidence within the file, and you can form your own opinion and judgment as to how likely it may be that an impropriety on the part of the auctioneer may have transpired.

II.  A Mortgage/Conveyance Index Search:

• Used to ascertain if judgments or liens have been filed against an auctioneer (or his/her company).

• Judgments are typically civil suits decided against the party on whom the judgment is filed.

• Liens can result from a variety of sources, including Federal or State income taxes, property taxes, unpaid sales taxes, etc.

Lastly, consider a Federal Courthouse Search:

• PACER (Public Access to Court Electronic Records) enables anyone to establish account at no charge.  Just visit the PACER website.

• No monthly fee, but PACER charges $0.10 for each page you view (irrespective of whether you print or save it or not).

• $3 maximum charge for a document even if it exceeds 30 pages.  If view less than 150 pages in a calendar quarter, total fee waived, so you can view (or save or print) up to 150 pages a calendar quarter absolutely free!!

• Used to ascertain any past bankruptcy filings, Federal civil suits, Federal criminal filings (all segregated by category).

• If you see multiple bankruptcy entries, make sure you identify that the auctioneer (or his/her company) is a principal party to the bankruptcy filing and not just a participant in the bankruptcy case (i.e. has been hired to liquidate assets in a bankruptcy case).  The indication of the role of the party should be immediately after the name [often in parenthesis - e.g. (db) for debtor, or (dft) for defendant or (auc) for auctioneer].

Courthouse resources often constitute the ABSOLUTE BEST source for uncovering potential problems regarding a prospective auctioneer (or many other professionals, for that matter).  It's not that difficult, and the "ounce of prevention" it entails may very well be worth SEVERAL pounds of cure!!