BAKER, C.J.
[T[he Appellees cross-appeal, arguing that the trial court erred by giving the receiver appointed over Tippecanoe the power to sell the Tippecanoe property at a private sale, without Tippecanoe’s consent, before a sheriff’s sale could even be held. The general receivership statute provides a non-exhaustive list of the powers a trial court may grant to a receiver:
The receiver may, under control of the court or the judge:
(1) bring and defend actions;
(2) take and keep possession of the property;
(3) receive rents;
(4) collect debts; and
(5) sell property;
in the receiver’s own name, and generally do other acts respecting the property as the court or judge may authorize.
I.C. § 32-30-5-7(5). The more specific statute governing receiverships in mortgage foreclosure actions, however, explains the receiver’s role as follows:
If the court appoints a receiver of mortgaged property, the receiver shall take possession of the mortgaged property, collect the rents, issues, income, and profits and apply the rents, issues, income, and profits to the payment of taxes, assessments, insurance premiums, and repairs required in the judgment of the receiver to preserve the security of the mortgage debt. The receiver shall promptly file a final report with the clerk of the court and . . . account for and pay over to the clerk . . . the balance of income or other proceeds that remain in the receiver’s possession.
I.C. § 32-29-7-11(a). This statute does not include the right to sell the mortgaged property at a private sale. See Ross v. State, 729 N.E.2d 113, 116 (Ind. 2000) (holding that “[w]hen faced with a general statute and a specific statute on the same subject, the more specific one should be applied”), superseded on other grounds as stated in Mills v. State, 868 N.E.2d 446 (Ind. 2007).
Every defendant in a mortgage foreclosure action has the right to redeem its property by paying off the amount due at any time before the property is sold at a sheriff’s sale. I.C. § 32-29-7-7. The Appellees argue that by granting the receiver over Tippecanoe the authority to sell the property at a private sale, without Tippecanoe’s consent and before a sheriff’s sale could be held, the trial court essentially stripped Tippecanoe of its statutory right of redemption.
The only “sale” contemplated by the statutes governing receiverships over mortgage property is a sheriff’s sale. I.C. §§ 32-29-7-3, -4, -7, -8, -9, -10. Thus, all property owners are entitled to redeem their property up to the date on which their property is sold by the sheriff. See also I.C. § 32-29-1-3 (prohibiting a mortgage instrument from authorizing the mortgagee—i.e., the bank—from selling the mortgaged property); Ellsworth v. Homemakers Fin. Serv., Inc., 424 N.E.2d 166, 169 (Ind. Ct. App. 1981) (holding that “[a] mortgagee is not permitted to sell mortgaged premises, but such sale shall be made by judicial proceeding” and that “[t]he judgment of foreclosure shall order the mortgaged premises sold by the sheriff”). It must be true, therefore, that any receiver charged with preserving and maintaining mortgaged property must do so through the date of the sheriff’s sale and may not sell the real property prior to that time without the owner’s consent. By giving the receiver herein the authority to sell the Tippecanoe property prior to a sheriff’s sale and without Tippecanoe’s consent, the trial court stripped Tippecanoe of its statutory right of redemption.
Wells Fargo does not dispute any of the Appellees’ arguments in this regard. Instead, it argues that Tippecanoe waived its right of redemption by executing the Mortgage, which provides that “Mortgagor . . . waives, releases, relinquishes and forever foregoes all rights and periods of redemption provided under applicable law.” Appellants’ App. p. 170. Given this express contractual waiver, Wells Fargo argues that the trial court did not err in its award of powers to the receiver.
Wells Fargo directs our attention to our Supreme Court’s decision in Ferguson v. Boyd, in support of its waiver argument. 169 Ind. 537, 81 N.E. 71, 74 (1907). In Ferguson, our Supreme Court found that the “right of redemption may subsequently be lost to him by a fair contract which he has voluntarily entered into for the surrender of such right.” Id. (emphasis added) As Scatterfield points out, however, in Ferguson, the mortgagor waived the right of redemption after default had already occurred—an important distinction, inasmuch as Indiana courts have regularly refused to find waiver of the right to redemption when the waiver is signed before default. See Fed. Loan Bank of Louisville v. Schleeter, 208 Ind. 9, 193 N.E. 378, 379-80 (1934) (finding that it was “well settled that conditions in a mortgage tending to limit or defeat the right of redemption are void”); Turpie v. Lowe, 114 Ind. 37, 15 N.E. 834, 840 (1888) (holding that the right of redemption “’cannot be waived or abandoned by any stipulation of the parties at the time, even if embodied in the mortgage’” and that “’[t]his is a doctrine from which a court of equity never deviates’”) (quoting Peugh v. Davis, 96 U.S. 332, 337 (1877)).
Here, Wells Fargo is attempting to enforce a waiver that was executed before the default occurred. Pursuant to the caselaw cited herein, we find that this waiver may not be enforced. Therefore, the trial court erred to the extent that it gave the receiver over Tippecanoe the authority to sell the property at a private sale without Tippecanoe’s consent, and we remand with instructions to amend the receivership order accordingly.
BAILEY, J., and ROBB, J., concur.