Sheriff Sales FAQ's

 

 

 

 

This page was created to assist the citizens of Delaware County with questions frequently about Sheriff's Sales 

 

 
Frequently Asked Questions:

When can we see the house?

We have no access to the interior of the houses for sale. No arrangements may be made for an internal inspection of the properties. You are urged to check out the property as best you can.

The County Auditor can provide a printout on the property showing the numbers and types of rooms (also available on the Auditor's web page, www.co.delaware.oh.us/auditor/index.htm.

Sales are BUYER BEWARE.

You are urged to consult an attorney.

How does the sale work? Do you take sealed bids?

By law the sale must be a public sale, unless ordered by the Court. The sales are held on Wednesdays at 10:00 a.m., at the Rutherford B. Hayes Service Building, located at 140 N. Sandusky Street.

You or a representative must appear to bid. All bidding is done at the sale. No prior or sealed bids are taken. It works the same as any auction.

There is no prior registration. Make sure you can meet the terms of the sale. Have your deposit at the sale. If you do not have the full deposit amount at the time of sale, the sale is invalid. Have your bank check made out to yourself; you can then easily redeposit it in the bank if you are not the successful bidder.

Caution, this is a Court function; if the sale is not completed, you are subject to being held in contempt of court.

What happens to liens on the property?

The Sheriff's Office can not and does not guarantee a title to be free and clear of liens.

It is recommended that the County Recorder's Office and the County Clerks Office be checked for possible liens.

Also check with an attorney if you have questions.

The Sheriff's Office does not have lien information, outside of what is included in the Court Order of Sale.

Will I have to pay any more money?

All costs are deducted from the sale proceeds.

You may have to pay for fees associated with filing your Deed, including transfer taxes.

Check with the Auditor and Recorder about these fees.

Only Real Estate taxes due are paid from the sale proceeds.

In Ohio real estate taxes are paid a year behind. The next Real Estate tax bill you receive will be for the previous year, and you will be paying the tax for a period of time you did not own the property.

What if someone is living in the house?

If someone is living in the house and will not vacate, the Sheriff's Office will remove them on issue of a "Writ of Possession," only after you file your deed and are the owners of the property.

You or your attorney must file a "PRAECIPE" with the Clerk Of Courts to get the "Writ of Possession" issued.
You may be responsible for providing manpower to set out their belongings. We do not have manpower to move belongings.

Again you should consult an attorney.

When do we get the keys to the property?

The sale is not final until the Judge signs a "Confirmation". The Defendant can redeem his property until the "Confirmation" is signed. If this happens, you will get your deposit returned.

We must receive a "Judgment Entry" that the sale is set aside, and to return the deposit.

You are not the owners until you file your deed. When we receive the "Confirmation" we will call you. The "Terms of Sale" usually give you 30 days from the Confirmation to pay the balance and pick up your deed.

The Plaintiff's Attorney prepares the 'Confirmation" and submits it to the Judge for review and signing.
This process has taken between 30 to 60 days or longer. If you are in a hurry, you may be disappointed.

We do not get keys for the houses. You are encouraged to get a locksmith to enter the house and change the locks.
It is unknown how many, or who might have keys to the house. This is for your security.

Again you should consult an attorney.

A final warning!

Large amounts of money are involved.

Sales are Buyer Beware.

You are responsible for checking out the property and judge for yourself if it is suitable for the purpose you intend.

Consult an attorney if you are in doubt.