Sheriff Sales

//Sheriff Sales
Sheriff Sales 2017-04-19T12:18:25+00:00

Sheriff Sales in Ottawa County are only held on Friday mornings at 10:00 am in Room 100, First Floor of the Ottawa County Courthouse. Full legal advertisements are also only published in the Friday edition of the Port Clinton News Herald.

ATTENTION-THIS PUBLICATION IS PROVIDED AS A COURTESY ONLY. Information contained should not be considered a full legal description or offering or binding in anyway. Full legal descriptions may be found at the Ottawa County Recorder’s Office in the courthouse, located at 315 Madison St., Port Clinton, OH. We are not responsible for errors/omissions; use this publication at your own discretion and risk.

NOTICE: Pursuant to Substitute House Bill 390 which will take effect on all order of sales issued by the court on or after September 28, 2016, please note the following changes:

  1. Deposit are as follows based on appraised values:
    Less than $10,000 a deposit of $2,000 is required.
    $10,000-$200,000 a deposit of $5,000 is required.
    Greater than $200,000 a deposit of $10,000 is required.
  2. Judgment Creditors ONLY may now submit a remote bid to the Sheriff’s office via email www.civil@ottawacountysheriff.org or fax 419-734-6981. The Remote Bid of the Judgment Creditor must be a fixed amount delivered to the Sheriff’s Office at the designated email/fax address prior to 4:30 the business day before the sale. The Sheriff’s Office shall confirm receipt of the bid via email or fax to the judgment Creditor who entered the bid prior to the sale. Results of remote bids and the sale will be posted on the Ottawa County Sheriff’s website no later than the close of business on the day of the sale. Remote bidders must provide their Purchase Information Form when they email or fax their bid. EMAIL IS STRONGLY ENCOURAGED FOR REMOTE BIDS.
  3. If a property remains unsold after the first sale, a second sale shall be held and the property shall be sold to the highest bidder with no minimum bid but subject to ORC 2329.21 relating to costs, allowance and real estate taxes. The possible second sale will be specified in the original advertising of the property.
    **For a complete copy of the 131st General Assembly Substitute House Bill 390, please visit the Ohio General Assembly Website www.legislature.ohio.gov.

PLEASE NOTE: THE PROPERTY BELONGS TO THE DEFENDANT UNTIL IT IS SOLD, THE SHERIFF’S OFFICE CANNOT ARRANGE ENTRY TO LOOK AT THE PROPERTY BEFORE THE SALE.

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A current listing of properties subject to Sheriff sale is available for download in Adobe (.pdf) format.

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ATTENTION – THIS PUBLICATION PROVIDED AS A COURTESY ONLY, INFORMATION CONTAINED SHOULD NOT BE CONSIDERED A FULL “LEGAL” DESCRIPTION OR OFFERING OR BINDING IN ANY WAY. SEE LEGAL AD PUBLISHED IN PORT CLINTON NEWS HERALD FOR FULL LEGAL DESCRIPTION AND DETAILS. NOT RESPONSIBLE FOR ERRORS/OMISSIONS, USE THIS PUBLICATION AT YOUR OWN DISCRETION AND RISK.

Frequently Asked Questions

Sheriff Sales are a sale of real estate ordered by the Court to satisfy a Judgment Entry against a Defendant. The proceeds of the Sale will be used to satisfy a debt to the Plaintiff. Usually this happens when a Defendant defaults on a Mortgage or Loan Payment. Until the Sheriff receives the “Order of Sale” from the Court, they are not involved in any of the foreclosure or court proceedings. After the Order of Sale is issued, the Sheriff merely acts as an arm of the court to appraise, advertise and sell the property. The Civil Deputy executing the sale cannot act as a real estate agent, loan officer, title or lien examiner or attorney. Questions regarding legal issues and Sheriff Sales should be addressed to an attorney or legal professional. All Sheriff Sales are “Buyer Beware” and all property sold “As Is”. Regulations governing Sheriff Sales can be found in the Ohio Revised Code and local Court Rules.
Sales are advertised for 3 consecutive weeks (always on Fridays), in the Port Clinton News Herald and the Beacon. A Sheriff Sale list may also be picked from the Sheriff’s Office on the 3rd floor of the Courthouse. Additionally, the list is available for download on our webiste. When the list is updated, new sales are added to the end of the list and selling prices are listed for properties as they are sold.

The property belongs to the defendant until it is sold, the sale confirmed by the Court, and deed is recorded. People may still be living in these homes so you CANNOT trespass on the property. Understand your bank may say they need an inside appraisal done, this CAN NOT be done. You will need to have your financing in order prior to the sale as you will only have 30 days after the confirmation of sale to pay the balance due. The Sheriff Deputy has no contact or information on the Defendant or on the condition or layout of the house. The Sheriff’s Office does not have keys to the house.

Three independent real estate agents are taken to the property to determine a fair market value of the home. Often a walk-through of the home is not possible. The Ohio Revised Code requires only that three free holders of the County impartially appraise the property at its true value in money. Bids start at two-thirds of the appraised value and it cannot be sold for less than that unless ordered by the Court.
Sales are held on Fridays at 10:00 a.m. in Room 100, first floor of the Ottawa County Courthouse. No pre-registration is necessary, just appear at 10:00 a.m. and bid if you so desire. Have your financing in order before you bid! All successful bids are legally binding offers to purchase that property, and failing to complete the sale can result in contempt of court actions.
At 10:00 a.m. a list of any properties withdrawn from sale is read. Then the Deputy will read the specifics of the property for sale and open bidding at twothirds of the appraised value. If you wish to place a bid, simply verbally voice your bid out loud. The bid must be in whole dollar amounts. The Deputy will acknowledge the bid. If no further higher bids are received after acknowledging the bid three times, the property is declared sold to that highest bidder. The bank normally has a representative at the sale bidding to protect the bank’s interests.

The Sheriff’s office does not know how much this is or who is bidding for the bank, nor can the Sheriff’s Office help arrange a deal between the bank and another party.

10% of the successful bid is due at the time of sale. This must be cash or bank check. Personal checks are not accepted. Sometimes people bring a bank check for an amount they expect to need, and cash to make up the difference. If a bank check is for more than 10% of the selling price, the entire amount will be deposited and applied to the purchase price. Checks are to be made to the “Ottawa County Sheriff’s Office”. If you have PRIOR arrangements with a local bank and must leave to get the money and will be back within an hour or so, this will be permitted at the Deputy’s discretion. (If problems arise with allowing this, the practice may be discontinued without notice.) The Deputy will receipt the 10% deposit and record the name/address of the bidder and the name/address to be drawn on the deed. The buyer will receive a receipt of his deposit. Please have the information for the deed with you, as hat information will be filed with return of the sale to the court.
A return is made to the Court by the Sheriff’s Office affirming the facts of the sale and the buyer information. The Plaintiff’s attorney prepares an “Order of Confirmation” and submits it to the Court to be signed by the Judge. Until the Order Confirming Sale is signed and filed with the Court, and the Notarized deed is signed by the Sheriff giving you title, you have no right to enter or move-in to the property. Confirmation of the Sale usually takes thirty days but can take less or more time. Liens of record are usually addressed and/or released in this order, but a title exam is usually a good idea to guarantee all liens are properly addressed and/or released from the property you are buying. Again, this is the buyer’s responsibility; the Sheriff’s Office has no information on these issues.
The order confirming sale directs what the Sheriff is to pay out of the proceeds. Normally paid are Clerk of Court costs (including Sheriff Fees, Appraiser fees, advertising costs, etc….), delinquent taxes, ; and possibly sanitary engineer outstanding bills, and the remaining balance is paid to Plaintiff. It should be noted that in regards to sanitary engineer billing, they certify only outstanding bills up to the day of sheriff sale. The buyer may be required to pay minimum billing for the months following the sale until the deed transfers. The plaintiff’s attorney prepares this Order and the dollar amounts included may or may not be accurate as of the time of confirmation. It is recommended the buyer be aware of what is being paid and what is owed in delinquent taxes, delinquent utility bills and other outstanding costs that they may be liable for if left unpaid. An attorney can advise on steps you may take to prevent this, these steps may include contact with plaintiff’s attorney to verify what is being requested in the Order of Confirmation and/or filing a request with the Court for further items to be paid from the proceeds before the remaining balance is turned over to the Plaintiff. The Sheriff’s office simply pays out what is ordered by the Court and cannot give advice on what should or should not be paid.
You will be notified when the Sale is confirmed. When this is ready, you will bring in the remaining balance due and at that time, or within 30 days. You will be notified when the deed is ready for pick up. When you receive the deed it has already been properly filed and recorded and you have legal right to the property. This is a simple exchange and not a “Closing” as done with financial institutions.
Again, these questions are best answered by an Attorney as they are civil related remedies. A “Writ of Possession” may be filed with the court (check Common Pleas Clerk’s Office for fees required to do this). This Writ will order the Sheriff to take possession of the property and turn it over to the new buyer. Typically it is not necessary to go to this extreme and expense. Measures can be taken by the buyer to notify the current residents that the property has been sold and they can usually work out an agreement that they will vacate by a certain date. A copy of the Judgment Entry and the Order Confirming Sale is often useful if provided to the current resident. Writ of Possessions are applicable to the Defendant only, and if there are tenants renting the property, this becomes a civil landlord-tenant issue that must be remedied in other ways. Again, the Sheriff’s Office cannot give you legal advice. It only executes Orders of the Court that direct them to do a specific action.