An initial deposit as listed on the sale sheet is due at the time that the final bid is accepted. If you DO NOT have the required deposit with you right now, in either cash, certified check, or money order, please do not bid, as you will not be permitted to get the deposit after the sale, and your bid will be rejected.
The sheriff’s deed, recording costs, and fees will be added to the purchase price and the deposit will be applied to that total. The balance of the purchase price will be added to the purchase price and recording fees is due and the payable confirmation of sale, normally within 30 – 45 days.
The real estate taxes paid from the proceeds will be prorated to the date of sale. You may be responsible for some assessments that are not yet part of the tax bill and you will be responsible for any and/or sewer bills attached to the property.
If you are here to bid on a Treasurer Property, and you are an immediate family member to the Defendant (spouse\child), per Ohio Law you must pay the entire amount of delinquent taxes and Court Costs in full. If you are a family member and purchase for less than the amount owed, you will be required to sign an affidavit saying you are not immediate family.
The successful bidder must present proper identification and complete the required Purchaser Information Form at the time of sale.
Failure to pay for a property will result in loss of deposit, contempt of court charges begin filed against the purchaser, and any other sanctions or costs imposed by the court.
All property sold at Sheriff’s Sale is sold on an “as is” basis and there is no warranty or guarantee.
We won’t be reading any legal descriptions as they are available in the Recorder’s Office.
Sheriff’s Sale information and listings are available in our office at 333 North Main Street, on our website www.acso-oh.us, and in the Sunday edition of The Lima News Classified Section. The Allen County Sheriff’s Office makes every effort to provide information to the public but only limited information is available over the phone. Understand that the Allen County Sheriff’s Office acts in the capacity as an agent for the sale of real estate (properties) in compliance with a court order. Properties are appraised by independent appraisers, advertised, and sold at public auction. If you are interested in the legal description of the property you can obtain it at the Allen County Recorder’s Office, 301 N. Main Street, Rm 204, Lima, Ohio 45801. For questions of a legal nature, contact a legal advisor.
Below you will find answers to the most frequently asked questions, about the Sheriff’s Real Estate Sale. If you have other questions you can contact our office at (419) 993-1408.
By law, the sale must be a public sale, unless otherwise ordered by the Allen County Common Pleas Court. Sales are held on Wednesdays at 11:00 a.m., unless otherwise noted, on the second floor steps of the Allen County Courthouse, 301 N. Main Street, Lima, Ohio. You or a representative must appear to bid. All bidding is done at the sale.
The successful bidder must pay a deposit of:
a) $2,000 if the property’s appraised value is $1 to $10,000
b) $5,000 if the property’s appraised value is $10,001 to $200,000
c) $10,000 if the property’s appraised value exceeds $200,000
d) Deposits on Treasurer Sales will very. Please check newspaper ad or website listing.
If the deposit is not immediately available, bidding will continue with the next highest bidder until a successful bid is reached with the deposit. All deposits must be a cashier’s check, money order, or cash.
You must also fill out the Purchaser Information Form (PDF) at the time that you make your deposit. No prior or sealed bids are taken and no prior registration. Make sure you can meet the terms of sale. Caution: This is a court function; if the sale is not completed, you are subject to being held in contempt of court.
No. Properties purchased at Sheriff Sale are not available for inspection. The defendant in a foreclosure action is still the legal owner of the property. The Allen County Sheriff’s Office does not have keys for the properties that are being sold and has no access to the interiors. No arrangements may be made for an internal inspection of the properties. Any attempt to view the property without the owner’s permission can be a violation of the Criminal Trespassing law of the Ohio Revised Code. The bank or lending company should be contacted with any questions about an inspection of the property. The Allen County Auditor can provide a printout on the property showing the numbers, and types of rooms, etc. Sales are “buyer beware.” You are urged to consult an attorney.
The Allen County Sheriff’s Office does not guarantee a clear title. A title search is recommended.
Liens are marshaled (placed in order and paid in order) and paid from the sale proceeds. A Deficiency Judgment is granted to the Plaintiff (lien holder) against the Defendant (homeowner) if enough money is not generated at the sale. The liens are then canceled against the property. The exception is a Federal Lien, which would be on file at the Allen County Recorder’s Office. You are urged to check out any liens, and consult an attorney if you have questions. We do not have lien information at the Allen County Sheriff’s Office.
As defendant, you have redemption rights up until the confirmation is filed. The average time for a confirmation to be filed is approximately 30 days from the sale date. This means that if you pay off your mortgage, and the court costs associated with the foreclosure action, or acquire new financing you can keep your home. Once the confirmation is filed, you no longer have a right to redeem and the purchaser is awarded a writ of possession. However, some confirmations contain language to award the writ immediately upon filing of the confirmation, others may require that the property is paid for and the deed recorded before the writ can be filed. This gives the purchaser the right to file paperwork to have the Sheriff notify you to vacate.
The purchaser may allow you to continue to live in the property or may file for the Sheriff to give you notice to vacate. Consult with an attorney to address legal questions arising from your relationship as a renter/lessee with the defendant in the case.
You are free to deposit funds in excess of the minimum amount provided the amount does not exceed the purchase price and recording costs. Any overage will be refunded.
The cashier’s check is to be made payable to Allen County Sheriff’s Office.
A Foreclosure action that results in the actual sale of the property by the Sheriff is a lengthy process. Key steps in the Process are as follows:
Complaint Filed: The matter is brought before the court. A Property Description Approval Form (PDAF) is filed to be sure that the correct legal description is attached to the complaint. This assures that the correct property is being foreclosed upon.
Judgment Entry Filed: Judgment(s) are granted and the property may be sold to recover judgment amounts, typically filed 3-5 months after being filed.
Precipe Filed: This order directs the Sheriff to advertise and sell the property according to the court terms in accordance to the terms of the Ohio Revised Code. The Sheriff cannot authorize an extension of these terms.
Public Auction: The property is auctioned at Sheriff Sale. Purchasers must be prepared to deliver the deposit at the time that the bid is accepted. If the deposit is not available the bidding will be re-opened until a successful bidder is found that has the required deposit. The successful bidder will file the Purchaser Information Form (PIF) at the same time as the deposit.
Confirmation Filed: This order names the purchaser, orders the deed preparation, the distribution of proceeds, orders lien cancellations, etc., and awards the purchaser the right to file for a writ of possession should anyone be occupying the property. This confirmation process typically takes approximately 30 days and the balance of the purchase price is due at this time. Failure to complete the sale will result in forfeiting the deposit and being held in contempt of court.
Deed Recorded: The Ohio Revised Code makes the sheriff’s office the agent of the purchaser for the purpose of accepting recording the deed. The deed will be recorded within 14 business days of receiving all of the purchase funds due. The fees for this process will be deducted from the deposit placed by the purchaser at the auction.
*Records for all foreclosure cases can be found at Common Pleas Clerk of Courts Civil Division, located at 301 North Main Street, 2nd floor. Or you can access information through their website: http://clerkofcourts.allencountyohio.com/.
Search options with the Clerk of Courts are by defendant name, or case number. With this information visit the auditor’s website at http://www.allencountyohauditor.com to search.
Until a precipe is filed, the property will not proceed to sale. Properties are set for Sheriff Sale after the date of precipe.
The property was probably withdrawn or a bankruptcy was filed which puts a hold on sale proceedings. You can verify this by checking the Allen County Clerk’s website. It may also have been the final week of advertising.
The confirmation awards the purchaser possession of the property. Until it is filed, any investment in the property is risky for two reasons; first, you do not yet own the property and have not been awarded a right to possession and second, the defendant can still redeem the property.
There are no keys for these properties.
The Allen County Sheriff’s Office has nothing to do with closing. The purchaser must arrange financing and closing.
The Sheriff’s Office appraisals do not qualify for bank loan appraisals. Therefore, it is recommended that lenders do their own appraisal once the property is vacated. Be reminded that the appraisers have no rights to an interior inspection of the property until after the confirmation.
If there is no distribution in your name in the confirmation filed, check the confirmation for funds to be held by the clerk. The Allen County Sheriff’s Office deposits all excess funds with the Allen County Clerk’s Office. In order to have the excess funds paid you must obtain an order from the court, signed by the judge assigned to your case, directing the clerk to disburse the excess funds to you.
The Auditor’s appraisal is done by law and is completed by a contract mass appraiser who appraises all property in Allen County for tax purposes. Appraisers appointed by the court only appraise the specific property being sold. An appraisal is an opinion of value and may vary widely.
A title company can present a certified or bank check payable to the Allen County Sheriff’s Office to pay off the balance of the purchase price. However, the Ohio Revised Code makes the Sheriff’s Office the agent for the purchaser for the purpose of recording the deed. This will be accomplished within 14 business days after the entire purchase price has been received by the Sheriff’s Office.
You can pay off the balance of the purchase at any time prior to the confirming entry being filed. A cashier’s check or money order payable to the Allen County Sheriff’s Office is required to pay the balance for a property purchased at Sheriff’s Sale. The Allen County Sheriff’s Office will not accept a company or personal check, or a credit or debit card for either the deposit or pay off balance.
Deposit refunds are set up for payment immediately upon receipt of the court order to set aside the sale and refund the purchaser’s deposit. Checks payable to more than one payee, must be signed for by all payees before the check will be released.
No. A cashier’s check or money order is required for all deposits at Sheriff’s Sale.
Failure to follow through with the purchase of a Sheriff Sale property may result in all or part of your deposit being forfeited. You may also face fines and jail time for being in contempt of court.
No. It is a public auction.
No. There is no registration required. You do, however, need proper picture identification at the time that your bid is accepted by the officer in charge of the sale.
Yes. Just insure that you provide the substitute bidder with your notarized power of attorney and the Purchaser Information Form (PIF). In addition, include a name and daytime phone number of someone to contact when the balance due becomes payable. Remember that if you are authorizing someone to bid for you, you are responsible for the purchase.
Since the only way deed information can be changed after the sale is by court order, making sure that the Purchaser Information Form (PDF) contains accurate information about how the property is to be deeded is very important. The recording of the deed may be delayed for failure to provide accurate information. You may change the information after the deed has been recorded by filing a new deed.
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. You will be responsible for obtaining the writ of possession from the Clerk of Common Pleas Court and for providing the manpower to set out their belongings or place them in storage.
Sometimes the property will be reappraised or a court order to reduce the amount of the starting bid will be obtained. The property may or may not be set for a subsequent sale.
Sale results available HERE the day after the sale. Sales are every Wednesday beginning at 11:00 A.M., 301 N. Main Street, except for holidays.
Tax sales are foreclosures filed by the Treasurer’s Office for delinquent taxes. They are intermingled with the regular weekly foreclosure sales. Allen County does not have an “over the counter” tax sales. Consideration is given to defendants in these cases and a much higher percentage of these properties are redeemed. A title search is recommended. On tax sales you may be required to pay more than the purchase price since the purchaser may be responsible for all taxes due and owed on a particular parcel, up to the point of confirmation. Tax sales are advertised for three consecutive weeks prior to sale. If they are not sold the first time offered, they are set for sale again two weeks later, but are not re-advertised. Some properties unsold after two attempts may be requested by the City of Lima under ORC 5722 and deeded to the City of Lima for the land bank.