Frequently Asked Questions
Effective September 11, 2008
(127th General Assembly)
(Substitute House Bill Number 138)
Summary of Changes To Law:
To amend sections 323.25, 323.28, 323.47, 2303.11, 2323.07, 2327.01, 2327.02, 2329.17, 2329.18, 2329.19, 2329.23, 2329.26, 2329.27, 2329.30, 2329.31, 2329.36, 2703.26, 5309.64, 5721.18, 5721.19, and 5723.01 and to enact sections 2323.06, 2329.191, 2329.271, 2329.272, and 2703.141 of the Revised Code to require purchasers of real property at a judicial sale to provide certain identifying information, to require purchasers to pay the balance due on the purchase price within thirty days of the confirmation of the sale, to allow municipal corporations to conduct inspections of property subject to a writ of execution, to require judicial sales to be confirmed within thirty days of sale, to require officers who sell real property at a judicial sale to file a deed within fourteen days of payment of the balance due on the purchase price, to authorize courts and county boards of revision to transfer certain tax delinquent lands subject to judicial foreclosure without appraisal or sale, to permit a summary property description to be read at a judicial sale, to allow the courts to perform mediation in an action for the foreclosure of a mortgage, and to offer property that did not sell at a judicial sale to a political subdivision before forfeiture to the state.
Changes Effecting Sale:
All those who wish to purchase any sheriff’s sale must first complete a “Purchaser Information Sheet.” The information must be obtained at the time of the sale, shall be part of the sheriff’s record of proceedings and shall be part of the record of the court of common pleas. The information is a public record and open to public inspection. It must be complete and legible or it will be returned. Failure to provide the following information at the time of the sale may nullify the sale and cause the purchaser to be in contempt.
Q – Where and when are Sheriff’s Sales held?
A – Sheriff sales are conducted at the Coshocton County Common Pleas Courthouse, located in downtown Coshocton, on the first floor hallway. Sales are held on Friday’s at 10:00am.
Q – Do properties have to bring a set amount before they are sold?
A – Yes, the property must bring at least two-thirds (2/3rds) of the appraised value or it cannot be sold.
Q – What are the terms of sale?
A -TERMS OF SALE: IF THE PROPERTY APPRAISED UP TO $10,000.00, A DEPOSIT OF $2,000.00 IS REQUIRED. IF THE PROPERTY APPRAISED OVER $10,000.00 BUT LESS THAN $200,000.00, A DEPOSIT OF $5,000.00 IS REQUIRED. IF THE PROPERTY APPRAISED OVER $200,000.00, A DEPOSIT OF $10,000.00 IS REQUIRED. BALANCE DUE UPON RECEIPT OF DEED.
BIDDING WILL START AT TWO-THIRDS OF THE APPRAISED VALUE FOR THE FIRST SALE DATE. NO MINIMUM BID IS SET FOR THE SECOND SALE DATE.
Q – Do you take sealed bids?
A – Unless ordered by the Court, the sale must be a public sale. You or your agent must appear to bid. All bidding is done at the sale. No prior or sealed bids are taken. There is no prior registration. Make sure you can meet the terms of sale. This is a Court Order. If the sale is not completed, you are subject to being held in contempt of court.
Q – What about liens and taxes?
A – The Sheriff’s Office does not have information on liens and taxes. It is the responsibility of the prospective purchaser to check into properties for back taxes, delinquent utility bills, liens and/or additional costs. You are urged to consult an attorney if you have questions. The Sheriff’s Office cannot give legal advice.
Q – When do we get keys to the property?
A – The Sheriff’s Office does not have keys for the houses. The new owner is encouraged to get a locksmith to enter the house and change the locks after the house has been vacated. It is unknown who may have the keys to the house or how many there might be. This is for your protection. A buyer is not entitled to possession until after the sale has been confirmed.
Q – How long does it take to get the deed?
A – The attorneys prepare the deed. It usually takes 6-8 weeks. When we receive the deed we will call the buyer to come in with the balance due.
Q – Can I go through the property?
A – No. The property is owned by the defendant until the sale has been confirmed by the court. We have no access to the interior of the houses for sale. The property IS NOT available for tours or inspections prior to the sale. Persons on private property without the owner’s or occupant’s consent are trespassing. The purchaser gets the property “as is” or “buyer beware”. The Sheriff’s Office makes no warranty or guarantee on any property.
Q – When can I go into the property?
A – You may enter the property once the court has confirmed the sale, you have paid for the property in full and you have received the deed and the deed has been recorded and conveyed. Until that time, you may not enter the property, change the locks, have occupants removed, mow the yard, etc.
Q – What happens if the property is occupied?
A – After the confirmation has been filed, you have paid in full and received your deed and have recorded and conveyed the deed, you may contact the occupants and advise them they need to vacate the premises. If they still refuse then the buyer needs to file a writ of possession with the Coshocton County Clerk of Courts and in turn the Coshocton County Sheriff’s Office will serve the occupants with an order to vacate. If they still refuse to vacate, the buyer then needs to contact a moving company and a lock smith and the moving company will move out the old occupants at the buyer’s expense. The Sheriff’s Office will stand by if this occurs, but usually the occupants leave prior to filing with the Clerk’s Office.
Q – How can my mortgage company appraise the property for my loan?
A – The Sheriff’s Office does not have the authority to order the defendant to let someone inside. The mortgage companies in this area are aware of the problems trying to appraise without going inside. The buyer must contact the mortgage company to work out those details.
Q – Who schedules the closings?
A – The Sheriff’s Office does not attend closings. It is the responsibility of the purchaser or the purchaser’s agent to pay the balance due in full when contacted by the Sheriff’s Office. When the balance is paid, the purchaser will receive a Sheriff’s Deed, which must then be recorded.