SHERIFF’S SALE OF REAL ESTATE

 

(The Following are “ Generalities” to be used as a “Guideline” ONLY!)

 

You must contact your personal attorney for legal advice regarding the Sheriff’s sale of the real estate.

 

Note: Buildings located on the real estate are not available for inspection prior to the Sheriff’s sale of the real estate – neither by the Sheriff NOR the Plaintiff.

 

All sales are at Caveat Emptor (“let the buyer beware”), and no warranties are expressed or implied. The Sheriff’s Office does not guarantee a clear title to any property. Check the court file located in the office of the Clerk of Courts, First Floor or the Lorain County Justice Center for the title report.

 

Sheriff’s sale of real estate takes place in the Commissioners Hearing Room, Lorain County Administration Building, 4th Floor, Elyria, Ohio on most Wednesdays beginning at 10:15 A.M. Sales are conducted by verbal auction with the property sold to the highest bidder. The final bid that is accepted by the Sheriff results in a legally enforceable Contract under Ohio Law.

 

When appraised, most are done from the outside of the buildings as neither the Sheriff nor the appraisers can forcibly enter a home to appraise it.

 

Real estate cannot be sold for less than 2/3 of its’ appraised value, unless it is otherwise stated in the newspaper advertisement for such sale. However, real estate that is sold by the Lorain County Treasurer is sold for real estate taxes due & court cost due at the time of the sale.

 

PLEASE NOTE:   THE PURCHASER TO PAY CURRENT AND DELINQUENT REAL ESTATE TAXES PRIOR TO THE ISSUANCE OF THE SHERIFF'S DEED.  PLEASE TAKE THIS INTO CONSIDERATION WHEN BIDDING. 

 

Payment for real estate purchased at the Sheriff’s sale may be made by personal check, certified check or cash at the time of sale as follows:

 

1.      Bidding must be limited to $ 100.00 increments or multiples there of.

2.      Bids that are less than $ 1,000 requires full payment of the sale price.

3.      Bids between $ 1,000 & $ 10,000 require payment of $ 1,000 towards the sale price.

4.      Bids over $ 10,000 require payment of 10% of the sale price.

 

The balance that is due must be paid by Bank Check only (no personal checks accepted for balance). The unpaid balance of the purchase price shall be due and payable to the Sheriff within 30 days from the date of the sale but also being subject to the confirmation order. See office staff for further details. The purchaser shall be required to pay interest on said unpaid balance at 10% per annum from the date of the confirmation of the sale to the date of payment of the balance unless the balance shall be paid within 8 days from the date of confirmation of sale, otherwise the purchaser may be adjudged to be in contempt of court.

 

If you cannot complete the purchase for any reason, you may be cited for Contempt of Court, which could result in a substantial amount (perhaps all) of your payment (or more) assessed to cover court cost, etc.

 

CHECKSPlease take note that any checks that are returned for insufficient funds could result in criminal charges. 

 

All individual or business’s that submits a check to the Lorain County Sheriff that is returned for insufficient funds will be required to pay in cash or by certified bank check for any future purchases.  Purchases by certified bank check that are above the purchase price will have the difference applied to the final balance upon the confirmation of the sale. 

 

All real property to be sold at the public auction may be subject to a Federal Tax Lien that might not be extinguished by the sale. You are urged to search the Federal Tax Lien index that is kept by the County Recorder in the Administration Building, 1st Floor to determine if such a lien has been filed.

 

The minimum bid price for real estate sold at the Sheriff’s sale consists of court costs & deed and DOES NOT include real estate taxes that are due and unpaid as of the date of the Sheriff’s sale. The debtor has the right of redemption of the property until confirmation of sale is signed by the judge and filed by the court.

 

Upon receipt of the deed, if persons are still living on the premises whom you do not wish to remain, and they will not leave upon your request, you may wish to proceed with steps to secure an eviction through the Municipal Court having jurisdiction or post a fee to the Common Pleas Clerk of Courts & request a Writ of Possession (Restitution). If you request a Writ of Possession (Restitution) & the person(s) do not voluntarily move, you will be required to have a mover move & place the personal property into storage in Lorain County.

 

The Sheriff’s deed given to the successful bidder must be filed for record with the Transfer Office of the Lorain County Auditor & then with the Lorain County Recorder. Please note that fees will be charged by the Auditor & Recorder for their services.

 

SHERIFF GUIDELINE ADDITION

 

 

The Sheriff’s Department relies on information submitted to it by the Plaintiff in preparation for the Sheriff’s sale and deed.  It is the purchaser’s responsibility to check the real estate and its legal description for any encroachments and/or deficiencies in order that the Sheriff’s deed complies with the Standards for Land Conveyances in Lorain County.  Copies of these Standards for Land Conveyances are available in the office of the Lorain County Auditor.

 

Tax cases have a minimum bid that is established before the sale date.  They are not appraised and the dollar amount you see in the newspaper or website is only for the back taxes and does not include court costs.