PROPERTY TAX SALES
PLEASE NOTE THAT THE SHERIFF'S DEPARTMENT DOES NOT HANDLE THE SALE OF PROPERTY FOR NON-PAYMENT OF PROPERTY TAXES. FOR INFORMATION ON THOSE SALES, PLEASE CALL THE OFFICE OF THE TREASURER AT 740-533-4303.
REGARDING COVID19: AT THIS TIME, THERE IS A SALE SCHEDULED FOR APRIL 17, 2020. IT WILL BE HELD OUTSIDE THE DOOR OF THE COURTHOUSE AT THE 5TH STREET ENTRANCE. IF THERE IS A MANDATORY CHANGE IN PLAN, THAT WILL BE POSTED HERE.
The Sheriff's Sale of real estate is unique in several ways.
The Sheriff does not guarantee the status of the title prior to the sale. If you want to make sure you will have a clear title to the property following the sale, you will need to have a Title Search done prior to bidding. Your attorney should be able to take care of this for you.
There has been no inspection of the interior of the premises, the Sheriff is not liable for the condition of the property prior to the Confirmation of the sale and there is NO opportunity for interior inspection at any time through the sale process. If you are thinking about financing your purchase through a lending institution an appraisal of the interior for mortgage purposes is not possible. Your bank must be aware of this.
There is no "closing date" on Sheriff's Sales. There is no time at which the Deed and the money change hands. The entire amount of the purchase price must be on deposit with the Sheriff within 30 days of the date of sale. A Deed is not available until some time after that. The lending institution must be willing to part with the money without being able to place a lien on the property at that time.
If you are the successful bidder at the Sheriff's Sale, that is a legally binding agreement upon you. Failure to follow through with the sale may result in a Contempt of Court charge against you. In addition to losing your deposit, you will have to pay any costs for reappraising and/or readvertising the property as well as the difference in the sale price, plus interest, if the property sells for less than you promised to pay initially.
As far as the actual auction goes, that works the same as any other auction. It is held on a given Friday at 11:00 am at the Common Pleas Courthouse (as stated in the advertising). You do not have to register to bid but YOU MUST HAVE A DEPOSIT OF $2,000 for PROPERTY APPRAISED AT LESS THAN $10,000, A DEPOSIT OF $5,000 FOR PROPERTY APPRAISED AT MORE THAN $10,000 AND LESS THAN $200,000 AND A DEPOSIT OF $10,000 FOR PROPERTY APPRAISED AT MORE THAN $200,000 IN YOUR HAND AT THE TIME YOU BID. YOU MAY BE ASKED TO SHOW IT. THIS DEPOSIT MUST BE IN CASH OR A CERTIFIED PAYMENT OF SOME KIND. I.E. BANK DRAFT. The Sheriff cautions people against carrying large sums of cash on their persons. If you obtain a bank draft or certified check and do not use it for the purpose for which you obtained it, the bank will redeposit it in your account. The instrument should be payable to the "Sheriff of Lawrence County."
In accordance with the law, a second sale date is advertised in the event that the property does not sell on the first date. There is no minimum starting bid at this second sale however, as with the initial sale, the purchaser shall be responsible for costs, allowances and taxes that the proceeds of the sale are insufficient to cover.
If you are the successful bidder, you may take legal possession of the property AFTER THE ENTIRE BALANCE OWING IS PAID AND THE CONFIRMATION ENTRY IS FILED WITH THE COURT BY THE ATTORNEY FOR THE PLAINTIFF. This filing of the Confirmation may take between four and eight weeks; longer if there are any errors in the submission. A Deed is not available for some weeks after that.
Please note that a complete legal description may be obtained through the Office of the Recorder.
The Sheriff does not guarantee the status of the title prior to the sale. If you want to make sure you will have a clear title to the property following the sale, you will need to have a Title Search done prior to bidding. Your attorney should be able to take care of this for you.
There has been no inspection of the interior of the premises, the Sheriff is not liable for the condition of the property prior to the Confirmation of the sale and there is NO opportunity for interior inspection at any time through the sale process. If you are thinking about financing your purchase through a lending institution an appraisal of the interior for mortgage purposes is not possible. Your bank must be aware of this.
There is no "closing date" on Sheriff's Sales. There is no time at which the Deed and the money change hands. The entire amount of the purchase price must be on deposit with the Sheriff within 30 days of the date of sale. A Deed is not available until some time after that. The lending institution must be willing to part with the money without being able to place a lien on the property at that time.
If you are the successful bidder at the Sheriff's Sale, that is a legally binding agreement upon you. Failure to follow through with the sale may result in a Contempt of Court charge against you. In addition to losing your deposit, you will have to pay any costs for reappraising and/or readvertising the property as well as the difference in the sale price, plus interest, if the property sells for less than you promised to pay initially.
As far as the actual auction goes, that works the same as any other auction. It is held on a given Friday at 11:00 am at the Common Pleas Courthouse (as stated in the advertising). You do not have to register to bid but YOU MUST HAVE A DEPOSIT OF $2,000 for PROPERTY APPRAISED AT LESS THAN $10,000, A DEPOSIT OF $5,000 FOR PROPERTY APPRAISED AT MORE THAN $10,000 AND LESS THAN $200,000 AND A DEPOSIT OF $10,000 FOR PROPERTY APPRAISED AT MORE THAN $200,000 IN YOUR HAND AT THE TIME YOU BID. YOU MAY BE ASKED TO SHOW IT. THIS DEPOSIT MUST BE IN CASH OR A CERTIFIED PAYMENT OF SOME KIND. I.E. BANK DRAFT. The Sheriff cautions people against carrying large sums of cash on their persons. If you obtain a bank draft or certified check and do not use it for the purpose for which you obtained it, the bank will redeposit it in your account. The instrument should be payable to the "Sheriff of Lawrence County."
In accordance with the law, a second sale date is advertised in the event that the property does not sell on the first date. There is no minimum starting bid at this second sale however, as with the initial sale, the purchaser shall be responsible for costs, allowances and taxes that the proceeds of the sale are insufficient to cover.
If you are the successful bidder, you may take legal possession of the property AFTER THE ENTIRE BALANCE OWING IS PAID AND THE CONFIRMATION ENTRY IS FILED WITH THE COURT BY THE ATTORNEY FOR THE PLAINTIFF. This filing of the Confirmation may take between four and eight weeks; longer if there are any errors in the submission. A Deed is not available for some weeks after that.
Please note that a complete legal description may be obtained through the Office of the Recorder.
PLEASE NOTE THAT EFFECTIVE WITH THE SALE ON JUNE 1, 2018: PUBLICATION AS REQUIRED BY LAW WILL BE IN THE IRONTON TRIBUNE NEWSPAPER. EACH SALE WILL BE PUBLISHED ON THREE CONSECUTIVE SUNDAYS STARTING NOT LESS THAN 30 DAYS PRIOR TO THE SALE DATE. THE SALES ARE HELD ON FRIDAYS.
THE LISTS OF SALES ARE AVAILABLE BOTH ON THE WEBSITE AND IN THE SHERIFF'S OFFICE LOBBY AT 115 SOUTH 5TH STREET, IRONTON, OHIO.
FORECLOSURE SALES
PLEASE NOTE: AT THIS TIME, THE PROTECTING TENANTS ACT IS NOT IN EFFECT. LEGISLATION IS CURRENTLY UNDER REVIEW AND MOVING THROUGH PROCESS.
PROTECTING TENANTS ACT
A letter dated June 19, 2009, from Ohio's Attorney General, Richard Cordray, to the Sheriff of Lawrence County, outlines for us the protections established for tenants of properties that have been foreclosed upon. For your information, the pertinent remarks are quoted herein:
"The Protecting Tenants at Foreclosure Act allows any renter living in a residential property that is sold at a foreclosure sale on or after May 20, 2009 to remain in the home for at least 90 days. The law also requires that a tenant with a current lease can remain until the lease expires; the lease can only be terminated early if the new owners are going to make the property their primary residence. Even then, 90 days notice must be given.
The only exceptions to the protections in the new law are for leases entered into with the mortgagor who was foreclosed on (or their children, spouse, or parents); leases that are not the product of an arms length transaction; and leases for a rental amount that is substantially less than fair market value. Congress also provided that the protections of the law last only until December 31, 2012, at which point they are terminated."
NOTE: Permanently Protecting Tenants at Foreclosure Act of 2015
This bill amends the Protecting Tenants at Foreclosure Act of 2009 to repeal its sunset date December 31, 2014 (thus making the Act permanent).
This bill restores and revives such Act, the provisions of law amended or repealed by it, and any regulations promulgated pursuant to it, as were in effect on December 31, 2014, as if the sunset had not taken effect.
PER https://www.congress.gov/bill/114th-congress/house-bill/1354