Sheriff’s Sale

Real Estate Sales

General Information

When there are properties to be sold (current sale schedule), the Sheriff’s Office holds real estate auctions on Thursday  at 10:00 a.m. in the basement of the Administration Building located at 114 Governor Foraker Street Hillsboro, Ohio 45133 unless otherwise ordered by the Court.

There are no Sheriff’s Sales on federal holidays.   Sales are advertised in The Hillsboro Gazette unless otherwise requested by the Plaintiff’s attorney.   Sheriff’s Sales of Real Estate (Foreclosure) and Tax Sales are advertised for three weeks.   Properties may be withdrawn from a sale with a court order up to the time of sale.

NOTE: Beginning October 11, 2016, new sale terms will go into effect in accordance with H.B. 390.  Please review the following  for details:

Before the Sale:

 The first run advertisement of the sale will be faxed to the attorney of record for checking any errors.  Advertisements will contain the date, time and place of sale; deposit requirements; a statement that the purchaser shall be responsible for those costs, allowances and taxes that are not covered by the proceeds; and a provisional second sale date.  Full legal description is no longer required. If not using full legal description, must include in ad the location where the full legal description can be obtained.  Newspaper is not required to run the ad without payment.  Remote bids by judgment creditors/lienholders who are party to the action must be received on or before 4:30 pm the business day before the sale via fax, email, overnight delivery or courier.  Remote bids may be emailed to eengle@highlandcoso.com or faxed to Erica at 937-840-6241.  Remote bids shall be a fixed maximum amount.  A completed Purchaser Information Form must accompany the remote bid.  The Highland County Sheriff’s Office will confirm the receipt of the remote bid by sending a notice via fax or email to the submitter of the remote bid.

Frequently Asked Questions
 
When Can We See The House?
The Sheriff’s Office has no keys to the houses for sale.  We have no access to the interior of the houses for sale.  The property is not available for tour or inspection 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.

Do You Take Sealed Bids?

Unless ordered by the Court, the sale must be a public sale.  You or your representative must appear to bid. If any bidder intends to bid for another person, we require that you provide our office with an original agency agreement or other appropriate legal document in advance of sale, but no later than 9:45 a.m. on the date of sale, for review by the Sheriff’s legal counsel.  We recommend that you contact your own legal counsel for preparation.  A sample of an approved document type may be found here, or upon request to our office.  There is no prior registration.  Make sure you can meet the terms of the sale.  This is a court function; if the sale is not completed, you are subject to being held in contempt of court.

Beginning October 11, 2016, judgment creditors/lienholders will be able to remote bid.  If a judgment creditor/lienholder has placed a remote bid, the officer conducting the auction will announce the bid before opening the bidding to the public.

What About Liens And Taxes?

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 utilities, liens and /or any additional costs. Third party purchasers will be responsible for those costs, allowances and taxes that the proceeds of the sale are insufficient to cover.  In addition to the balance of the purchase price, third party purchasers will be required to pay the conveyance tax and transfer fee (currently $4.00 per $1,000.00 of consideration paid for the real estate in tax plus fifty cents per parcel for the transfer), and the deed recording which is $28.00 for the first two pages and $8.00 per page thereafter. You are urged to consult with an attorney if you have questions.  The Sheriff’s Office cannot give legal advice.

What If Someone Is Living In The House?

If someone is living in the house and will not vacate, the Sheriff’s Office will remove them upon receiving a “Writ of Possession” from the Common Pleas Clerk of Courts.  The purchaser or his/her attorney must file a “Praecipe” with the Common Pleas Clerk of Courts to get the “Writ of Possession” issued.  The purchaser must have a copy of the “Journal Entry Confirming Sale” and valid identification.  Per Local Court Rule 11, the Sheriff shall not execute on the Writ until the purchaser has paid the balance of the purchase price and the deed to the purchaser has been recorded.  The purchaser is responsible for providing manpower to set out their belongings.

If the occupant is a tenant, the purchaser may be required to go through the eviction process in The Highland County Municipal Court before changing the locks or forcing the occupant to leave the home.

You are urged to consult with an attorney if you have questions.  The Sheriff’s Office cannot give legal advice.

When Do We Get Keys To The Property?

The Sheriff’s Office does not have keys for the properties.  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 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; the balance due has been paid; and, the Sheriff’s deed has been recorded.
Terms of Sale –
At the Auction
All residential properties subject to sale due to mortgage foreclosure sold to third parties will have the following down payment requirements:   If property appraisal is less than or equal to $10,000, deposit is $2,000.  If property appraisal is greater than $10,000 but less than or equal to $200,000, deposit is $5,000.  If property appraisal is greater than $200,000, deposit is $10,000.

All commercial properties subject to judicial sale and residential properties subject to sale for delinquent property taxes sold to third parties require a 10% down payment at the time of purchase.   Payments made at the time of purchase may be cash, personal check, money order, cashier’s check or certified check.  If you are paying by personal check, an accepted form of identification will be required such as a driver’s license or state identification card.  If the down payment is not made immediately at the time of sale, the Sheriff shall disregard the bid, and shall immediately re-offer the property for sale.  A successful bidder who cannot immediately make the down payment may also be held in contempt of Court.
If any bidder intends to bid for another person, we require that you provide our office with an original agency agreement or other appropriate legal document in advance of sale, but no later than 9:45 a.m. on the date of sale, for review by the Sheriff’s legal counsel.  We recommend that you contact your own legal counsel for preparation.  A sample of an approved document type may be found here, or upon request to our office.

After the Purchase
Documentation of the sale is made to the Court by the Sheriff’s Office.
An “Order Confirming Sheriff’s Sale, Ordering Deed and Distribution of Proceeds” is filed with the Court by the attorney of record.  This may take 3-4 weeks; if there are any discrepancies this process will take longer.
Upon receipt of the above order, the attorney of record will prepare the deed and send it to the Sheriff’s Office.  The Sheriff’s Office will process the deed.  Third party purchasers will receive a call from the Sheriff’s Office recapping the sale proceedings and requesting the balance. The purchaser may also be responsible for those costs, allowances and taxes that are not covered by the proceeds.  In addition to the balance of the purchase price, third party purchasers will be required to pay the conveyance tax and transfer fee (currently $4.00 per $1,000.00 of consideration paid for the real estate in tax plus fifty cents per parcel for the transfer), and the deed recording which is $28.00 for the first two pages and $8.00 per page thereafter.  Once the money is paid, the deed will go to the auditor for conveying and to the recorder for recording.  A
self-addressed stamped envelope must be received with payment. The recorder will mail the deed to the purchaser.
If the successful bidder is a third party purchaser (not a bank, mortgage company, attorney or title company) the final payment must be made with a certified check, cashier’s check or money order.  The Highland County Sheriff’s Office has no ability to accept funds via wire transfer
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