SUMMIT COUNTY SHERIFF S SALES

Transcription

1 SUMMIT COUNTY SHERIFF S SALES Held at the SUMMIT COUNTY COURTHOUSE, 1 ST FLOOR, 209 S. HIGH STREET, AKRON, OH This is a NO SMOKING Facility. Please TURN OFF all Cell Phones. ALL PARTIES INTENDING TO BID MUST READ THIS NOTICE. Please read this Notice carefully prior to EACH Sale, as the Sheriff s Office reserves the right to modify these procedures as necessary to ensure our compliance with the Requirements of House Bill 390 and the Ohio Revised Code. TERMS YOU SHOULD KNOW: PLAINTIFF: This term refers to the Bank or Mortgage Company who has filed suit in the Court. It also refers to the court runners or professionals who attend the sale and bid on behalf of their clients (the Bank or Mortgage Company) that holds the loan on the property. Plaintiffs frequently bid on several properties during a sale. JUDGMENT CREDITOR: This term refers to the Judgment Creditor, who must have participated in a Court Action leading to the Court ordering the debt to be paid through the sale of the property. A junior or subsequent lien holder is not necessarily a Judgment Creditor. A person or company may be a valid lien holder entitled to a portion of the proceeds of the sale, but not necessarily be THE person or agent/company that took the Judgment Debtor to Court. DEFENDANT: This term refers to the Person or Party who has defaulted on their loan. The Defendant may also be referred to as the Judgment Debtor on the case. THIRD PARTY: This term refers to any purchaser who is NOT affiliated with the Bank or Mortgage Company, or Case. Requirements vary slightly for Plaintiffs and Third Parties, so they are outlined in this Notice separately. Please read both the General Information Section and the Section that pertains to Third Parties thoroughly. REGULAR: This is a new, or first, sale for the Foreclosure case that was appraised. REAPPRAISEMENT: Also known as a Pluries with Reappraisement, this is a second or subsequent sale for the Foreclosure case, and the Court signed an Order to grant that a new appraisal be done on the property. This Reappraisement reflects the new appraisal that was done. ALIAS: Also known as a Pluries without Reappriasement, this is a second or subsequent sale for the Foreclosure case, and a new appraisal was NOT requested by Court Order. Thus the previous appraisal is used. MORTGAGE SALE: This is a Bank Foreclosure when the homeowner defaults on their loan and the Mortgage Company/Bank begins the foreclosure process that ends with a Sheriff s Sale. DELINQUENT TAX SALE: This is a Tax Foreclosure when the Real Estate Taxes are delinquent and the Summit County Prosecutor (as attorney for the Summit County Fiscal Officer) or a Private Attorney (as attorney for a Tax Lien Certificate-Holder) begins the foreclosure process that ends with a Sheriff s Sale.

2 GENERAL INFORMATION: 1. ALL Sales are BUYER BEWARE. They are sold SIGHT UNSEEN. You cannot get into the property to view the interior at any time, nor can the Sheriff s Office get you inside (before or after the sale). These properties are sold AS IS. ALL SALES ARE FINAL! 2. Prospective purchasers can only view the property from the public roadway. If a structure is on the property, the interior of the property cannot be viewed, AT ANY TIME. No access is available, many homes are still occupied by the defendant(s) and/or tenant(s). a. The Sheriff s Office does not know the conditions of the titles. All buyers should be advised that all liens and mortgages not resolved by the sale monies of each property may become the responsibility of the buyer. Research should be conducted through the following: b. Summit County Clerk of Courts Website or File Room to ascertain the liens; c. Summit County Fiscal Office, Treasurer s Division, for amount of taxes that are due; and, d. Federal Court for federal liens that are pending. e. Meth lab locations are reported to the local Health Departments and when advised by the investigating law enforcement agency, they will be noted under the case details on our website. Contact the local Health Departments for further information on these properties. 3. ALL Sales are listed on our website as they are set for sale. Please review these lists for the properties that are of interest. The sale list is automatically updated with any cancellation orders that are received at the Sheriff s Office. Our website is 4. Buyers who purchase property from Sheriff s Sales are obligated to complete the sale, or forfeit their deposit. Possible legal action may also be incurred against the buyers through Contempt Of Court proceedings. 5. DEPOSITS: The deposit amounts for each case are listed on our website. You can also print the Sale List from our website to view these amounts. a. MORTGAGE SALE Deposits are pre-set based on the APPRAISED VALUE AMOUNT. i. Pursuant to ORC , if the Judgment Creditor is the successful purchaser at the sale, they shall NOT be required to make a deposit at the Sale. ii. ALL OTHER PURCHASERS shall make a sale deposit AT THE SALE at the time of the acceptance of the bid, as follows: 1. If the APPRAISED Value is less than or equal to $10,000.00, the deposit will be $2, If the APPRAISED Value is more than $10, but less than or equal to $200,000.00, the deposit will be $5, If the APPRAISED Value is more than $200,000.00, the deposit will be $10, iii. TERMS OF SALE: Cash, Money Order, Certified Check, or Cashier s Check ONLY! Absolutely NO PERSONAL CHECKS accepted. 1. Make Payable to the SUMMIT COUNTY SHERIFF iv. The deposit shall be tendered to the Sheriff at the time of acceptance of the bid, at the sale. b. DELINQUENT TAX SALE Deposit are pre-set based on the MINIMUM BID AMOUNT.

3 i. Deposits for Delinquent Tax Sales shall follow the same rules for Residential Properties, using the Minimum Bid: 1. If Minimum Bid value is $10, or less, the deposit will be $2, If Minimum Bid is more than $10,000.00, but less than or equal to $200,000.00, the deposit will be $5, If Minimum Bid value is more than $200,000.00, the deposit will be $10, ii. If the Judgment Creditor is the purchaser at the Delinquent Tax Sale, they shall not be required to make a sale deposit. All other purchasers shall make a sale deposit as listed above. iii. TERMS OF SALE: Cash, Money Order, Certified Check, or Cashier s Check ONLY! Absolutely NO PERSONAL CHECKS accepted. 1. Make Payable to the SUMMIT COUNTY SHERIFF iv. The deposit shall be tendered to the Sheriff at the time of acceptance of the bid, at the sale. 6. TERMS OF SALE: ALL DEPOSITS must be tendered in the form of cash, money order, certified check or cashier s check ONLY, made payable to the SUMMIT COUNTY SHERIFF. This applies to ALL BIDDERS, except for Judgment Creditors. Credit/Debit Cards, Business Checks, Personal Checks or Letters of Credit ARE NOT ACCEPTED, at any time. 7. BOTH MORTGAGE SALES AND DELINQUENT TAX SALES are held at 10:00am on the First Floor of the Summit County Courthouse, 209 S. High Street, Akron, OH a. MORTGAGE SALES are held on Fridays b. DELINQUENT TAX SALES are held on Tuesdays, when scheduled 8. The CIVIL DIVISION of the Summit County Sheriff s Office is located at 209 S. High Street, Akron, OH 44308, on the Ground/Basement Level. a. OFFICE HOURS: i. OPEN: Monday thru Friday, 7:30am 4:00pm. ii. CLOSED: Saturday, Sunday and ALL LEGAL HOLIDAYS 9. ALL Bidders at the sale (except Judgment Creditors) are required to submit the minimum deposit amount IMMEDIATELY at the time their bid has been accepted as the highest bid. There is not time to leave and go to the bank or to obtain money from any outside sources. If the highest bidder fails to have their deposit money available, the property will be re-introduced immediately for sale to the public. 10. BIDDING IS DONE VERBALLY (Out loud). If the Sheriff s Deputy conducting the sale cannot hear your bid, then your bid will not be recognized. ALL BIDS will be in increments of at least one hundred dollars ($100.00). 11. The Sheriff s Deputy conducting the sale will PAUSE after EACH SALE for the Sheriff s Staff to verify the required deposit amount and accompanying documents. 12. The highest bidder will provide the Sheriff s Staff with the following LEGIBLE information on the Purchaser Information Form: a. NAME(S) as it is to appear on the deed b. CURRENT ADDRESS (complete physical address) i. PO Boxes are NOT accepted c. TELEPHONE NUMBER that the buyer can be reached at during normal business hours d. ADDRESS

4 e. CONTACT PERSON, TITLE, TELEPHONE NUMBER & , If Name is a Company f. NOTE: if the buyer(s) wants the Sheriff s deed to be in a Survivorship name, the buyer MUST PROVIDE THE EXACT LANGUAGE NEEDED 13. A PURCHASER INFORMATION FORM is required for each buyer. You can obtain a blank form from our website at and have it filled out prior to the Sale. a. Plaintiff Purchasers please have your Purchaser Information Form prepared in advance. b. Third Party Purchasers forms need to be completed by the Buyer. The Sheriff Staff can assist the buyer at the sale if this form has not been filled out prior to the Sale. i. It is strongly recommended though, especially if you plan to purchase multiple properties, to have these forms filled out prior to the Sale. c. One Purchaser Information Form is needed for EACH PROPERTY PURCHASED and it is strongly recommended that these forms are filled out prior to the Sale. Please be prepared. 14. The Purchaser Information Form will be filed with the Clerk of Courts on the day of the sale. Once this form is submitted to the Court, changes to the Sheriff s Deed can only be made by COURT ORDER. 15. The Sheriff will submit to the Court for filing, a Sheriff s Writ of Execution-REPORT OF SALE. This Report of Sale will be certified by the Sheriff s Office, that all acts required by law were properly performed pursuant to ORC Taxes will be paid out of the proceeds of the sale. The Fiscal Office will provide the Tax Amounts to the Sheriff s Office and will be listed on our website approximately one week prior to sale. a. This includes the delinquent and current amounts as listed on the TAX DUPLICATE b. This also includes the PRORATED Taxes, that are not yet due and owing. These will be estimated through the date of sale. c. The Judgment Creditor has the option to have the Prorated Taxes paid out of the Sale Proceeds, or not. i. If the Judgment Creditor chooses NOT to have them paid from the proceeds of the Sale, then this MUST BE identified as such in the distribution of the Confirmation of Sale ii. If not paid through the Confirmation of Sale, then the Buyer will be responsible to pay these Prorated Taxes at the Fiscal Office when they come due, on the next Tax Bill 17. PAYMENT OF BALANCE OF PURCHASE PRICE: The first 8 (eight) Calendar Days after the sale date are without interest. INTEREST STARTS on the 9th (ninth) day after the sale. It is at a rate of 10% per year, calculated daily, based upon the balance due. Properties not paid in full, within the required 30 days after the filing of Confirmation of Sale, are subject to a contempt of court filing. 18. YOU MUST CONTACT OUR OFFICE FOR A PAY-OFF AMOUNT BEFORE YOU BRING IN THE BALANCE OF FUNDS. Following a Sheriff s Sale, there are additional costs that are added for the conveyance and recording of the Sheriff s Deed. Also, if it has been more than 8 days AFTER THE SALE, then Interest has also started to accrue. Please provide an exact date so we can calculate this pay-off amount for you. a. If you fail to contact our office for an EXACT PAY-OFF prior to obtaining your funds and bringing them to our office, your payment will NOT be accepted and you will be inconvenienced by having to leave our office to get the correct amount of funds due.

5 b. The main telephone number to the Civil Division is This is an automated number. After dialing and you are prompted, dial 0 and ask to speak to someone regarding a Sale Pay-Off. 19. TERMS OF SALE: ALL PAY-OFFS must be tendered in the form of cash, money order, certified check or cashier s check ONLY, made payable to the SUMMIT COUNTY SHERIFF. This applies to ALL BIDDERS. Credit/Debit Cards, Business Checks, Personal Checks or Letters of Credit ARE NOT ACCEPTED. a. Note: The EXACT AMOUNT IS NEEDED. Overpayments are NOT accepted. 20. The balance of the purchase price is due and payable within 30 Calendar days from the date of the filing of the court order called the Confirmation of Sale. 21. The preparation of the Confirmation of Sale is the responsibility of the plaintiff s attorney and should be filed within 30 Calendar days from the date of sale. After it has been completed and filed in the Clerk of Courts, it is the plaintiff s attorney s responsibility to provide the Sheriff s Office with a Deed Packet; which includes a filed copy of the confirmation. This Deed Packet includes the documents the Sheriff s Office needs to have the deed recorded for the new owner. 22. Prospective Purchasers are hereby informed that under O.R.C , the Homeowner has a statutory Right of Redemption prior to the filing of the Confirmation of Sale. Should the Homeowner redeem his/her property, an Order to Vacate Sheriff s Sale will be filed with the Court by the Plaintiff s Attorney. This order is to also instruct the Sheriff to return the monies paid back to the buyer. 23. For Third Party Buyers, the Sheriff s Deed will be reviewed and recorded within 14 business days once we have received the following AND all items are found to be correct: a. The monies have been paid in full to the Sheriff s Office, Civil Division. b. Deed Packet from the Plaintiff s Attorney has been received at the Sheriff s Office, Civil Division; which includes: i. Filed Copy of the Confirmation of Sale ii. Prepared Sheriff s Deed for purchaser iii. Prepared Conveyance Form 24. For Plaintiff Purchasers, the Sheriff s Deed will be reviewed and recorded by the Summit County Sheriff s Office within 14 business days once we have received the DEED PACKET that includes the following AND all items are found to be correct: a. The monies have been paid in full to the Sheriff s Office, Civil Division. b. A Filed copy of the Confirmation of Sale c. A Prepared Sheriff s Deed for purchaser d. A Prepared Conveyance Form 25. The Sheriff s Office will review and proofread the Deed Packet/Documents for accuracy. We will approve and deliver the Deed to the Summit County Fiscal Office for conveyance, recording and transfer within 14 BUSINESS DAYS from the receipt of all correct documents, per Local Rule The only exception will be any time there are errors or discrepancies on those forms. If additional monies are required or an amended confirmation is needed, etc., we will make notification in writing via to the plaintiff s attorney. No recording will be conducted until ALL requirements have been met. 26. We will notify the buyer/new owner when the deed has been recorded, our process has been completed and the deed is ready for pickup. 27. Also review the Rules of the Court of the General Division, found at the Clerk of Courts.

6 28. ALL Sheriff s Sales are advertised in the AKRON LEGAL NEWS, once a week for 3 consecutive weeks; with the first Ad Run at least 21 days prior to the Sale Date.

7 SALES TO THIRD PARTIES - INFORMATION 1. ALL Sales are BUYER BEWARE. They are sold SIGHT UNSEEN. You cannot get into the property to view the interior at any time, nor can the Sheriff s Office get you inside (before or after the sale). These properties are sold AS IS. ALL SALES ARE FINAL! 2. Buyers who purchase property from Sheriff s Sales are obligated to complete the sale, or forfeit their deposit. Possible legal action may also be incurred against the buyers through Contempt Of Court proceedings. 3. ALL Sales are listed on our website as they are set for sale. Please review these lists for the properties that are of interest. The sale list is automatically updated with any cancellation orders that are received at the Sheriff s Office. Our website is 4. The Mortgage Foreclosure properties are appraised. This Appraised Value is based on the Summit County Fiscal Office-Auditor s Current Tax Assessed Value on record with the County and a driveby view. These are exterior appraisals only. The Sheriff s Office and the Appraisers are not liable for the condition of the properties and these properties are not open for inspection/viewing at any time. They are Buyer Beware and sold AS IS. 5. MORTGAGE FORECLOSURES, OPENING BID starts at 2/3 of the Appraised Value of the property, unless there is a court-ordered starting bid. 6. DELINQUENT TAX FORECLOSURES, OPENING BID is the amount of COSTS plus the amount of Delinquent TAXES to be paid to bring them current. 7. DEPOSITS: The deposit amounts for each case are listed on our website. You can also print the Sale List from our website to view these amounts. a. MORTGAGE SALE Deposits are pre-set based on the APPRAISED VALUE AMOUNT. i. Pursuant to ORC , if the Judgment Creditor is the successful purchaser at the sale, they shall NOT be required to make a deposit at the Sale. ii. ALL OTHER PURCHASERS shall make a sale deposit AT THE SALE at the time of the acceptance of the bid, as follows: 1. If the APPRAISED Value is less than or equal to $10,000.00, the deposit will be $2, If the APPRAISED Value is more than $10, but less than or equal to $200,000.00, the deposit will be $5, If the APPRAISED Value is more than $200,000.00, the deposit will be $10, iii. TERMS OF SALE: Cash, Money Order, Certified Check, or Cashier s Check ONLY! Absolutely NO PERSONAL CHECKS accepted. 1. Make Payable to the SUMMIT COUNTY SHERIFF iv. The deposit shall be tendered to the Sheriff at the time of acceptance of the bid, at the sale. b. DELINQUENT TAX SALE Deposit are pre-set based on the MINIMUM BID AMOUNT. i. Deposits for Delinquent Tax Sales shall follow the same rules for Residential Properties, using the Minimum Bid: 1. If Minimum Bid value is $10, or less, the deposit will be $2, If Minimum Bid is more than $10,000.00, but less than or equal to $200,000.00, the deposit will be $5,000.00

8 3. If Minimum Bid value is more than $200,000.00, the deposit will be $10, ii. If the Judgment Creditor is the purchaser at the Delinquent Tax Sale, they shall not be required to make a sale deposit. All other purchasers shall make a sale deposit as listed above. iii. TERMS OF SALE: Cash, Money Order, Certified Check, or Cashier s Check ONLY! Absolutely NO PERSONAL CHECKS accepted. 1. Make Payable to the SUMMIT COUNTY SHERIFF iv. The deposit shall be tendered to the Sheriff at the time of acceptance of the bid, at the sale. 8. TERMS OF SALE: ALL DEPOSITS must be tendered in the form of cash, money order, certified check or cashier s check ONLY, made payable to the SUMMIT COUNTY SHERIFF. This applies to ALL BIDDERS, except Judgment Creditors. Credit/Debit Cards, Business Checks, Personal Checks or Letters of Credit ARE NOT ACCEPTED. 9. Prospective Buyers must bring to the sale, the following: a. Deposit b. Completed Purchaser Information Form c. Note: If you are purchasing multiple properties, you MUST HAVE SEPARATE DEPOSITS AND SEPARATE PURCHASER INFORMATION FORMS, 1 for each property. 10. BIDDING IS DONE VERBALLY (Out loud). If the Sheriff s Deputy conducting the sale cannot hear your bid, then your bid will not be recognized. ALL BIDS will be in increments of at least one hundred dollars ($100.00). 11. ALL Bidders at the sale are required to pay the minimum deposit amount IMMEDIATELY at the time their bid has been accepted as the highest bid. There is not time to leave and go to the bank or to obtain money from any outside sources. If the highest bidder fails to have their deposit money available, the property will be re-introduced immediately for sale to the public. 12. The Sheriff s Deputy conducting the sale will PAUSE after EACH SALE for the Sheriff s Staff to verify the required deposit amount and accompanying document(s). 13. The highest bidder will provide the Sheriff s Staff with the following information: a. NAME(S) as it is to appear on the deed b. CURRENT ADDRESS (complete physical address) i. PO Boxes are NOT accepted c. TELEPHONE NUMBER that the buyer can be reached at during normal business hours d. CONTACT PERSON, TITLE, TELEPHONE NUMBER & , If Name is a Company e. ADDRESS f. NOTE: if the buyer(s) wants the Sheriff s deed to be in a Survivorship name, the buyer MUST PROVIDE THE EXACT LANGUAGE NEEDED 14. A PURCHASER INFORMATION FORM is required for each buyer. You can obtain a blank form from our website at and have it filled out prior to the Sale. a. Third Party Purchasers forms need to be completed by the Buyer. The Sheriff Staff can assist the buyer at the sale if this form has not been filled out prior to the Sale. i. It is strongly recommended though, especially if you plan to purchase multiple properties, to have these forms filled out prior to the Sale.

9 b. One Purchaser Information Form is needed for EACH PROPERTY PURCHASED and it is strongly recommended that these forms are filled out prior to the Sale. Please be prepared. 15. Immediately after the Sale, the Buyer will be given the following information: a. Deposit Receipt b. A Copy of this Notice, if needed 16. Your Deposit Receipt is the ONLY PAPERWORK you will initially receive from our office. This is to serve as your purchase agreement. This receipt should have the amount of your deposit, the property address that was purchased and the purchase price written on it. The parcel number will also be included if it is a Tax Sale property. We are unable to provide any other documentation. Also, the Sheriff s Office will not sign any settlement statements or closing documents. 17. The Purchaser Information Form will be filed with the Clerk of Courts on the day of the sale. Once this form is submitted to the Court, changes to the Sheriff s Deed can only be made by COURT ORDER. 18. The Sheriff will submit to the Court for filing, a Sheriff s Writ of Execution-REPORT OF SALE. This Report of Sale will be certified by the Sheriff s Office, that all acts required by law were properly performed pursuant to ORC Taxes will be paid out of the proceeds of the sale. The Fiscal Office will provide the Tax Amounts to the Sheriff s Office and will be listed on our website approximately one week prior to sale. a. This includes the delinquent and current amounts as listed on the TAX DUPLICATE b. This also includes the PRORATED Taxes, that are not yet due and owing. These will be estimated through the date of sale. c. The Judgment Creditor has the option to have the Prorated Taxes paid out of the Sale Proceeds, or not. i. If the Judgment Creditor chooses NOT to have them paid from the proceeds of the Sale, then this MUST BE identified as such in the distribution of the Confirmation of Sale ii. If not paid through the Confirmation of Sale, then the Buyer will be responsible to pay these Prorated Taxes at the Fiscal Office when they come due, on the next Tax Bill 20. PAYMENT OF BALANCE OF PURCHASE PRICE: The first 8 (eight) Calendar Days after the sale date are without interest. INTEREST STARTS on the 9th (ninth) day AFTER THE SALE. It is at a rate of 10% per year, calculated daily, based upon the balance due. Properties not paid in full, within the required 30 days after the filing of Confirmation of Sale, are subject to a contempt of court filing. 21. ADDITIONAL FEES TO BE PAID BY BUYER: The buyer may be responsible to pay additional fees over and above the purchase price, such as: a. Interest, if the balance of the purchase price is NOT paid within the first 8 days after the sale. b. Conveyance Fees ($4.00/$1, of the purchase price) c. Lot Fees ($.50 per lot as listed in the pre-approved legal description) d. Recording Fees (to record the Sheriff s Deed) i. $28.00 for first two pages ii. $8.00 for each page thereafter

10 e. Prorated Taxes, the buyer may be responsible to pay Prorated Taxes, when they come due on the next Tax Bill, if the Judgment Creditor determines that they do not want the Prorated Taxes to be deducted from the Purchase Price. 22. YOU MUST CONTACT OUR OFFICE FOR A PAY-OFF AMOUNT BEFORE YOU BRING IN THE BALANCE OF FUNDS. Following a Sheriff s Sale, there are additional costs that are added for the conveyance and recording of the Sheriff s Deed. Also, if it has been more than 8 days AFTER THE SALE, then Interest has also started to accrue. Please provide an exact date so we can calculate this pay-off amount for you. a. If you fail to contact our office for an EXACT PAY-OFF prior to obtaining your funds and bringing them to our office, your payment will NOT be accepted and you will be inconvenienced by having to leave our office to get the correct amount of funds due. b. The main telephone number to the Civil Division is This is an automated number. After dialing and you are prompted, dial 0 and ask to speak to someone regarding a Sale Pay-Off. 23. TERMS OF SALE: ALL PAY-OFFS must be tendered in the form of cash, money order, certified check or cashier s check ONLY, made payable to the SUMMIT COUNTY SHERIFF. This applies to ALL BIDDERS. Credit/Debit Cards, Business Checks, Personal Checks or Letters of Credit ARE NOT ACCEPTED. a. Note: The EXACT AMOUNT IS NEEDED. Overpayments are NOT accepted. 24. The balance of the purchase price is due and payable within 30 Calendar days from the date of the filing of the court order called the Confirmation of Sale. 25. The preparation of the Confirmation of Sale is the responsibility of the plaintiff s attorney and should be filed within 30 Calendar days from the date of sale. After it has been completed and filed in the Clerk of Courts, it is the plaintiff s attorney s responsibility to provide the Sheriff s Office with a Deed Packet; which includes a filed copy of the confirmation. This Deed Packet includes the documents the Sheriff s Office needs to have the deed recorded for the new owner. 26. RIGHT OF REDEMPTION: Prospective Purchasers are hereby informed that under O.R.C , the Homeowner has a statutory Right of Redemption prior to the filing of the Confirmation of Sale. Should the Homeowner redeem his/her property, an Order to Vacate Sheriff s Sale will be filed with the Court by the Plaintiff s Attorney. This Order to Vacate is to also instruct the Sheriff to return the monies paid back to the buyer. If an Order to Vacate Sheriff s Sale is received at the Sheriff s Office, please allow a minimum of 3 weeks for processing before the deposit can be refunded. 27. For Third Party Buyers, the Sheriff s Deed will be reviewed and recorded within 14 business days once we have received the following AND all items are found to be correct: a. The monies have been paid in full to the Sheriff s Office, Civil Division. b. Deed Packet has been received at the Sheriff s Office, Civil Division; which includes: i. Filed Copy of the Confirmation of Sale ii. Prepared Sheriff s Deed for purchaser iii. Prepared Conveyance Form 28. The Sheriff s Office will review and proofread the Deed Packet/Documents for accuracy. We will approve and deliver the Deed to the Summit County Fiscal Office for conveyance, recording and transfer within 14 BUSINESS DAYS from the receipt of all correct documents, per Local Rule The only exception will be any time there are errors or discrepancies on those forms. If additional monies are required or an amended confirmation is needed, etc., we will make notification in writing via to the plaintiff s attorney. No recording will be conducted until ALL requirements have been met.

11 29. We will notify the buyer/new owner when the deed has been recorded, our process has been completed and the Deed is ready for pickup. Once notified, the buyer must come to the Civil Division Office to pick up their Recorded Sheriff s Deed. THEY WILL NOT BE MAILED, as we need a signature on file. 30. EVICTION PROCESS: a. If the property is still occupied, it is the buyer s responsibility to have the occupants evicted. After the Confirmation has been filed and the DEED HAS BEEN RECORDED, the buyer can begin the Eviction Process (at the buyer s expense) by filing a Precipe for the eviction paperwork, called WRIT OF POSSESSION. This begins the process which gives the Sheriff s Office the authority to process a 10-day notice for the occupant(s) to leave. The WRIT OF POSSESSION has to be served to the occupant(s) or posted on the property. (Requesting the WRIT to be posted allows the Sheriff to serve the occupant(s) by leaving, or posting, the WRIT at the residence without obtaining a signature. Orders to Post can only be obtained through the court with the Judge s approval and signature, then filed with the Clerk of Courts.) b. After service or posting, the Sheriff s Office will check the property after 10 days. If the occupant(s) has/have not left, the buyer can request an eviction date to be scheduled. The Sheriff s Office will set a mutually agreeable eviction date with the buyer and it is that buyer s responsibility to set up the movers, storage for the items, and the locksmith at the buyer s expense. Property items cannot be put out on the curb. The occupant(s) then has/have to make arrangements with the buyer to retrieve their items out of storage. i. WRITS OF POSSESSION (WOP) 1. Granted through Confirmation of Sale to the Purchaser 2. VALID ONLY FOR 60 DAYS from date Clerk issues WOP to Sheriff (ORC ) 3. Service of WOP must be attempted two (2) times within 28 days of receipt of WOP, BEFORE you can prepare a Motion and an Order to Post to submit to the court. (Civ.R.4.1) a. If an Order to Post is done, a CERTIFIED FILED COPY must be delivered to the Sheriff s Office in order to process. The Court will not provide this. 4. Service a. Once Service has been made, our office gives the occupants 10 days to voluntarily vacate the premises. b. We will check the property AFTER the 10 days to verify if the property appears vacant or appears to still be occupied. c. NOTE: You can check Service Updates on our website at i. (Go to Administration Tab, Select Civil Process, Click on Check Service of Papers, Enter your case number, Click Start Search. Once your case comes up, Check Service Type for Writ of Possession, Click on Service ID Number (6-digit number) to open Sheriff Docket to view Service Information and History) ii. EVICTIONS 1. Evictions will be set ONLY after: a. THE SHERIFF S DEED HAS BEEN FILED!

12 b. Service of WOP has been made i. By PERSONAL Service (Owner/defendant) ii. By RESIDENTIAL Service (All Other Occupants / Tenants / etc) iii. By POSTING Service (Order to Post) 2. You will receive an from our office with a tentative eviction date a. This date MUST BE CONFIRMED by the buyer in writing b. The Buyer must provide the Sheriff s Office with the following: i. Moving Company Information ii. Contact Name of Mover iii. Contact Telephone Number of Mover iii. On Eviction Date 1. The Sheriff s Office will be there at the scheduled date and time and for Peaceable Means ONLY. 2. The Eviction Date is for a Full Removal of ALL CONTENTS. 3. Any belongings left in the house CANNOT BE PUT ON THE CURB! 4. Should the Purchaser/Representative fail to show at the property on the confirmed and scheduled date and time, the WOP will be endorsed and returned to the Clerk/Court 31. Also review the Rules of the Court: Rules of Practice and Procedure of the Court of Common Pleas, General Division of Summit County, Ohio. These can be found on the Summit County Clerk of Courts website at

13 SALES TO PLAINTIFFS - INFORMATION 1. ALL Sales are listed on our website as they are set for sale. Please review these lists for the properties that are of interest. Once entered on our system, the sale list is automatically updated with any cancellation orders that are received at the Sheriff s Office. Our website is a. Please remember that it is the attorney s office s responsibility to provide any Orders/Documentation to the Sheriff s Office, NOT the Clerk of Courts. 2. The Mortgage Foreclosure properties are appraised. This Appraised Value is based on the Summit County Fiscal Office-Auditor s Current Tax Assessed Value on record with the County and a driveby view. These are exterior appraisals only. The Sheriff s Office and the Appraisers are not liable for the condition of the properties and these properties are not open for inspection/viewing at any time. They are Buyer Beware and sold AS IS. 3. MORTGAGE FORECLOSURES, OPENING BID starts at 2/3 of the Appraised Value of the property, unless there is a court-ordered starting bid. 4. DELINQUENT TAX FORECLOSURES, OPENING BID is the amount of COSTS plus the amount of Delinquent TAXES to be paid to bring them current. 5. DEPOSITS: The deposit amounts for each case are listed on our website. You can also print the Sale List from our website to view these amounts. a. MORTGAGE SALE Deposits are pre-set based on the APPRAISED VALUE AMOUNT. i. Pursuant to ORC , if the Judgment Creditor is the successful purchaser at the sale, they shall NOT be required to make a deposit at the Sale. ii. ALL OTHER PURCHASERS shall make a sale deposit AT THE SALE at the time of the acceptance of the bid, as follows: 1. If the APPRAISED Value is less than or equal to $10,000.00, the deposit will be $2, If the APPRAISED Value is more than $10, but less than or equal to $200,000.00, the deposit will be $5, If the APPRAISED Value is more than $200,000.00, the deposit will be $10, iii. TERMS OF SALE: Cash, Money Order, Certified Check, or Cashier s Check ONLY! Absolutely NO PERSONAL CHECKS accepted. 1. Make Payable to the SUMMIT COUNTY SHERIFF iv. The deposit shall be tendered to the Sheriff at the time of acceptance of the bid, at the sale. b. DELINQUENT TAX SALE Deposit are pre-set based on the MINIMUM BID AMOUNT. i. Deposits for Delinquent Tax Sales shall follow the same rules for Residential Properties: 1. If Minimum Bid value is $10, or less, the deposit will be $2, If Minimum Bid is more than $10,000.00, but less than or equal to $200,000.00, the deposit will be $5, If Minimum Bid value is more than $200,000.00, the deposit will be $10, ii. If the Judgment Creditor is the purchaser at the Delinquent Tax Sale, they shall not be required to make a sale deposit. All other purchasers shall make a sale deposit as listed above.

14 iii. TERMS OF SALE: Cash, Money Order, Certified Check, or Cashier s Check ONLY! Absolutely NO PERSONAL CHECKS accepted. 1. Make Payable to the SUMMIT COUNTY SHERIFF iv. The deposit shall be tendered to the Sheriff at the time of acceptance of the bid, at the sale. 6. TERMS OF SALE: ALL DEPOSITS must be tendered in the form of cash, money order, certified check or cashier s check ONLY, made payable to the SUMMIT COUNTY SHERIFF. This applies to ALL BIDDERS, except for Judgment Creditors. Credit/Debit Cards, Business Checks, Personal Checks or Letters of Credit ARE NOT ACCEPTED, at any time. 7. Prospective Plaintiff Purchasers have 2 options to place their bids: a. IN PERSON i. The Plaintiff, or their representative may bid in person at the Sale, held at the West Door of Summit County Courthouse; which is located at 209 S. High Street, Akron, Ohio ii. Sheriff Sales for Mortgage Foreclosures will be held on Fridays at 10:00am EST iii. Sheriff Sales for Delinquent Tax Foreclosures, when scheduled, will be held on Tuesdays at 10:00am EST iv. NOTE: If the Sheriff s Office is CLOSED due to a Holiday that falls on one of these days (Tuesday or Friday), the Sale Date (mortgage or delinquent tax) may be skipped for that week; or, it may be scheduled on a different day of that same week. This is set at the discretion of the Sheriff s Office. v. If you are bidding on more than one property, you will need to have completed and SEPARATE PURCHASER INFORMATION FORMS for each property. b. REMOTE BID (for Judgment Creditors ONLY!) i. Each Judgment Creditor and Lienholder who is a party to the case action may submit a Remote Bid. Each Remote Bid shall be delivered to the Sheriff on or before 4:30pm EST on the business day immediately preceding the date of sale. (ORC (B) (2). ii. Submit REMOTE BIDS to ONE of the following: 1. SHERIFF FAX NUMBER: ; OR, 2. SHERIFF CIVILBUREAU@SHERIFF.SUMMITOH.NET ; OR, 3. OVERNIGHT DELIVERY or COURIER, deliver to 1 SUMMIT COUNTY SHERIFF S OFFICE 2 CIVIL DIVISION COURTHOUSE 3 ATTN: SHERIFF SALE BIDS S. HIGH STREET 5 AKRON, OH c. With Remote Bidders, you MUST do the following: i. Submit your fixed MAXIMUM BID Amount ii. Submit your PURCHASER INFORMATION FORM (Completed & Signed) iii. PROVIDE YOUR OR FAX so the Sheriff s Office can send a Confirmation Receipt of your Remote Bid d. Please use the REMOTE BID FORM that has been created for Summit County Sheriff Sales e. Please use the updated PURCHASER INFORMATION FORM that has been created for Summit County Sheriff Sales

15 f. NOTE: Remote Bids MUST BE RECEIVED BY 4:30PM EST the business day prior to the sale date at the latest. NO EXCEPTIONS! g. Any REMOTE BID FORMS received AFTER the 4:30pm EST deadline, will NOT be accepted. A response will be sent indicating that it has been received AFTER the allotted time frame and will not be accepted for the sale. h. NOTE: If you are purchasing multiple properties, you MUST HAVE SEPARATE PURCHASER INFORMATION FORMS, 1 for each property. 8. BIDDING IS DONE VERBALLY (Out loud). If the Sheriff s Deputy conducting the sale cannot hear your bid, then your bid will not be recognized. ALL BIDS will be in increments of at least one hundred dollars ($100.00). If a Remote Bid was received for a particular case, then at the time when the Deputy calls out the case information, s/he will announce the Remote Bid amount received. 9. The Sheriff s Deputy conducting the sale will PAUSE after EACH SALE for the Sheriff s Staff to verify the required deposit amount, if any, and accompanying document(s). 10. The Purchaser Information Form will be filed with the Clerk of Courts on the day of the sale. Once this form is submitted to the Court, changes to the Sheriff s Deed can only be made by COURT ORDER. 11. The Sheriff will submit to the Court for filing, a Sheriff s Writ of Execution-REPORT OF SALE. This Report of Sale will be certified by the Sheriff s Office, that all acts required by law were properly performed pursuant to ORC Taxes will be paid out of the proceeds of the sale. Tax amounts will be provided to the Sheriff s Office from the Fiscal Office and will be listed on our website approximately one week prior to sale. a. This includes the delinquent and current amounts as listed on the TAX DUPLICATE b. This may also include the PRORATED Taxes, that are not yet due and owing. These will be estimated through the date of sale. c. The Judgment Creditor has the option to have the Prorated Taxes paid out of the Sale Proceeds, or not. i. If the Judgment Creditor chooses NOT to have them paid from the proceeds of the Sale, then this MUST BE identified as such in the distribution of the Confirmation of Sale ii. If not paid through the Confirmation of Sale, then the Buyer will be responsible to pay these Prorated Taxes at the Fiscal Office when they come due, on the next Tax Bill 13. RIGHT OF REDEMPTION: Prospective Purchasers are hereby informed that under O.R.C , the Homeowner has a statutory Right of Redemption prior to the filing of the Confirmation of Sale. Should the Homeowner redeem his/her property, an Order to Vacate Sheriff s Sale will be filed with the Court by the Plaintiff s Attorney. This Order to Vacate is to also instruct the Sheriff to return the monies paid back to the buyer. If an Order to Vacate Sheriff s Sale is received at the Sheriff s Office, please allow a minimum of 3 weeks for processing before the deposit can be refunded. 14. The Sheriff s Deed will be reviewed and recorded within 14 business days once we have received the following AND all items are found to be correct: a. The monies have been paid in full to the Sheriff s Office, Civil Division.

16 b. Deed Packet has been received at the Sheriff s Office, Civil Division; which includes: i. Filed Copy of the Confirmation of Sale ii. Prepared Sheriff s Deed for purchaser iii. Prepared Conveyance Form iv. Self-Addressed Stamped Envelope (to mail recorded deed back) 15. The Sheriff s Office will review and proofread the Deed Packet/Documents for accuracy. We will approve and deliver the Deed to the Summit County Fiscal Office for conveyance, recording and transfer within 14 BUSINESS DAYS from the receipt of all correct documents, per Local Rule The only exception will be any time there are errors or discrepancies on those forms. If additional monies are required or an amended confirmation is needed, etc., we will make notification in writing via to the plaintiff s attorney. No recording will be conducted until ALL requirements have been met. 16. After the Deed has been recorded and returned to the Sheriff s Office, AND once our process has been completed, the deed will be mailed out to the plaintiff s attorney (or the attorney who ordered the sale). If local counsel would prefer to pick up their deeds, they will need to notify our office of such, so we can set them aside to be picked up in the Sheriff s Office, Civil Division. After the deed has been mailed out, or picked up, then the Sheriff s Office will process the Sheriff s Return and send it to the Clerk of Courts for filing. 17. If the property is still occupied, it is the buyer s responsibility to have the occupants evicted. After the Confirmation has been filed and the DEED HAS BEEN RECORDED, the buyer can begin the Eviction Process (at the buyer s expense) by filing a Precipe for the eviction paperwork, called WRIT OF POSSESSION. This begins the process which gives the Sheriff s Office the authority to process a 10-day notice for the occupant(s) to leave. The WRIT OF POSSESSION has to be served to the occupant(s) or posted on the property. (Requesting the WRIT to be posted allows the Sheriff to serve the occupant(s) by leaving, or posting, the WRIT at the residence without obtaining a signature. Orders to Post can only be obtained through the court with the Judge s approval and signature, then filed with the Clerk of Courts.) 18. After service or posting, the Sheriff s Office will check the property after 10 days. If the occupant(s) has/have not left, the buyer can request an eviction date to be scheduled. The Sheriff s Office will set a mutually agreeable eviction date with the buyer and it is that buyer s responsibility to set up the movers, storage for the items, and the locksmith at the buyer s expense. Property items cannot be put out on the curb. The occupant(s) then has/have to make arrangements with the buyer to retrieve their items out of storage. a. Writs Of Possession (WOP) i. Granted through Confirmation of Sale to the Purchaser ii. VALID ONLY FOR 60 DAYS from date Clerk issues WOP to Sheriff (ORC ) iii. Service of WOP must be attempted two (2) times within 28 days of receipt of WOP, BEFORE you can prepare a Motion and an Order to Post to submit to the court. (Civ.R.4.1) 1. If an Order to Post is done, a CERTIFIED FILED COPY must be delivered to the Sheriff s Office in order to process. The Court will not provide this. iv. Service 1. Once Service has been made, our office gives the occupants 10 days to voluntarily vacate the premises. 2. We will check the property AFTER the 10 days to verify if the property appears vacant or appears to still be occupied.

17 v. NOTE: You can check Service Updates on our website at 1. (Go to Administration Tab, Select Civil Process, Click on Check Service of Papers, Enter your case number, Click Start Search. Once your case comes up, Check Service Type for Writ of Possession, Click on Service ID Number (6-digit number) to open Sheriff Docket to view Service Information and History) b. EVICTIONS i. Evictions will be set ONLY after: 1. THE SHERIFF S DEED HAS BEEN FILED! 2. Service of WOP has been made 1 By PERSONAL Service (Owner/defendant) 2 By RESIDENTIAL Service (All Other Occupants/Tenants/etc) 3 By POSTING Service (Order to Post) ii. You will receive an from our office with a tentative eviction date 1. This date MUST BE CONFIRMED by the issuing Attorney s Office in writing 2. The Attorney s Office must provide the Sheriff s Office with the following: 1 Moving Company Information 2 Contact Name of Mover 3 Contact Telephone Number of Mover c. On Eviction Date i. The Sheriff s Office will be there at the scheduled date and time and for Peaceable Means ONLY. ii. The Eviction Date is for a Full Removal of ALL CONTENTS. iii. Any belongings left in the house CANNOT BE PUT ON THE CURB! iv. Should the Purchaser/Representative fail to show at the property on the confirmed and scheduled date and time, the WOP will be endorsed and returned to the Clerk/Court 19. Also review the Rules of the Court: Rules of Practice and Procedure of the Court of Common Pleas, General Division of Summit County, Ohio. These can be found on the Summit County Clerk of Courts website at