Sheriff’s Sales Frequently Asked Questions
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As a result of House Bill 390 (Foreclosure Deed Bill), the Sheriff’s Sales process has significantly changed as of 9-28-16.
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What is the new Sheriff’s Sale process?
Step 1: Prior to Order of Sale, the Tuscarawas County Map Office approves legal description of property.
Legal ads will run for 3 weeks unless specified otherwise.
Step 2 : Deposit requirements have changed. If judgement creditor is the purchaser of the sale, a deposit it not required. All other purchasers must make a deposit as follows:
If the appraisal value of the property is:
$10,000 & under, the deposit must be $2,000.00
$10,001.00 – $200,000.00, the deposit must be $5,000.00
$200,001.00 & above, the deposit must be $10,000.00
When purchasing a Sale, purchaser pays the specified deposit at time of sale and must fill out the required purchaser information form completely. If plaintiff has submitted a remote bid, the purchaser information form must be submitted along with the remote bid. Buyer beware that he/she is responsible for any and all outstanding costs.
Step 3: Plaintiff’s attorney provides Confirmation of Sale to the Sheriff’s Office within 30 calendar days with all required information.
Step 4: Plaintiff’s attorney prepares and provides Deed of Sale to the Sheriff’s Office within 7 calendar days from Confirmation of Sale.
Step 5: Third party buyer pays balance due within 30 calendar days from Confirmation of Sale. If not a third party buyer, skip to Step Six.
Step 6: The Sheriff’s Office records Deed of Sale within 14 business days from date third party buyer pays balance due or when plaintiff’s attorney provides Deed of Sale (when plaintiff is the purchaser). -
Where and when are Sheriff’s Sales advertised?
Advertisements for Sheriff’s Sales are listed in the legal section of the Times-Reporter on Fridays. If you wish to review the most recent list of Sheriff’s Sales, click here.
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What type of information is provided in the advertisement?
The advertisement will provide specific information regarding the surveyed description of the property. It will inform the public of the date, time and location of the Sale. It will state that the property is to sell for no less than 2/3 of the appraised value and will specify the minimum down payment required for the purchase. The ad also will include a second sale date in case the property remains unsold after the first auction. The second sale date shall be sold to the highest bidder with no minimum bid.
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Where and when are the Sheriff’s Sales held?
Sheriff’s Sales are held in the lobby of the Tuscarawas County Justice Center. Sheriff’s Sales are always held on Thursdays at 10:00 a.m. unless otherwise stated in the Sheriff’s Sale ad in the Times Reporter.
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Does the Sheriff’s Office offer previews of the property to the public?
The Sheriff’s Office does not offer any previews to the public unless it is court ordered to hold an open house.
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Is the interior of the house included in the appraisal process?
Only the exterior part of the house is appraised. The property is sold “as is.”
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Does the bidder provide a sealed bid on the day of the actual Sale?
It is an open bid process with the highest bidder receiving the property.
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What are the next steps once the property is purchased?
The buyer must provide the specified down payment in the form of a cashier’s or certified check to the Sheriff’s Office by noon on the day of the actual Sale. The check must be made payable to the “Tuscarawas County Sheriff”. Buyer will also be provided with a conveyance form on day of sale. This needs to be completed and submitted to the Sheriff’s Office when paying off the balance due.
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When is the balance of the money due?
It usually takes approximately thirty days until the Sale is confirmed and signed by the Judge. At that time, the buyer will be called to bring the remaining balance to us. In the event the defendant pays what is owed in order to get his/her property returned, the down payment is returned to the buyer when our office receives the signed Judgment.
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Where does the buyer go to record the Deed?
Due to House Bill 138, the Sheriff’s Office is now required to record all deeds. Buyer may be required to submit a check made payable to the Tuscarawas County Recorder for the recording fee and a check made payable to the Tuscarawas County Treasurer for the conveyance/transfer fee (unless the fee is included in the confirmation). The Sheriff’s Office will advise you in advance if you are required to pay either/or both of these fees. The recorded deed will be mailed to the address given.
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When can the buyer take possession of the property?
The buyer can take possession when the Sale is confirmed and the remaining balance is paid.
Addition Information
- We suggest that prospective buyers become pre-approved for their loans.
- Purchaser shall be responsible for costs, allowances, and taxes that the proceeds of the sale are insufficient to cover.
- Inside inspections are not done on appraisals. The sheriff and appraisers are not liable for the condition of the property. The sheriff’s office, nor any affiliates, have access to the inside of said property, including appraisals for bank loans.
- Only the real estate taxes as ordered by the Court are paid.
- We do not provide financing.
- We do not provide purchase agreements.
- Houses are not always vacant and the purchaser may need to have an order of possession issued to have the defendants removed at the buyer’s cost.
- If the buyer does not provide the remaining balance due on the property, the buyer could lose his/her down payment and be held in contempt of court.
- You can also find Sheriff’s Sales on the Internet!
Visit the public notices website: http://publicnoticesohio.com/
Under Popular Searches click on Sheriff’s Sales
Under County, choose Tuscarawas
Indicate the date range
Click on Go to conduct your search!
For property information, visit http://www.co.tuscarawas.oh.us, under the main menu select Searches, then the Real Estate Search link or visit http://auditor.co.tuscarawas.oh.us.