INFORMATION SHEET / PRE-SALE

DELINQUENT TAX FORECLOSURE SALES:

Please read the following information.  Properties are purchased “sight unseen, as is ” and all sales are

“BUYER BEWARE”.

1.                    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.  No access is available; many homes are still occupied by the defendant(s).

2.                   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 are the responsibility of the buyer.  Research should be conducted through the Clerk of Courts File Room to ascertain the liens, County Fiscal Office for amount of taxes that are due, and Federal Court for federal liens that are pending.  Meth lab locations are reported to the local Health Departments.  Contact their office for information on these properties.

3.                   All delinquent tax sales are listed on our website as they are set for sale.  Please review these lists for the properties that are of interest.  We update the sale list with any cancellation orders that may have been filed and received at the Sheriff’s Office.   (FYI – Questions re: Tax Lien Certificate Sales should be directed to the County Fiscal Office.)

4.                   Purchasers who obtain property from Sheriff’s Sales are obligated to purchase the property or forfeit their deposit and possible legal action may also be incurred against them.

5.                   Deposits are pre-set at $1000.00 for each delinquent tax property.   ALL deposits must be tendered in the form of cash, money order, certified check or cashier’s check ONLY.

6.                   Bidders at the sale are required to have the minimum deposit amount immediately at the time they are the highest bidder.  There is not time to go to the bank or obtain money from any outside sources.  If the highest bidder fails to have the money available, the property will be re-introduced immediately for sale to the public.

7.                   The highest bidder will provide the Sheriff’s Office with the name(s) (as it is to appear on the deed), current address, and a phone number for the buyer.  A Purchaser Information Form is now required from each buyer.  The Sheriff’s Office will complete this form for the buyer and it 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 deed may only be made with a Court Order. (For a Business, a contact name is also required.)

8.                   The balance of the sale price is due and payable within 30 days of the date of sale. THERE ARE NO EXTENSIONS.  The first 8 (eight) days after the sale date are without interest.  Interest begins on the 9th (ninth) day after the sale at a rate of 10% per year, calculated daily, on the balance due.

9.                   Buyers are responsible for paying the taxes that are due on each property.  The taxes are paid directly to the County Fiscal Office and they will complete a “Tax Verification Form” and stamp it with a red seal.  When that original form is provided to the Sheriff’s Office, that tax amount will be subtracted from the balance of the purchase price due.   Delinquent tax sale properties must be paid in full BEFORE the confirmation of sale will be prepared.

10.                 Properties not paid in full after 30 days are subject to a contempt of court filing.

11.                  Preparation of the “Confirmation of Sale” is the responsibility of the plaintiff’s attorney. Delinquent tax sale properties must be paid in full BEFORE the confirmation of sale will be prepared.  After the confirmation has been completed and filed in the Clerk of Courts by the plaintiff’s attorney, it is the plaintiff’s attorney’s responsibility to provide the Sheriff’s Office with a filed copy of the confirmation.  This instructs the Sheriff’s Office to prepare and record the deed for the new owner. 

The deed will be prepared and recorded within 14 business days of receiving all correct documentation at the Summit County Sheriff’s Office and once we have received the following:

a.                    The monies have been paid in full to the Sheriff’s Office, Civil Bureau.

b.                    The taxes have been paid & the Tax Verification Form (with Red Seal) has been received at the Sheriff’s Office, Civil Bureau.

c.                    A Filed copy of the Confirmation of Sale has been received at the Sheriff’s Office, Civil Bureau.

We will notify the buyer/new owner as soon as the deed has been recorded.

12.                 If the occupant has not moved out by the time the deed has been recorded, a "Writ of Possession" can be filed with the Clerk of Courts by the new owner (at the new owner’s expense).  This begins the process which gives the Sheriff's Office the authority to process a 10 day notice for the occupant to leave. The “Writ of Possession” has to be served to the occupant or posted on the property.  (Requesting the notice to be posted allows the Sheriff to leave or post the notice at the residence without obtaining a signature.)  We check again after 10 days after service or posting and if they have not left, the new owner can request an eviction date to be scheduled. The Sheriff's Office will set a mutually agreeable eviction date with the new owner and it is that new owner's responsibility to set up the movers, storage for the items, and the locksmith at the new owner's expense. Property items cannot be put out on the curb.  The defendant then has to make arrangements with the new owner to retrieve their items out of storage. 

13.                 Also review the Rules of the Court of the General Division.