CURRENT REAL ESTATE SALE LISTING

SHERIFF SALE PURCHASER INFORMATION FORM

REAL ESTATE SALES INFORMATION

NOTE: OCTOBER 11, 2016, NEW SALE TERMS WENT INTO EFFECT IN ACCORDANCE WITH H. B. 390.

 

THE SHERIFF’S OFFICE CANNOT GIVE LEGAL ADVICE

GENERAL INFORMATION:

 

  • When there are properties to be sold, the Brown County Sheriff’s Office holds real estate auctions on Mondays at 1:00 P.M., at the Brown County Courthouse on the square in Georgetown, Ohio.

  • There are no Sheriff Sales on federal holidays. Sales are advertised in the Brown County Press newspaper.  Sheriff’s sales of Real Estate 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  • Properties may be withdrawn from a sale with a court order up to the time of sale.

 

  • The Sheriff’s Office has no keys to the house for sale.  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 sale has been confirmed, the balance due has been paid and the Sheriff’s deed has been recorded. 

 

  • The property is not available for tour or inspection prior to the sale.  The purchaser gets the property “as is” or buyer beware.  The Sheriff’s Office makes no warranty or guarantee on any property.

  • 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.

 

  • You are urged to consult with an attorney if you have any questions.

TERMS OF SALE:

 

  • 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 $10,000.00, deposit is $2,000.00

             ** If property appraisal is greater than $10,000.00 but less than or equal to $200,000.00, deposit is $5,000.00

             ** If property appraisal is greater than $200,000.00, a deposit is $10,000.00

 

  • All commercial properties subject to judicial sale and residential properties subject to sale for delinquent property taxes sold to third properties 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, a driver’s license or state identification card is required.

 

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 the Proceeds is filed with the court by the attorney of record.  This may take 3-4 weeks; is there are any discrepancies this process will take longer.

 

  • Upon receipt of the above order, the attorney of records 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 phone 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 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. 

 

  • If the successful bidder is a third party purchaser the final payment must be made with a certified check, cashier’s check, personal check or money order.  The Brown County Sheriff’s Office has no ability to accept funds via wire transfer.

 

BEFORE THE SALE:

 

The first run advertisement of the sale will be mailed to the attorney of record.  Advertisements will contain the date, time, place, deposit requirements and a provisional second sale date.

 

Remote bids by judgement creditors/lienholders who are party to the action must be received on or before 4:30pm the business day before the sale via fax.  Remote bids may be faxed to 937-378-0494. Remote bids shall be a fixed maximum amount.  A completed Purchaser Information Form must accompany the remote bid.

 

The Brown County Sheriff’s Office will confirm the receipt of the remote bid by fax or phone.

AT THE SALE:

 

  • The sale must be confirmed within 30 days after the sale date, unless vacated or stayed by court order (i.e. Bankruptcy).

 

  • Purchasers to pay the balance due within 30 days of the Confirmation of Sale.

 

  • The attorney of record must provide the deed to the Sheriff’s Office within seven days from the filing of the Confirmation of Sale. The Sheriff’s Office will be responsible for proofing, notarizing and obtaining the Sheriff’s signature on the deed.

 

  • The Sheriff’s Office is responsible for recording the deed within 14 calendar days after the confirmation of sale and payment of balance due.

 

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