Login | December 12, 2017

RULES OF PRACTICE AND PROCEDURE

of the
COURT OF COMMON PLEAS
GENERAL DIVISION

of
SUMMIT COUNTY, OHIO


12. SHERIFF'S SALES

12.01 – BID AND DEPOSIT

Effective September 28, 2016, pursuant to R.C. 2329.211, in every sale of real estate, the Sheriff shall require from the bidder, a deposit of Cash, Certified Check, Cashier’s Check or Money Order, PAYABLE to the Summit County Sheriff, in amounts as follows:

For Residential Properties:

1. If Appraised Value is $10,000 or less, the deposit will be $2,000

2. If Appraised Value is more than $10,000, but less than or equal to $200,000, the deposit will be $5,000

3. If Appraised Value is more than $200,000, the deposit will be $10,000.

If the Judgment Creditor is the purchaser at the sale of residential property, they shall not be required to make a sale deposit. All other purchasers shall make a sale deposit as listed above.

For Commercial Properties:

1. The purchaser at the sale shall make a deposit pursuant to the requirements, if any, established for the sale by way of Court Order. If no requirements have been established by Court Order, then the deposit for Commercial Properties will follow the rules for deposit for Residential Properties.

For Delinquent Tax Sales

1. Deposits for Delinquent Tax Sales will be $1,000.

When required, sale deposits shall be tendered to the Sheriff at the time of acceptance of the bid, at the sale.

If such deposit is not so tendered forthwith, the Sheriff shall reopen the bidding immediately, starting with the next highest bid, if still available, and continuing until a sale is made to a bidder who meets the requirements of this Rule regarding deposits. The purchaser shall be required to pay interest at the rate of ten percent (10%) on the unpaid balance of the bid amount, unless paid within eight (8) days after the date of sale. The entire balance of the purchase price shall be paid within thirty (30) days of the filing of the Confirmation of Sale. Any interest received shall be applied toward the satisfaction of the judgment in the action.

12.02 – TIME AND PLACE

Mortgage Sales shall be held at the West Door of the Courthouse on Fridays at 10:00 a.m. Eastern Time.

When required, sale deposits shall be tendered to the Sheriff at the time of acceptance of the bid, at the sale.

12.03 – SHERIFF’S RETURN OF SALE

Immediately following the sale on Friday, the Sheriff shall make the Sheriff’s Writ of Execution – Report of Sale to the Court showing the name and address of the purchasers and the amount of the bid with a Purchaser Information Form as prescribed by R.C. 2329.26, 2329.27 and 2329.271, endorsed by the Sheriff.

If any tax certificate parcel is twice offered for sale pursuant to R.C. 5721.39 and remains unsold for want of bidders, the officer who conducted the sales shall certify to the Court that the parcel remains unsold after two (2) sales. The Court, by entry, shall order the parcel forfeited to the certificate holder who filed the request for foreclosure or notice of intent to foreclose under R.C. 5721.37.

12.04 – CONFIRMATION OF SALE OR VACATED SALE

Counsel shall prepare and submit to the Court an Order of Confirmation of Sale approved by all parties who have entered an appearance in the matter no later than thirty (30) days from the date of the Return of the Sheriff’s Writ of Execution – Report of Sale and the endorsed Purchaser Information Form. Counsel for plaintiff shall file a Motion for Confirmation of Sale in accordance with Rule 7.14. Upon filing the Confirmation of Sale, counsel shall provide to the Sheriff, within seven (7) calendar days, the deed packet, to include:

1. Time-Stamped copy of filed Confirmation of Sale

2. Prepared, completed Sheriff’s Deed

3. Completed Conveyance Form

4. Monies Due

Sheriff shall review and approve or reject the Deed and Conveyance Form. The approved Deed will be recorded by the Sheriff with the Fiscal Officer’s Recording Division, within fourteen (14) business days of payment of the purchase price. The Sheriff will charge a fee of Seventy-Five Dollars ($75) as an associated administrative cost to process each Conveyance Form and to record each Deed.

Pursuant to Summit County Local Ordinance 2008-394, the $200 Foreclosure Education fee shall be disbursed by the Sheriff’s Office at the time of Final Distribution.

The Clerk of Courts shall ensure that all Confirmations of Sale and Orders Vacating Sale are served upon the Summit County Sheriff, Civil Division, either electronically or via hand delivery.

12.05 – FAILURE TO PAY BY PURCHASER

A purchaser who fails to pay the entire purchase price to the Sheriff within said thirty (30) days from the filing of the Confirmation of Sale may be held in contempt of Court, unless an extension of time is granted by the Court. If such extension is not granted, the Sheriff, or other parties in interest, may immediately cause a citation to be issued commanding the purchaser to appear before the Court and show cause as to why such purchaser should not be held in contempt. If the purchaser is found in contempt, the Court, in determining the penalty, shall take into consideration the cost of readvertising and all expenses and losses necessarily incurred by reason of delay in the sale of the premises and any party in interest may request the issuance of an Alias Order of Sale by filing a praecipe with the Clerk of Courts.

12.06 – ADDITIONAL COSTS AND TAXES

The purchaser shall be responsible for those costs, allowances, and taxes, etc., that the proceeds of the sale are insufficient to cover. (Based on Sections 2329.20, 2329.21, 2329.26 of the Revised Code.)

12.07 – POSTING OF RULES

The Sheriff shall keep a copy of these Rules conspicuously posted at the place where sales are conducted, and shall call attention to them before receiving bids.

 

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