A Foreclosure action that results in the actual sale of the property by the Sheriff is a lengthy process. Key steps in the Process are as follows:
Complaint Filed: The matter is brought before the court. A Property Description Approval Form is filed to be sure that the correct legal description is attached to the complaint. This assures that the correct property is being foreclosed upon.
Judgment Entry Filed: Judgment/judgments are granted and the property may be sold to recover judgment amounts. (Typically filed 3-9 months after the complaint)
Precipe Filed: This order directs the Sheriff to advertise and sell the property. The terms of the sale (deposit amount and time allotted to pay the balance) are specified in this paperwork. The terms of sale are established at the discretion of the Plaintiff’s Attorney. The Sheriff cannot authorize an extension of these terms. The property is auctioned at Sheriff sale. Purchasers must be prepared to deliver the deposit by the close of business on the day of the sale or the purchaser may be held in contempt of court.
Public Auction: The property is auctioned at Sheriff sale. Purchasers must be prepared to deliver the deposit at the time that the officer in charge of the sale accepts the bid. If the deposit is not available, the bidding will be re-opened until a successful bidder is found that has the required deposit. The successful bidder will file the Purchaser Information Form at the same time as the deposit.
Confirmation Filed: This order names the purchaser, orders the deed, the distribution of proceeds, orders lien cancellations, etc. and awards the purchaser the right to file for a writ of possession should anyone be occupying the property. This confirmation process typically takes about 30 days. The balance of the purchase price is due and payable at this time. Failure to complete the sale will result in forfeiting the deposit and being held in contempt of court.
Deed Recorded: The Ohio Revised Code makes the Sheriff’s Office the agent of the purchaser for the purpose of accepting recording the deed. The deed will be recorded within 14 business days of receiving all of the purchase funds due. The fees for this process will be deducted from the deposit placed by the purchaser at the time of sale.
The Common Pleas Clerk of Courts Civil Division is located at 245 E. Main Street 3rd floor. They are the keeper of records and have the entire case file for each foreclosure case. Their phone number is (419) 523-8784. Responses to questions posed to the Clerk of Courts office will be limited to the type of paperwork filed.
To learn the specific content of any case document, you would have to review the actual case file by visiting their office.