After Sale Instructions
Effective 05-01-2018; rev. 08-12-2020; rev. 10-14-2020; rev. 07-20-2021
1. PLEASE READ ALL INSTRUCTIONS!
a. Please READ THIS NOTICE carefully, as the Sheriff’s Office reserves the right to modify these procedures as necessary to ensure our compliance with the Requirements of House Bills 390, 463, the Ohio Revised Code and Local Court Rule.
b. ALL MORTGAGE SALES & DELINQUENT TAX SALES are now conducted on the Sheriff’s Office RealAuction website.
c. The entire foreclosure process (from Sale to Deed) takes a MINIMUM of 6 to 8 WEEKS.
d. ALL Sales are “BUYER BEWARE”. They are sold “SIGHT UNSEEN”. You cannot get into the property to view the interior at any time, nor can the Sheriff’s Office get you inside (before or after the sale). These properties are sold “AS IS”. ALL SALES ARE FINAL!
e. If you attempt to gain access to the property before you have your deed, you can be subject to Criminal Charges being filed against you.
f. Buyers who purchase property from Sheriff’s Sales are obligated to complete the sale, or forfeit their deposit. Possible legal action may also be incurred against the buyers through Contempt Of Court proceedings.
2. YOUR DOCUMENTS:
a. Realauction Online Site will notify the buyer at the end of the sale online
b. Realauction Online Site will also notify the buyer by sending a CONFIRMATION EMAIL to the email address provided at registration.
c. Bidders may also check either the Online Site or the Sheriff’s Website for Sale Results
i. Note: the Sheriff’s Website will be updated with sale results by the end of the sale day due to import/export process of sale results data and deposit transfers from Realauction to the Sheriff
d. We are unable to provide any other documentation.
e. The Sheriff’s Office will not sign any settlement statements or closing documents.
3. PAY TAXES:
a. The BUYER is responsible for the following:
i. OBTAIN a Blank Tax Verification Form from the Sheriff’s Office Website, Complete the TOP Portion in full, PRINT Form and Sign the TOP Portion.
a. On the Sheriff’s Office Website: https://sheriff.summitoh.net/
a. Steps for MORTGAGE SALE: Go to Information Tab, select Sheriff Sales, Sheriff Sale Forms, Tax Verification Form (MORTGAGE SALE), CLICK to open
b. Steps for TAX SALE: Go to Information Tab, select Sheriff Sales, Sheriff Sale Forms, Tax Verification Form (TAX SALE), CLICK to open
b. A Blank Tax Verification Form MUST BE COMPLETED for Each Parcel Number listed for the Property purchased. (1 form per parcel)
a. If the property you purchased has 3 parcels, then you need to complete 3 separate Tax Verification Forms!
ii. WRITE in the TOTAL MINIMUM AMOUNT on the bottom left column for each parcel.
a. For Mortgage Sales: The Minimum Amount to be paid can be found on the Sheriff’s Website listed as “TAX DUPLICATE AMOUNT” & “TAX DUPLICATE AMOUNT - LIEN”
a. ADD these amounts together and WRITE THE TOTAL amount for each parcel. (1 Tax Verification Form for EACH PARCEL!)
i. For MORTGAGE Sales: Write the Total on the “CONFIRMATION AMOUNT (Sheriff to Provide)” Line on the bottom left column of the Tax Verification Form
b. For Tax Sales: The Minimum Amount to be paid can be found on the Sheriff’s Website listed as “TAX AMOUNT USED TO SET MINIMUM BID”
a. WRITE this amount for each parcel. (1 Tax Verification Form for EACH PARCEL!)
i. For TAX Sales: Write the Total on the “SUB TOTAL AMOUNT” Line on the bottom left column of the Tax Verification Form
c. NOTE 1: You will need to cross out the “$-0-“ amount listed on the bottom left column before writing in the total amount.
d. NOTE 2: For both Mortgage and Delinquent Tax Sales, a Tax Verification Form MUST BE COMPLETED for each parcel, even if the Amount Due is $-0-.
iii. CONTACT THE FISCAL OFFICE for a Tax Amount Pay-Off.
a. Call the Fiscal Office-Tax Division (Delinquent Tax) at 330-643-2600
a. When you call, you must tell them that this is a pay-off for a SHERIFF SALE
b. MINIMUM AMOUNT to be PAID is the Amount due as of the DATE OF SALE from the Sheriff’s Website, that you listed on the Tax Verification Form
iv. PAY THE TAXES AS SOON AS POSSIBLE, to avoid paying any additional late fees, interest, penalties, etc that may be added to the taxes after the sale.
a. Additional taxes may be due at the time of payment and will be collected by the Fiscal Office
b. TERMS: GUARANTEED FUNDS ONLY. (cash, cashier’s check, money order only. No wire transfers)
c. Submit the completed Tax Verification Form(s) AND Payment for taxes due on the Tax Duplicate to the Summit County Fiscal Office.
a. Mail to:
Summit County Fiscal Office
Treasurer’s Division
175 S. Main Street, 3rd Floor|
Akron, OHIO 44308
b. Once you have paid the Taxes, the Fiscal Office will fill in the remainder of the Tax Verification Form (Bottom Portion). They will complete and sign the Bottom Portion and then Stamp it with a RED SEAL.
i. The Fiscal Office will send this completed Tax Verification Form(s) with the RED SEAL directly to the Sheriff’s Office by electronic mail on a daily basis.
4. PAYMENT OF BALANCE OF PURCHASE PRICE DUE:
a. IN PERSON:
i. Cash, or Cashier’s Check ONLY for exact amount!
ii. Absolutely NO PERSONAL, or BUSINESS CHECKS accepted.
iii. Make Payable to the SUMMIT COUNTY SHERIFF
iv. Credit/Debit Cards, Business Checks, Personal Checks or Letters of Credit ARE NOT ACCEPTED, at any time.
v. Hours: Monday-Friday 7:30am-3:00pm for payments
b. ONLINE:
i. The Remaining BALANCE can be paid ONLINE on the Sheriff’s Website through the online official payment site of ACI PAYMENTS.
a. Buyer MUST contact Sheriff’s Office to obtain TRANSACTION ID # and Pay-Off Amount Due prior to paying online
ii. Online Payments are formatted by E-Check Payments only
a. Buyer must have his/her bank routing and account numbers ready
iii. A $2.95 non-refundable Service Transaction Fee will be charged per transaction made
c. The entire balance of the purchase price for Mortgage Sales, shall be paid to the Summit County Sheriff within thirty (30) days of the filing of the Order of Confirmation of Sale.
d. Properties not paid in full, within the required 30 days after the filing of Confirmation of Sale, are subject to a contempt of court filing.
5. ADDITIONAL FEES TO BE PAID BY BUYER:
a. The buyer may be responsible to pay additional fees over and above the purchase price, such as Conveyance, Lot and Recording Fees.
b. The buyer shall be responsible for those costs, allowances, and taxes, etc., that the proceeds of the sale are insufficient to cover. (Local Rule 12.06; ORC 2329.20, 2329.21, 2329.26)
c. NOTE: These additional fees may be added to/included in your Pay-Off Amount
6. YOU MUST CONTACT OUR OFFICE FOR A PAY-OFF AMOUNT BEFORE PAYING THE BALANCE OF FUNDS.
a. Please provide an exact date so we can calculate this pay-off amount for you.
b. You must pay the taxes at the Fiscal Office, then you will need to bring in or mail in the balance of the purchase price to the Sheriff’s Office-Civil Division; or pay it online through the Sheriff’s Website’s ACI Universal Payments.
i. The Fiscal Office will send the Tax Verification Form to the Sheriff’s Office AFTER Taxes have been paid.
a. This needs to be received at the Sheriff’s Office BEFORE the filing of the Sheriff’s Deed
c. If you fail to contact our office for an EXACT PAY-OFF prior to obtaining your funds and bringing them to our office, your payment will NOT be accepted, it will be returned to you, and you will be required to obtain the correct amount of funds due.
d. The main telephone number to the Civil Division is 330-643-2278. This is an automated number. After dialing and you are prompted, dial “0” and ask to speak to someone regarding a “Sale Pay-Off”. OR, you can email your Pay-Off Request to our general email address at civilbureau@sheriff.summitoh.net
i. Please provide the Case Number and Property Address when you call or email
ii. Please provide the DATE you want to pay-off the Property when you call or email
e. TERMS OF SALE:
i. If paying in person, ALL PAY-OFFS must be tendered in the form of cash, or cashier’s check ONLY, made payable to the SUMMIT COUNTY SHERIFF.
a. This applies to ALL BIDDERS.
b. Credit Cards, Debit Cards, Business Checks, Personal Checks or Letters of Credit ARE NOT ACCEPTED.
c. Note: The EXACT AMOUNT IS NEEDED. Overpayments are NOT accepted.
d. BRING IN or MAIL IN the Pay-Off Amount to our office:
SUMMIT COUNTY SHERIFF’S OFFICE
Civil Division – Courthouse
209 S. High Street
Akron, OH 44308
ii. If paying online through the Sheriff’s Website ACI Universal Payments, all online payments are formatted by E-Check with a $2.95 non-refundable service fee.
a. Must contact Sheriff’s Office for Pay-Off Amount and to obtain the Transaction ID # needed for the online payment.
b. Once the pay-off amount and transaction id # are obtained, the Sheriff’s Office will make a data entry line item on the Sheriff’s Website with this information as well for reference
7. BALANCE DUE:
The balance of the purchase price is due within 30 Calendar days from the date of the filing of the COURT ORDER called the “Confirmation of Sale”.
8. CONFIRMATION OF SALE:
The preparation of the Court Order called the “Confirmation of Sale” is the responsibility of the plaintiff’s attorney and should be filed within 30 Calendar days from the date of sale. After it has been completed and filed in the Clerk of Courts, it is the plaintiff’s attorney’s responsibility to provide the Sheriff’s Office with a Deed Packet; which includes a filed copy of the Confirmation. This Deed Packet includes the documents the Sheriff’s Office needs to have the deed recorded for the new owner.
9. RIGHT OF REDEMPTION:
Buyers are hereby informed that under O.R.C. 2329.33, the Homeowner has a statutory Right of Redemption prior to the filing of the Confirmation of Sale.
a. ORDER TO VACATE: Should the Homeowner redeem his/her property, an Order to Vacate the Sheriff’s Sale will be filed with the Court by the Plaintiff’s Attorney. This Order to Vacate is also to instruct the Sheriff to return the monies paid back to the buyer.
b. If an Order to Vacate Sheriff’s Sale is received at the Sheriff’s Office, please allow a minimum of 3 weeks for processing before the deposit can be refunded.
10. SHERIFF’S DEED:
the Sheriff’s Deed will be reviewed and recorded within 14 business days once we have received the required funds from the buyer; and, the paperwork from the plaintiff’s attorney, called the Deed Packet, AND all items are found to be correct.
a. The only exception will be any time there are errors or discrepancies in the paperwork.
b. NOTE: No recording of the deed will be conducted until ALL funds and paperwork have been received and are correct.
11. DEED READY:
We will notify the buyer/new owner when the deed has been recorded, our process has been completed, and the Deed is ready for pickup.
a. Once notified, the buyer must come to the Sheriff’s Civil Division Office to pick up their Recorded Sheriff’s Deed.
b. DEEDS WILL NOT BE MAILED.
c. The Summit County Sheriff’s Office, Civil Division
i. Located in the Summit County Courthouse at 209 S. High Street, Akron, OH 44308
ii. Hours: M-F 7:30am-4:00pm (Closed Saturday, Sunday, ALL Legal Holidays)
12. EVICTION PROCESS – General Information
a. If you attempt to gain access to the property before you have your deed, you can be subject to Criminal Charges being filed against you.
b. If the property is still occupied or the occupants still have belongings in/on the property, it is the buyer’s responsibility to have the occupants evicted after the Confirmation has been filed and the SHERIFF’S DEED HAS BEEN RECORDED. Then the buyer can begin the Eviction Process (at the buyer’s expense) by filing a Precipe for the eviction paperwork, called WRIT OF POSSESSION.
i. This begins the process which gives the Sheriff’s Office the authority to process a 10-day notice for the occupant(s) to leave. In order to initiate the 10-day notice, the WRIT OF POSSESSION has to be served to the occupant(s) or posted on the property.
a. (Requesting the WRIT to be posted allows the Sheriff to serve the occupant(s) by leaving, or posting, the WRIT at the residence without obtaining a signature. Orders to Post can only be obtained through the court with the Judge’s approval and signature, then filed and certified by the Clerk of Courts.)
c. After service or posting, the Sheriff’s Office will check the property after 10 days. If the occupant(s) has/have not left, the buyer can request an eviction date to be scheduled. The Sheriff’s Office will set a mutually agreeable eviction date with the buyer and it is that buyer’s responsibility to set up the movers, storage for the items, and the locksmith at the buyer’s expense. Property items cannot be put out on the curb. The occupant(s) then has/have to make arrangements with the buyer to retrieve their items out of storage.