NOTICE: Pursuant to Substitute House Bill 390 effective September 28, 2016, the following information applies to all Henry County Real Estate Sheriff Sales.
Sheriff sales are
conducted at the Henry County Courthouse, 660 Perry Street, Napoleon, on the
first floor of the courthouse, and start promptly at 10:00 a.m., unless
If you are interested in a sheriff sale property, please be advised that properties can be withdrawn from sale anytime up until the sale day and time of auction.
Property must be sold for no less than two-thirds of the appraised value. The appraised value is set based on an exterior appraisal of the property. The sheriff’s office does not have access to the inside of said property.
The deposit for all third party purchasers will no longer be 10% of the appraisal price. The new deposit is as follows:
If appraised value of the property is:
Less than or equal to $10,000 = $2,000 deposit required
Greater than $10,000 and less than or equal to $200,000 = $5,000 deposit required
Greater than $200,000 = $10,000 deposit required
Judgment Creditors ONLY
A party to which a debt is owed that has proved the debt in a legal proceeding andthat is entitled to use judicial process to collect the debt; the owner of an unsatisfied court decision May now submit a remote bid to the Sheriff’s office by fax at (419) 592-6915 or email to email@example.com. The remote bid of the Judgment Creditor must be a fixed amount delivered to the Sheriff’s office at the designated fax or email address prior to 4:00 pm the business day before the sale. The Sheriff’s office shall confirm receipt of the bid via email to the Judgment Creditor who entered the bid prior to the sale. Results of remote bids and the sale will be emailed to the Judgment Creditor after the sale that same day. Remote bidders must provide the Remote Bid Form and the Purchase Information Form, when they fax or email their bid.
If property remains unsold after the first sale, a second sale shall be held and the property shall be sold to the highest bidder with no minimum bid but subject to ORC 2329.21 relating to costs, allowances and real estate taxes. The possible second sale date will be specified in the original advertising of the property. The Henry County Sheriff’s Office is NOT responsible for providing total amounts due at time of sale. It is the responsibility of the bidder to obtain these amounts prior to sale.
If you are the
successful bidder, the process after the sheriff sale auction takes an
additional 30 to 40 days to complete. Once the confirmation entry is filed
with the Court, and our office receives the Sheriff’s Deed, we will contact
you to schedule a time to complete the sale. You must have the balance of
the proceeds at that time. Our office will accept a personal or bank check
made payable to the Henry County Sheriff’s Office.
If you purchase a property at sheriff sale, it still belongs to the original owner until the Common Pleas Judge has signed the confirmation of sale. This process usually takes up to 30 days or more. The property is not transferred into your name until the sheriff’s deed has been recorded with the Henry County Recorder. Please note the judgment creditor and first lienholder each have a right to redeem the property within 14 days of the sale by paying the full purchase price to the Clerk of Court. The Clerk of Court shall proceed with the redeeming party being considered the successful purchaser of the sale.
NOTE: Sheriff Sales can be very risky in terms of money and other concerns. If you have any questions regarding this, you should consult your personal attorney before any real estate purchase from sheriff sale. The Sheriff’s Office cannot advise you on any legal questions you may have.
Frequently Asked Questions:
Can we see the House?
We have no access to the interior of the houses for sale. No arrangements may be made for an internal inspection of the properties. You are urged to check out the property records at the Henry County Auditor and the Henry County Recorder offices. The Henry County Auditor can provide a printout on the property showing the numbers, and types of rooms, etc. You can access the Auditor’s website at www.co.henry.oh.us., on the left of the screen select “real estate inquiry”, then enter the address of the property to obtain the information you need.
How does the Sheriff Sale work?
By law, the sale must be a public sale, unless otherwise ordered by the Court. Sales are held on Tuesdays at 10:00 a.m. unless otherwise noted, on the first floor of the Henry County Courthouse. You, or a representative must appear to bid All parties interested in purchasing a property at sheriff sale need to complete the form below and have this form completed and ready the day of sale.
**PURCHASER INFORMATION FORM**
Make sure you can meet the terms of the sale. Be ready to make your deposit at the time of sale. Caution, this is a Court function; if the sale is not completed, you are subject to being held in contempt of court and losing your deposit. Click here to download the form.
What happens to the liens on the property?
Liens are marshaled, (placed in order and paid in order), and paid from the sale proceeds. A deficiency judgment may be granted to the plaintiff against the defendant (homeowner), if enough money is not generated at the sale. The liens are then canceled against the property. The exception is a Federal Lien, (which will be on file at the Henry County Recorder’s Office). You are urged to check out any liens, and check with an attorney if you have questions. We do not have lien information at the Sheriff’s Office.
What if someone is living in the house?
If someone is living in the house and will not vacate, the Sheriff’s Office will remove them on issue of a Writ of Possession. You may be responsible for paying the filing fee to obtain the Writ of Possession from the Clerk of Common Pleas Court, and providing manpower to set out their belongings. Again, you should consult an attorney for questions regarding any of this as the Sheriff’s Office cannot give legal advice.
****** For a
complete copy of the 131st General Assembly Substitute House Bill 390,
please visit the Ohio General Assembly Website