Take time to review the frequently asked questions
below to get a better understanding of how Sheriff Sales work in Muskingum
County.
The status of any sale can be changed any time up to
the time of sale. Sheriff Sales are normally advertised in the Tuesday
edition of the Times Recorder for a minimum of three (3) consecutive
weeks.
ENTERING THE PROPERTY WITHOUT THE PERMISSION OF THE OWNER OR
OCCUPANTS IS A VIOLATION OF OHIO REVISED CODE SECTION 2911.21. PUNISHABLE
BY UP TO 30 DAYS IN JAIL AND A $250.00 FINE.
NOTE - The property still belongs to the original owner even though
the order of sale has been issued from the court. If you purchase a
property at Sheriff's Sale, and have a ten percent deposit down, it
still belongs to the original owner until the Common Pleas Judge has
signed the confirmation of sale. This process may take up to 30 days
or more. This is hard for people to understand, and can be very risky
in terms of money and other concerns. If you have any questions regarding
this you should contact your personal attorney before any real estate
purchase from a Sheriff Sale. WE CANNOT ADVISE YOU OF ANY
LEGAL QUESTIONS YOU MAY HAVE.
The Muskingum County Sheriff's Office does not
have keys for the properties that are being sold.
The appraisals of these properties was completed without
an interior inspection. The Sheriff's Office nor the appraisers are
responsible for the condition of the property at the time the purchaser
takes possession.
FREQUENTLY ASKED QUESTIONS
Q - Where and when are Sheriff's Sales held?
A - Sheriff sales are conducted at the Muskingum County Courthouse,
located in downtown Zanesville, in the first floor hallway. Sales are
held on Friday's at 10:00am.
Q - Do properties have to bring a set amount before
they are sold?
A - Yes, the property must bring at least two-thirds (2/3rds) of the
appraised value or it cannot be sold.
Q - What are the terms of sale?
A - 10% of the purchase price down on the day of sale, with the balance
due upon delivery of the Sheriff's Deed. (NOTE - In some cases the deposit
amount is specified in the order of sale issued from the court. This
will be reflected in the sale advertisement listed in the newspaper.)
Q - Do you take sealed bids?
A - Unless ordered by the Court, the sale must be a public sale. You
or your agent must appear to bid. All bidding is done at the sale. No
prior or sealed bids are taken. There is no prior registration. Make
sure you can meet the terms of sale. This is a Court function. If the
sale is not completed, you are subject to being held in contempt of
court.
Q - What about liens and taxes?
A - The Sheriff's Office does not have information on liens and taxes.
It is the responsibility of the prospective purchaser to check into
properties for back taxes, delinquent utility bills, liens and/or additional
costs. You are urged to consult an attorney if you have questions. Again,
the Sheriff's Office cannot give legal advice.
Q - When do we get keys to the property?
A - The Sheriff's Office does not have keys for the houses.
Q - How long does it take to get the deed?
A -The attorneys prepare the deed. It usually takes 6-8 weeks. When
we receive the deed we will call the buyer to come in with the balance
due.
Q - Can I go through the property?
A - No.The property is owned by the defendant until the sale has been
confirmed by the court. The buyer purchases any foreclosed property
caveat emptor, which means "let the buyer beware" or that
you are buying the property sight unseen. Remember, deposits are not
refunded.
Q - When can I go into the property?
A - You may enter the property once the court has confirmed the sale,
you have paid for the property in full and you have received the deed
and the deed has been recorded and conveyed. Until that time, you may
not enter the property, change the locks, have occupants removed, mow
the yard, etc.
Q - What happens if the property is occupied?
A - After the confirmation has been filed, you have paid in full and
received your deed and have recorded and conveyed the deed, you may
contact the occupants and advise them they need to vacate the premises.
If they still refuse then the buyer needs to file a writ of possession
with the Muskingum County Clerk of Courts and in turn the Muskingum
County Sheriff's Office will serve the occupants with an order to vacate.
If they still refuse to vacate, the buyer then needs to contact a moving
company and a lock smith and the moving company will move out the old
occupants at the buyers expense. The Sheriff's Office will stand by
if this occurs, but usually the occupants leave prior to filing with
the Clerk's Office.
Q - How can my mortgage company appraise the property
for my loan?
A - The Sheriff's Office does not have the authority to order the defendant
to let someone inside. The mortgage companies in this area are aware
of the problems trying to appraise without going inside. The buyer must
contact the mortgage company to work out those details.
Q - Who schedules the closings?
A - The Sheriff's Office does not attend closings. It is the responsibility
of the purchaser or the purchaser's agent to pay the balance due in
full when contacted by the Sheriff's Office. When the balance is paid,
the purchaser will receive a Sheriff's Deed, which must then be recorded.
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FOR CURRENT SHERIFF SALES LISTING
