INDIVIDUALS WHO ARE ATTENDING A SHERIFF'S SALE FOR THE FIRST TIME WITH THE INTENT TO PURCHASE A PROPERTY ARE ADVISED TO PROCEED WITH EXTREME CAUTION. THE LAW IN OHIO RELATIVE TO SHERIFF SALE OF REAL ESTATE IS, "CAVEAT EMPTOR", WHICH MEANS, "BUYER BEWARE". 


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 as best you can. The Henry County Auditor can provide a printout on the property showing the numbers, and types of rooms, etc.  Sales are “BUYER BEWARE”. You are urged to consult an attorney.

  How does the Sheriff  Sale work?

      By law the sale must be a public sale, unless ordered by the Court. Sales are held on Tuesdays at 10:00 a.m.,  unless otherwise noted, 2nd floor of the Henry County Court House. You, or a representative must appear to bid. All bidding is done at the sale. No prior or sealed bids are taken. It works the same as any common auction. There is no prior registration. Make sure you can meet the terms of the sale. Have your deposit at the sale.  Caution, this is a Court function; if the sale is not completed, you are subject to being held in contempt of court.

  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 is granted to the Plaintiff, (Lien holder), 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 would 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 obtaining the Writ of Possession from the Clerk of Common Pleas Court, and  providing manpower to set out their belongings. We do not have manpower to move belongings.  Again you should consult an attorney for questions regarding any of this.

  Final Warning!! 

    Large amounts of money are involved.  Sales are Buyer Beware. You are responsible for checking out the property and judge for yourself if it is suitable for the purpose you intend. Consult an attorney if you are in doubt!  It might be the best money you ever spent. 

    RECENT CHANGES IN LEGISLATION MAY REQUIRE A PURCHASER TO OBTAIN A SURVEY PRIOR TO RECORDING A DEED. (SEE OHIO REVISED CODE SECTION 315.251). THE COST OF SURVEY SHALL BE AT THE PURCHASER'S EXPENSE. IF YOU HAVE ANY QUESTIONS RELATIVE TO THE NEW LEGISLATION, IT IS STRONGLY RECOMMENDED THAT YOU CONTACT YOUR ATTORNEY.


Ohio Revised Code Section 315.215

[§ 315.25.1] § 315.251 When boundary survey plat and description required. Text of Statute *(A) If a deed conveying title to real property is presented to the county auditor for transfer, and the deed contains a legal description for land that is a cut-up or split of the grantor's one or more existing parcels of land as shown in the county auditor's records, or if the legal description of the land conveyed in the deed is different from the legal description shown in the prior deed to the grantor, a boundary survey plat in conformity with the new description shall be submitted with the deed. The survey plat and description shall satisfy the minimum standards for boundary surveys promulgated by the board of registration for professional engineers and surveyors pursuant to Chapter 4733. of the Revised Code. If, in the opinion of the county engineer, the survey plat and description satisfy those standards, the county auditor shall accept the deed for transfer and a copy of the survey plat shall be filed in the county engineer's survey file for public inspection. This section applies only if the requirements of this section are included in the standards governing conveyances of real property in the county adopted under section 319.203 [319.20.3] of the Revised Code. (B) Beginning on the effective date of this amendment, in the counties where the county engineer elects to engage in the private practice of engineering or surveying under division (B) of section 325.14 of the Revised Code the county auditor of that county shall designate another engineer who is registered under Chapter 4733. of the Revised Code and who is employed in the same county engineer's office to perform the duty of the county engineer under division (A) of this section or to exercise or perform any authority or duty of the county engineer under section 319.203 [319.20.3] of the Revised Code if the county engineer reasonably believes that the performance of that duty or exercise of that authority by the county engineer would constitute a violation of Chapter 102. of the Revised Code or any other similar civil or criminal statute. Pursuant to this authorization, the designee engineer shall act in the place of the county engineer. Neither the county engineer nor the designee engineer shall discuss any matter reasonably related to this authorization. Any act in compliance with this section is not a violation of Chapter 102. of the Revised Code or any other similar statute. Division (B) of this section applies only to a county engineer holding office on the effective date of this amendment during such time as the person continues to serve that term or an immediately consecutive term of office as a county engineer. HISTORY: 146 v S 158 (Eff 5-8-96); 146 v S 287 (Eff 3-13-97); 146 v S 262. Eff 3-18-97. * The division (A) in SB 287 (146 v --) is deleted by SB 262 (146 v --) The division (A) presented here is the material enacted by SB 262 (146 v --)