Deputy Gale Zelms,
Civil Deputy
Deputy Dave Regal, Civil Deputy
Current Sales information as of July 2, 2009
Sheriff Sales in Ottawa
County are only held on Friday mornings at 10:00 am in Room 100, First Floor of the Ottawa County
Courthouse. The full legal advertisements are also only published in
the Friday edition of the Port Clinton News Herald. The News Herald can be
reached at 419-734-3141.
The terms of all Sheriff Sales, except that
of delinquent taxes, are the same being that the property cannot be sold for
less than 2/3rds of the appraised value unless otherwise ordered by the court. All bidding will be in whole dollar
amounts, NO CENTS. A 10% deposit of the highest bid is
required on the date of sale, either cash, certified check, or money
order. The balance is due upon the confirmation of the sale by the Ottawa
County Court of Common Pleas. The deed will be issued upon the balance being paid.
All checks to be made out to “Ottawa County Sheriff’s Office”.
THE PROPERTY BELONGS TO THE DEFENDANT UNTIL IT IS SOLD, THE SHERIFF’S OFFICE CANNOT ARRANGE ENTRY TO LOOK AT THE PROPERTY BEFORE THE SALE.
ATTENTION – THIS PUBLICATION PROVIDED AS A COURTESY ONLY, INFORMATION CONTAINED SHOULD NOT BE CONSIDERED A FULL “LEGAL” DESCRIPTION OR OFFERING OR BINDING IN ANY WAY. SEE LEGAL AD PUBLISHED IN PORT CLINTON NEWS HERALD FOR FULL LEGAL DESCRIPTION AND DETAILS. NOT RESPONSIBLE FOR ERRORS/OMISSIONS, USE THIS PUBLICATION AT YOUR OWN DISCRETION AND RISK.
Deputy Gale Zelms, Civil Division
For more information concerning a parcel of property or tax information you may search the following sites:
(Click on red for more information.)
Posted June 4, 2008
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. [§ 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 --)
**OLD SALES**
07-03-09 Holiday - No Sales
---------------------------
**NEW SALES**
CASE 08CV276E
PLAINTIFF CHASE HOME FINANCE LLC
DEFENDANT HADLEY, DAVID M, ET AL
ADDRESS 540 MAIN ST.
CITY CLAY CENTER
DATE OF SALE 7-10-09
APPRAISED AT $ 70,000 BIDS START AT $46,667 JUDGMENT $108,542.15
---------------------------
CASE 08CV063E
PLAINTIFF COUNTRYWIDE HOME LOANS, INC
DEFENDANT SINGLETON, RICK J., ET AL
ADDRESS 9365 W SR 163
CITY OAK HARBOR
DATE OF SALE 7-10-09
APPRAISED AT $ 170,000 BIDS START AT $113,334 JUDGMENT $207,573.11
---------------------------
CASE 08CV178E
PLAINTIFF WELLS FARGO BANK, NA
DEFENDANT GARZA, ANZELMO ET AL
ADDRESS 905 E. THIRD ST.
CITY PORT CLINTON
DATE OF SALE 7-10-09
APPRAISED AT $ 70,000 BIDS START AT $ 46,667 JUDGMENT $78,517.09
---------------------------
CASE 08CV665E
PLAINTIFF FLAGSTAR BANK, FSB
DEFENDANT KNIGHT, JEFFREY & TAMARA
ADDRESS 812 OTTAWA DR.
CITY PORT CLINTON
DATE OF SALE 7-10-09
APPRAISED AT $ 130,000 BIDS START AT $ 86,667 JUDGMENT $167,878.21
---------------------------
CASE 08CV623E
PLAINTIFF FIRST FEDERAL BANK OF THE MIDWEST SUCCESSOR BY MERGER TO THE GENOA SAVINGS AND LOAN CO.
DEFENDANT SCOTT, PORTLAND S.
ADDRESS 108 SUNNYDALE LN.
CITY MARBLEHEAD
DATE OF SALE 7-10-09
APPRAISED AT $40,000 BIDS START AT $26,667 JUDGMENT $60,443.43
---------------------------
CASE 08CV485E
PLAINTIFF GMAC MORTGAGE, LLC
DEFENDANT BOU-SLIMAN, JOHN J., ET AL
ADDRESS 326 E. PERRY ST.
CITY PORT CLINTON
DATE OF SALE 7-10-09
APPRAISED AT $ 265,000 BIDS START AT $176,667 JUDGMENT $289,960.84
---------------------------
CASE 08CV166E
PLAINTIFF DEUTSCHE BANK NATIONAL TRUST CO. AS TRUSTEE
DEFENDANT HOWEY, SUSAN K., ET AL
ADDRESS 958 LOST LAKE RD.
CITY PORT CLINTON
DATE OF SALE 7-10-09
APPRAISED AT $ 525,000 BIDS START AT $350,000 JUDGMENT $534,479.04
------------------------------
CASE 08CV507E
PLAINTIFF COUNTRYWIDE HOME LOANS, INC.
DEFENDANT POLLARD, CAROL M., ET AL
ADDRESS 1760 N. ELLISTON TROWBRIDGE RD.
CITY GRAYTOWN
DATE OF SALE 7-10-09
APPRAISED AT $ 110,000 BIDS START AT $73,334 JUDGMENT $104,064.28
---------------------------
CASE 07CVE661
PLAINTIFF HUNTINGTON NATIONAL BANK SUCCESSOR BY MERGER TO SKYBANK
DEFENDANT WAINGROW, BECKY S.
ADDRESS 2106N. REIMAN RD.
CITY GENOA
DATE OF SALE 7-17-09
APPRAISED AT $ 60,000 BIDS START AT $40,000 JUDGMENT $24,661.09
------------------------
CASE 08CV651E
PLAINTIFF AURORA LOAN SERVICES, LLC
DEFENDANT GRASZ, REX A., ET AL
ADDRESS 10802 E. BAYSHORE RD. UNIT 108
CITY MARBLEHEAD
DATE OF SALE 7-17-09
APPRAISED AT $ 120,000 BIDS START AT $80,000 JUDGMENT $322,654.69
--------------------------
CASE 09CV001E
PLAINTIFF DEUTSCHE BANK TRUST CO. AMERICAS
DEFENDANT COUSINO, THOMAS, ET AL
ADDRESS 591 BENTON ST.
CITY OAK HARBOR
DATE OF SALE 7-17-09
APPRAISED AT $ 95,000 BIDS START AT $63,334 JUDGMENT $121,216.97
--------------------------
CASE 09CV018E
PLAINTIFF DEUTSCHE BANK TRUST CO. AMERICAS AS TRUSTEE
DEFENDANT SCHADE, SAMUEL E., ET AL
ADDRESS 6246 N. GENOA CLAY CENTER RD.
CITY CURTICE
DATE OF SALE 7-17-09
APPRAISED AT $ 80,000 BIDS START AT $53,334 JUDGMENT $123,075
-------------------------
CASE 07CVE451
PLAINTIFF US BANK NATIONAL ASSOC. AS TRUSTEE
DEFENDANT FOWLER, RODNEY, ET AL
ADDRESS 8981 W. DUFF WASHA RD.
CITY OAK HARBOR
DATE OF SALE 7-17-09
APPRAISED AT $ 65,000 BIDS START AT $43,334 JUDGMENT $117,846.30
----------------------------
CASE 08CV686E
PLAINTIFF DEUTSCHE BANK NAT’L TRUST CO. AS TRUSTEE
DEFENDANT WEISS, LAWRENCE V.
ADDRESS 8926 W. CANADA GOOSE CT.
CITY OAK HARBOR
DATE OF SALE 7-24-09
APPRAISED AT $80,000 BIDS START AT $53,334 JUDGMENT $127,919.27
--------------------------
CASE 08CV497E
PLAINTIFF WELLS FARGO BANK NAT’L ASSOC. AS TRUSTEE
DEFENDANT GARZA, RAYMUNDO & GARZA, BLANCA
ADDRESS 815 – 817 EDISON LN
CITY PORT CLINTON
DATE OF SALE 7-24-09
APPRAISED AT $ 40,000 BIDS START AT $26,667 JUDGMENT $58,086.58
--------------------------
CASE 09CV061E
PLAINTIFF US BANK NA
DEFENDANT MCDANIEL, SHANE, ET AL
ADDRESS 330 E. MAIN ST.
CITY OAK HARBOR
DATE OF SALE 7-24-09
APPRAISED AT $67,500 BIDS START AT $45,000 JUDGMENT $56,395.33
---------------------------
CASE 08CV145E
PLAINTIFF COUNTRYWIDE HOME LOANS, INC
DEFENDANT WHITNER, JAMES, ET AL
ADDRESS 6920 W. CAMPER RD.
CITY GENOA
DATE OF SALE 7-24-09
APPRAISED AT $ 40,000 BIDS START AT $26,667 JUDGMENT $107,535.51
-----------------------
CASE 09CV089E
PLAINTIFF CITIBANK, NA AS TRUSTEE FOR CHASE 02-4
DEFENDANT VANCE, TIMOTHY L., ET AL
ADDRESS 314 HOOVER DR.
CITY PORT CLINTON
DATE OF SALE 7-24-09
APPRAISED AT $ 35,000 BIDS START AT $23,334 JUDGMENT $42,011.50
------------------------
CASE 08CV273E
PLAINTIFF WELLS FARGO BANK, NA
DEFENDANT CASE, MARY R. , ET AL
ADDRESS 855 MITCHELL RD.
CITY PUT-IN-BAY
DATE OF SALE 7-31-09
APPRAISED AT $105,000 BIDS START AT $ 70,000 JUDGMENT $121,029.15
--------------------------
CASE 09CV058E
PLAINTIFF GMAC MORTGAGE LLC
DEFENDANT FLEMING, GRETCHEN, ET AL
ADDRESS 4648 ISLAND PINES DR.
CITY PORT CLINTON
DATE OF SALE 7-31-09
APPRAISED AT $ 250,000 BIDS START AT $ 166,667 JUDGMENT $303,613.61
------------------------
CASE 08CV685E
PLAINTIFF FIRST HORIZON HOME LOANS, A DIV. OF FIRST TENNESSEE BANK, NA
DEFENDANT WEIRICH, PHILLIP & WEIRICH, KELLY
ADDRESS 104 W. OTTAWA
CITY OAK HARBOR
DATE OF SALE 7-31-09
APPRAISED AT $ 80,000 BIDS START AT $53,334 JUDGMENT $144,528
----------------------
CASE 09CV116E
PLAINTIFF NATIONAL CITY REAL ESTATE SERVICES, LLC SUCCESSOR BY MERGER
DEFENDANT HENRY, JODY D., ET AL
ADDRESS 11565 W. SALEM CARROLL RD.
CITY OAK HARBOR
DATE OF SALE 7-31-09
APPRAISED AT $145,000 BIDS START AT $96,667 JUDGMENT $148,086.21
---------------------------
CASE 09CV030E
PLAINTIFF DEUTSCHE BANK NATIONAL TRUST CO, AS TRUSTEE
DEFENDANT PEABODY, MICHAEL C., ET AL
ADDRESS 430 CHURCH ST.
CITY OAK HARBOR
DATE OF SALE 8-7-09
APPRAISED AT $ 70,000 BIDS START AT $46,667 JUDGMENT $107,552.15
------------------------
CASE 08CV457E
PLAINTIFF BENEFICIAL OHIO, INC
DEFENDANT GONZALEZ, DORIS M, ET AL
ADDRESS 305 LINCOLN DR.
CITY PORT CLINTON
DATE OF SALE 8-7-09
APPRAISED AT $60,000 BIDS START AT $40,000 JUDGMENT 115,410.81
CASE 08CV700E
PLAINTIFF HOUSEHOLD REALTY CORP.
DEFENDANT WAGNER, CLINT E., ET AL
ADDRESS 14878 W SR 163
CITY ELMORE
DATE OF SALE 8-7-09
APPRAISED AT $ 30,000 BIDS START AT $ 20,000 JUDGMENT $113,511.70
----------------------------------
CASE 08CV633E
PLAINTIFF NATIONAL CITY REAL ESTATE SERVICES LLC SUCCESSOR BY MERGER
DEFENDANT MARLOW, ROBERT F., ET AL
ADDRESS 21833 W. CURTICE E AND W RD.
CITY CURTICE
DATE OF SALE 8-14-09
APPRAISED AT $ 150,000 BIDS START AT $100,000 JUDGMENT $126,908.64
-------------------------------
CASE 07CV476E
PLAINTIFF DEUTSCHE BANK NAT’L TRUST CO AS TRUSTEE
DEFENDANT WHEELER, JOANNE M., ET AL
ADDRESS 24056 W. YOUNG RD
CITY MILLBURY
DATE OF SALE 8-14-09
APPRAISED AT $ 152,000 BIDS START AT $101,334 JUDGMENT $114,977.57
-------------------------------
CASE 08CV696E
PLAINTIFF WELLS FARGO BANK, N.A.
DEFENDANT GEISS, LEONARD J. ET AL
ADDRESS 1783 W. FREMONT RD.
CITY PORT CLINTON
DATE OF SALE 8-21-09
APPRAISED AT $90,000 BIDS START AT $ 60,000 JUDGMENT $143,910.14
-------------------------------
CASE 08CV486E
PLAINTIFF CHASE HOME FINANCE, LLC
DEFENDANT ROSS, TOBY, ET AL
ADDRESS 3178 S. SR 51
CITY ELMORE
DATE OF SALE 8-21-09
APPRAISED AT $171,000 BIDS START AT $114,000 JUDGMENT $170,887
TAX SALES
Tax sales will be held at 10:30 A.M. in the assembly room, first floor of the Ottawa County courthouse in Port Clinton on published date. If said premises is not sold on first date, it will be reoffered at second date, same time and location as first sale date. They will not be readvertised. Bidding will be the same as sheriff sales. Said premises cannot be sold for less than the total of said delinquent taxes, interest and accrued penalties and court costs. Notice is given that such taxes and special assessments, or installments of special assessments, and any other assessments, which are not legally due and payable according to law at the confirmation of sale, and all penalty and interest charges placed on the property from the time of confirmation of sale until payment in full and distribution is made shall remain a first and best lien on the parcels, and the purchasers shall take such premises subject to all such taxes, assessments, interest, and penalty charges.
TERMS OF SALE: A 10% deposit is due on the day of sale, either in cash, certified check, or money order. Upon confirmation of sale from the Ottawa County Court of Common Pleas, payment of balance due eight (8) days after notification by the Sheriff’s Office to the successful bidder that they have received confirmation of the sale. Payment of unpaid balance beyond said eight (8) day period shall draw interest at 8% per annum from the date of notification to the successful bidder by the Sheriff’s Office.
**NONE SCHEDULED AT THIS TIME**
SHERIFF SALES FAQ’s
(Frequently Asked Questions)
**This information is provided as a general guide only and is in no way to be considered legal advice or legally binding in any way. They are simply answers to commonly asked questions.**
1. What is a “Sheriff Sale”?
Sheriff Sales are a sale of real estate ordered by the Court to satisfy a Judgment Entry against a Defendant. The proceeds of the Sale will be used to satisfy a debt to the Plaintiff. Usually this happens when a Defendant defaults on a Mortgage or Loan Payment. Until the Sheriff receives the “Order of Sale” from the Court, they are not involved in any of the foreclosure or court proceedings. After the Order of Sale is issued, the Sheriff merely acts as an arm of the court to appraise, advertise and sell the property. The Civil Deputy executing the sale can not act as a real estate agent, loan officer, title or lien examiner or attorney. Questions regarding legal issues and Sheriff sales should be addressed to an attorney or legal professional. All Sheriff Sales are “Buyer Beware” and all property sold “As Is”. Regulations governing Sheriff Sales can be found in the Ohio Revised Code and local Court Rules.
2. Where can I find out what properties are up for sale?
Sales are advertised for 3 consecutive weeks (always on Fridays), in the Port Clinton News Herald. A Sheriff Sale list may also be picked from the Sheriff’s Office on the 3rd floor of the Courthouse. When the list is updated, new sales are added to the end of the list and selling prices are listed for properties as they are sold.
3. Can I get inside the House to see it??
The property belongs to the defendant until it is sold and the sale confirmed by the Court. Permission from the owner must be obtained to gain access, this includes buyers, appraisers, inspectors or any other persons. The Sheriff Deputy has no contact or information on the Defendant or on the condition or layout of the house. The Sheriff’s Office has no keys to the house.
4. How can I get more information about the property?
Possible public record sources of information you may wish to explore are: Tax ID Records (Auditor’s Office), Property Taxes (Treasurer’s Office), Liens/Deeds (Recorder’s Office), Liens/other Mortgage Holders/Judgment Entry showing how much owed to the Plaintiff and other Case information (Clerk of Courts Office). The Sheriff’s Office does not maintain these records and has nothing more on file than the legal advertisement and Order of Sale. Lien searches and title searches are Buyers responsibility to research and be aware of.
5. How do you come up with the “Appraised Value” listed for the Sale property?
Three independent real estate agents are taken to the property to determine a fair market value of the home. Often a walk through of the home is not possible. The Ohio Revised Code requires only that three free holders of the County impartially appraise the property at its true value in money. Bids start at two-thirds of the appraised value and it cannot be sold for less than that unless ordered by the Court.
6. What do I do if I want to bid on the property?
Sales are always held on Fridays at 10:00 a.m. in the Assembly Room, first floor of the Ottawa County Courthouse. No pre-registration is necessary, just show up at a 10:00 a.m. and bid. Have your financing in order before you buy !! All successful bids are legally binding offers to purchase that property, and failing to complete the sale can result in contempt of court.
7. What happens at the Sale??
At 10:00 a.m. a list of property to be sold and notification of any properties withdrawn from sale is read. Then the Deputy will read the legal description of the property and open bidding at two-thirds of the appraised value. If you wish to place a bid, simply verbally voice your bid out loud. The Deputy will acknowledge the bid. If no further higher bids are received after acknowledging the bid three times, the property is declared sold to that highest bidder. The bank normally has a representative at the sale bidding to protect the bank’s interests (they usually have a set amount they will bid to, usually reflective of the amount owed to them by the defendant.) The Sheriff’s office does not know how much this is or who is bidding for the bank, nor can the Sheriff’s Office help arrange a deal between the bank and another party.
8. What happens if I am the successful bidder ??
10% of the successful bid is due at the time of sale. This must be cash, certified check or money order. Personal checks are not accepted. Sometimes people bring a certified or bank check for an amount they expect to need, and cash to make up the difference. If a certified check or money order is for more than 10% of the selling price, the entire amount may be deposited and will be applied to the purchase price. Checks are to be made to the “Ottawa County Sheriff’s Office”. If you have PRIOR arrangements with a local bank and must leave to get the money and will be back within an hour or so, this will be permitted at the Deputy’s discretion. (If problems arise with allowing this, the practice may be discontinued without notice.) The Deputy will receipt the 10% deposit and record the name/address of the bidder and the name/address to be drawn on the deed. The buyer will receive a receipt of his deposit.
9. What happens after the Sale ??
A return is made to the Court by the Sheriff’s Office affirming the facts of the sale and the buyer information. The Plaintiff’s attorney prepares an “Order of Confirmation” and submits it to the Court to be signed by the Judge. Until the Order Confirming Sale is signed and filed with the Court, and the Notarized deed is signed by the Sheriff giving you title, you have no right to enter or move-in to the property. Confirmation of the Sale usually takes thirty days but can take less or more time. Liens of record are usually addressed and/or released in this order, but a title exam is usually a good idea to guarantee all liens are properly addressed and/or released from the property you are buying. Again, this is the Buyer’s responsibility, the Sheriff’s Office has no information on these issues.
10.
What is paid for by the proceeds of the Sale??
The Order Confirming Sale directs what the Sheriff is to pay out of the proceeds. Normally paid are Clerk of Court costs (including Sheriff Fees, Appraiser fees, advertising costs, etc….), delinquent taxes and the remaining balance is paid to Plaintiff. The Plaintiff’s attorney prepares this Order and the dollar amounts included may or may not be accurate as of the time of Confirmation. It is recommended the Buyer be aware of what is being paid and what is owed in delinquent taxes, delinquent water bills and other outstanding costs that they may be liable for if left unpaid. An attorney can advise on steps you may take to prevent this, these steps may include contact with Plaintiff’s attorney to verify what is being requested in the Order of Confirmation and/or filing a request with the Court for further items to be paid from the proceeds before the remaining balance is turned over to the Plaintiff. The Sheriff’s office simply pays out what is ordered by the Court and can not give advice on what should or should not be paid.
11. What happens when the sale is confirmed??
You will be notified when the Sale is confirmed and the Deed signed and notarized by the Sheriff. When these are ready, you will bring in the remaining balance due and at that time the Deed will be turned over to you. This is a simple exchange and not a “Closing” like done with financial institutions. When you receive the deed it has already been properly filed and recorded and you have legal right to the property.
12. What if people are still residing on the property ??
Again, these questions are best answered by an Attorney as they are civil related remedies. A “Writ of Possession” may be filed with the court (check Common Pleas Clerk’s Office for fees required to do this). This Writ will order the Sheriff to take possession of the property and turn it over to the new buyer. Typically it is not necessary to go to this extreme and expense. Measures can be taken by the Buyer to notify the current residents that the property has been sold and they can usually work out an agreement that they will vacate by a certain date. A copy of the Judgment Entry and the Order Confirming Sale is often useful if provided to the current resident. Writ of Possessions are applicable to the Defendant only, and if there are tenants renting the property, this become a civil landlord-tenant issue that must be remedied in other ways. Again, the Sheriff’s Office can not give you legal advice. It only executes Orders of the Court that direct them to do a specific action.
FROM THE SHERIFF || SERVICES || ABOUT OTTAWA COUNTY || COMMENTS || RESOURCES
Updated July 2, 2009