Rules Of Sales
2017 PIKE COUNTY AUDITOR’S
FORFEITED LAND SALE
OHIO REVISED CODE SECTION 5723.01 – 5723.19
INFORMATION, INSTRUCTIONS & TERMS OF SALE
1. Sale will be conducted at the Pike County Court House, 100 East Second Street, Waverly, Ohio, front entrance. At the discretion of the County Auditor, the Auction may recess at 4 p.m. and reconvene at 9 a.m. and continue until all parcels have been offered for sale.
A. ALL CELL PHONES MUST BE SILENCED UPON ENTERING THE AUDITORIUM AND CONVERSATION KEPT TO A MINIMUM TO AVOID ANY DISRUPTIONS.
2. Everyone must be registered with our clerk and have received a bid number card before participating in this auction. You must register with the name that is to be typed on the deed. At the time of bidding, please be sure to raise your bid number card so that it can be seen clearly.
A. The Auctioneer will declare each bid amount. Please be aware that at the time the gavel goes down the sale is final. Failure to pay the deposit immediately after each sale or to pay the remaining balance may result in bidder being barred from any future Auditor’s Sales.
3. If the deed is to be listed in the name of a general partnership/business or other corporate entity, you must provide proof of filing with the Secretary of State prior to registering as a bidder.
4. Individuals who are attending the Auditor’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 Real Estate is “Caveat Emptor”, which means “BUYER BEWARE”.
If you have not carefully researched the property and physically viewed it, you may wish to reconsider bidding on the property. It is expected that all purchasers have contacted a Real Estate Attorney and Title Company prior to bidding.
Sales are conducted based solely upon the permanent parcel number of the property. The county is not responsible for inaccurate addresses, photographs, etc. provided in the county records. The county does not warrant or guarantee any information provided in the county records. All properties are sold and title conveyed subject to ORC 5723.12.
5. PURSUANT TO OHIO REVISED CODE 5723.06 (A)(3)(a), FORFEITED LANDS SHALL NOT BE SOLD TO ANY PERSON THAT IS DELINQUENT ON REAL PROPERTY TAXES IN THE STATE OF OHIO.
6. NOTICE: THE FORMER OWNER OF THE PARCEL HAS THE RIGHT TO REDEEM, HOWEVER, OHIO REVISED CODE 5723.06 PROVIDES THAT SUCCESSFUL BIDDERS MAY BE REQUIRED TO SIGN AN AFFIDAVIT AT THE TIME OF DEPOSIT. THE CONTENTS OF THE AFFIDAVIT ARE AS FOLLOWS:
A. Notwithstanding the minimum sales price provisions, a parcel cannot be sold for less than the court’s finding (all delinquent taxes, assessments, charges, penalties, and interest) plus costs, if the highest bidder is any of the following: (a) the immediate prior owner of record, (b) a member of the prior owner’s family, (c) a person with power of attorney appointed by the owner, (d) a sole proprietorship owned by owner or owner’s immediate family, (e) a partnership, trust, business trust, corporation, or association if the owner or a member of the owner’s immediate family owns or controls directly or indirectly more than 50%.
B. If a parcel sells for less than the court’s finding plus costs, the officer conducting the sale requires the buyer to sign an affidavit stating that the buyer is not the owner of record or any of the other persons listed above. The affidavit becomes part of the court records of the proceeding.
C. If the County Auditor discovers within three years after the sale date that a parcel was sold to the owner of record or to any of the persons listed above for less than the court’s finding plus costs, and if the parcel is still owned by that person, the Auditor shall add the difference between the amount of the finding plus costs and the sale price to the taxes then due. This difference is payable at the next real property tax payment date.
D. In all cases, the minimum sales price includes costs, whether it is determined by the parcel’s fair market value or by the court’s finding.
E. The person is not delinquent on real property taxes in this state.
7. O.R.C. 5722.04 provides that electing subdivisions shall select from the Auditor’s forfeited land list lands that constitute nonproductive lands that the subdivision wishes to acquire. Said parcels will be advertised separately and when offered at forfeiture sale, if no bid for the sum of the taxes, assessments, charges, penalties, interest and costs due as determined per O.R.C. 5723.06(A)(1)(a) is received, the lands shall be sold to the electing subdivision.
8. Bidding: Bids are opened for the lesser amount of either the total taxes due plus costs or the Auditor’s fair market value plus costs. If there is no bid for the lesser amount taxes due or the Auditor’s fair market value, the Auctioneer may seek a lower minimum bid. NOTE: THERE IS NO LIMITATION TO THE MINIMUM BID THAT MAY BE ASSIGNED TO A PROPERTY. THE AUCTIONEER CONTROLS THE INCREMENTS OF EACH BID. NO INDEPENDENT OR VERBAL BIDS WILL BE ACCEPTED.
A. At the discretion of the Auditor, any bidder disrupting or interfering with the auction may be asked to leave the sale.
A “NEXT HIGHEST BIDDER” will be sought for every parcel except those secured for the Land Reutilization Program or sold for $50.00 or less. This will be obtained by a second bidding process if necessary, which will exclude the established highest bidder.
9. NON-REFUNDABLE DEPOSITS
A. AT THE TIME OF SALE ALL WINNING BIDS UP TO $500 SHALL BE PAID IN FULL INCLUDING RECORDING, TRANSFER AND DEED FEES. SALES OVER $500 WILL REQUIRE A NON-REFUNDABLE DEPOSIT OF $500.
B. A non-refundable deposit is required at the time of sale. When paying this deposit you will also be required to show a valid photo identification to sign an affidavit concerning prior ownership. (See Rules #5 and #6 for terms).
C. All payments must be made by: certified check, cashiers check or money order (exact amount due) payable to Pike County Auditor, or cash.
NOTE: ABSOLUTELY NO PERSONAL CHECKS, BUSINESS CHECKS, OR TRUST CHECKS WILL BE ACCEPTED WITHOUT BANK CERTIFICATION.
YOU MUST PRESENT YOUR RECEIPT FOR PAYMENT OF THE DEPOSIT AND THE CERTIFICATE OF SALE WHEN YOU RETURN TO PAY YOUR BALANCE AND PICK UP YOUR DEED.
Any balance of bid, recording fees, $45 deed fee and $0.50 transfer fee must be paid in person. Please come to the Pike County Auditor’s Office, 230 Waverly Plaza, Suite 200, Waverly, Ohio, at the front counter.
Notice: Any remaining recording fees will be payable at the time balance is paid. The Auditor’s Office will be responsible for the recording procedure not the fees. Recording fees will be $28.00 for the first two pages and $8.00 for each additional page plus postage for return mail.
FAILURE TO PAY REMAINING BALANCE OF BID IN PERSON WILL RESULT IN THE FORFEITURE OF YOUR DEPOSIT.
SHE/HE WHO BIDS ON PROPERTY WITH THE INTENT TO DELAY THE SALE OR WITH THE INTENTION OF NOT PAYING THE BID PRICE MAY BE PROSECUTED AND/OR BARRED FROM FUTURE AUDITOR’S SALES.
INDIVIDUALS WHO ARE ATTENDING A FORFEITED LAND 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 REAL ESTATE IS “CAVEAT EMPTOR” WHICH MEANS “BUYER BEWARE”. IF THE PURCHASER OBTAINS A PROPERTY THAT IS DIFFERENT THAN THE ONE HE OR SHE INTENDED TO PURCHASE, THE SALE IS STILL VALID. THE PURCHASER IS OBLIGATED TO PURCHASE THE PROPERTY OR FORFEIT THE DEPOSIT. ALL SALES ARE FINAL. ALL PAYMENTS ON DAY OF SALE ARE NON-REFUNDABLE.
FORFEITED LAND SALES ARE NOT FOR THE INEXPERIENCED. EVERY MISTAKE IS A COSTLY MISTAKE THAT MOST LIKELY WILL REQUIRE THE SERVICES OF AN ATTORNEY TO RESOLVE. IT IS EXPECTED THAT ALL PURCHASERS AT THE SALE HAVE CONTACTED A REAL ESTATE ATTORNEY AND TITLE COMPANY PRIOR TO THE SALE. THE COUNTY AUDITOR CANNOT GIVE ANY WARRANTY OF TITLE. ALL SALES ARE SUBJECT TO FEDERAL TAX LIENS, THE REDEMPTION RIGHTS OF THE UNITED STATES AND/OR MAY BE SUBJECT TO PRIOR TO THE SALE. THE COUNTY AUDITOR CANNOT GIVE ANY WARRANTY OF TITLE. ALL SALES ARE SUBJECT TO FEDERAL TAX LIENS, THE REDEMPTION RIGHTS OF THE UNITED STATES AND/OR MAY BE SUBJECT TO PRIOR LIENS PURSUANT TO O.R.C. 5723.12.
SALES ARE CONDUCTED BASED SOLELY ON THE PERMANENT PARCEL NUMBER OF THE PROPERTY AND NOT THE ADDRESS. THE COUNTY IS NOT RESPONSIBLE FOR THE CONDITION OF THE PROPERTY, INACCURATE ADDRESSES, INACCURATE PHOTOGRAPHS OR OTHER INFORMATION PROVIDED IN THE COUNTY RECORDS, ON THE COUNTY WEBSITE, OR PROVIDED BY COUNTY PERSONNEL. IF A BIDDER WANTS TO ADEQUATELY GUARANTEE THAT THE INFORMATION THAT HE OR SHE IS RELYING ON IS ACCURATE, A TITLE COMPANY SHOULD BE CONTACTED AND A TITLE INSURANCE COMMITMENT SHOULD BE OBTAINED PRIOR TO THE SALE. NO EXCEPTIONS.
UPON ACCEPTANCE OF THE FINAL BID, THE PURCHASER SHALL IMMEDIATELY PAY THE REQUIRED DEPOSIT OR THE PURCHASER MAY BE BARRED FROM ANY FUTURE AUDITOR’S SALES. THE PURCHASER IS RESPONSIBLE FOR PAYING THE ENTIRE BALANCE IN PERSON. NO EXTENSION OF TIME TO PAY WILL BE PERMITTED.
IF THE PURCHASER DETERMINES THAT THE INCORRECT PARCEL HAS BEEN PURCHASED, THE PURCHASER SHOULD CONSULT A REAL ESTATE ATTORNEY. THE COLUMBUS BAR ASSOCIATION MAY MAKE A REFERRAL, IF CONTACTED.
OHIO LAW MAY REQUIRE A PURCHASER TO OBTAIN A SURVEY PRIOR TO RECORDING A DEED (SEE OHIO REVISED CODE SECTION 315.251). THE COST OF THE SURVEY SHALL BE AT THE PURCHASER’S EXPENSE. IF YOU HAVE ANY QUESTIONS, IT IS STRONGLY RECOMMENDED THAT YOU CONTACT A REAL ESTATE ATTORNEY AND A TITLE COMPANY PRIOR TO PURCHASING THE PROPERTY.
© 2017 Pike County Auditor
Disclaimer: The information on this web site is prepared from the real property inventory maintained by the Pike County Auditor’s Office. Users of this data are notified that the primary information source should be consulted for verification of the information contained on this site. The county and vendors assume no legal responsibilities for the information contained on this site. Please notify the Pike County Auditor’s Real Estate Division of any discrepancies.