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 What is the difference between a Sheriff Sale and a Tax Sale? Are they the same? 

A tax sale is based on back taxes, and the property is bought subject to all liens and encumbrances. A Sheriff's Sale is a foreclosure sale on one of the liens against the property. All liens that are junior to the one being foreclosed upon are wiped out. 

Do I have to pay in full for the property that day?

Not unless the legal notice demands it, however, most sheriff sales have a $5,000 to $10,000 down payment requirement that day. Following the Judge's approval, a confirmation of sale order will be issued, then you will have 30 days to make the final payment. If the 30th day falls on a weekend or holiday, you must make the payment on the next business day. Failure to make payments as required, may place in you in contempt of court. Tax Sales purchases must be paid in full the day of the sale by cast or Cashier's Check.

ALL SHERIFF SALES ARE SIGHT UNSEEN. We do not receive keys to any of the properties and have no access to the interior of the houses for sale. No arrangements may be made for an internal inspection of the properties either before the sale by you or after the sale by your bank or mortgage company appraiser. You are urged to check out the property as best you can.

The County Auditor can provide a printout on the property (also available on the Auditor's web page). Sales are BUYER BEWARE. You are urged to consult with an attorney.

By law the sale must be a public sale, unless otherwise ordered by the Court. The sales are scheduled online at https://jackson.sheriffsaleauction.ohio.gov/, Remote bids will only be accepted by the Plaintiff.  Make sure you can meet the terms of the sale. Must register  
A wire deposit MUST be received by 4:00 p.m. ET two (2) business days prior to the auction date or an ACH debit deposit MUST be received by 4:00 p.m. ET five (5) business days prior to the auction date. Final payments will be due 30 days following the confirmation of sale, unless otherwise directed by the court. 

Caution: This is a Court function; if the sale is not completed, you are subject to being held in contempt of court.

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. Information on liens can be found by visiting the Clerk of Courts Office at the Court House and the the Recorder's Office. You are urged to check out liens and check with an attorney if you have questions. We do not have lien information at the Sheriff's Office.

A federal tax lien itself will be extinguished by the Confirmation Entry, but there is a separate right of redemption accorded to the Federal Government by statute, which entitles it to come in and claim real property any time within 120 days after the signed confirmation is filed with the Clerk of Court. If this should occur, the buyer's payment should be returned, however, the Federal Government is not required to pay for any permanent improvements made to such property in the meantime. Once 120 days have passed, the statutory right expires.

All costs are deducted from the sale proceeds. You may have to pay for fees associated with filing your Deed, including transfer taxes. Check with the Auditor and Recorder about these fees.

Only Real Estate taxes due are paid from the sale proceeds. In Ohio, real estate taxes are paid a year behind and are not prorated. The next Real Estate tax bill you receive will be for the previous year, and you will be paying the tax for a period of time you did not own the property. This is addressed in our notice as written below.

The purchasers shall take such premises subject to all taxes, assessments, interest and penalty charges. The purchaser shall be responsible for those costs, allowances and taxes that the proceeds of the sale are insufficient to cover.

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," only after you file your deed and are the owners of the property. You or your attorney must file a “PRAECIPE” with the Clerk Of Courts to get the “Writ of Possession” issued. You will be responsible for providing the funds to have their belongings removed. As a general rule most people are cooperative and remove themselves from the premises, but if not the up front cost will be the responsibility of the purchaser.

The sale is not final until the Judge signs a “Confirmation”. The Defendant can redeem his property until the “Confirmation” is signed. If this happens, you will get your deposit returned. We must receive a “Judgment Entry” that the sale is set aside, and to return the deposit.

The Plaintiff’s Attorney prepares the "Confirmation” and submits it to the Judge for review and signing. This process has taken at least a month or even longer. If you are in a hurry, you may be disappointed.

When we receive the “Confirmation” we will call you. The balance must be paid within 30 days of the time you are notified or you could be charged with contempt of court. As soon as the money is paid the deed will be rocedded for you. You are not the owner until  the deed is filed.

We do not receive keys for the houses. You are encouraged to get a locksmith to enter the house and change the locks, or you can do it yourself, after the deed has been recorded and the property has been vacated by the previous owner. It is unknown how many, or who, might have keys to the house. This is for your security.

Again, consult an attorney.

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.

PLEASE NOTE: The information contained  is not intended to constitute legal advice and should not be relied upon as such. The Jackson County Sheriff is not an attorney and therefore cannot give legal advice. The Jackson County Prosecutor is not permitted to give legal advice to the general public. The information contained  is in general, procedural terms only, is not directed to any specific parcel(s) or situation(s), and any information contained herein may or may not be applicable in specific situations. If you have questions regarding a specific situation, you are urged to contact your own attorney.