Sheriff Sale - Posted by BR


#1

Posted by BR on November 03, 1998 at 08:52:46:

Thanks again John. You’ve been a great help.


#2

Sheriff Sale - Posted by BR

Posted by BR on November 02, 1998 at 10:58:46:

Purchased home @ Sheriff’s Sale. Redemption period is almost over. I’ve been told to get an attorney involved ASAP on these types of deals. Is it okay to deal with the attorney that handled the foreclosure for the bank, or should I find another. I thought that since the foreclosing attorney was familiar with the case, he might be able to handle things more quickly.

Please advise.


#3

Re: Sheriff Sale - Posted by JohnD(CO)

Posted by JohnD(CO) on November 02, 1998 at 20:51:33:

I would think that if you were in need of an attorney that you would have consulted one prior to purchasing the property at sale. What is it that you need an attorney for now? What State are you in? Is the redemption period in your State for both the owner and junior lien holders or just the owner? My gut feeling would be that if you need an attorney now, you should not use the same one the foreclosing Lender used.


#4

Re: Sheriff Sale - Posted by BR

Posted by BR on November 02, 1998 at 22:08:24:

Redemption period is for the owner. There is no junior lien. I was told I would need an attorney to begin the eviction process.

Thanks for responding.


#5

Re: Sheriff Sale - Posted by John OH

Posted by John OH on November 03, 1998 at 24:39:24:

First, I would contact the occupants, tell them you are the new Owner, and ask them how soon they’ll be out. I also show them a copy of the deed in my name. Tell them how much the rent is (see paragraph below). If they won’t go, nothing lost.

You may have a simple legal remedy. In Ohio there is a process by which you pay the Sheriff $25 and they serve notice to the occupants to leave by a certain date. If they are not out by that date, you come, with the Sheriff, and move them out.

Again in Ohio, you can rightfully charge the occupants rent and any other expenses due to their occupation, including expenses to get them out, from the day you own the property. You will probably need Small Claims Court, but that’s easy.