Sheriff's sale - Posted by Roxanne-OH

Posted by JHyre in Ohio on February 16, 2002 at 06:00:03:

Post this on the main board with the following title “JT-IL & Sheriff’s Sales”…though not an attorney, JT has forgotten more about Ohio sheriff’s sales than I know!

John Hyre

Sheriff’s sale - Posted by Roxanne-OH

Posted by Roxanne-OH on February 14, 2002 at 10:49:55:

The deal is: I went to a sheriff’s sale back in Sept. and bought a house with 10.8 acres, the house is a modular but is on a foundation. The sale was advertised in the paper for a month saying that the land and house was going to auction. The sheriff came up with an appraisal amount for the property and the house and the bidding started at 2/3 of the sheriff’s appraisal amount. I was the only person to show up at the auction, other than the attorney representing the bank selling. I obviously aquired what I thought was land with a house on it. Two months later I get a call from the attorney for the bank telling me that I only bought the land. He said there was a replevin clause in the order of sale that the sheriff overlooked. He said that my options are to deed the bank the land in order to keep the house, and lease the land from them, buy the house, or let them come and remove the house from my land. The bank has a court order already in place to remove the home. The sheriff says that he will not allow them to remove the house and if it goes to court they are wrong. The county judge and prosecutor are also in agreement with the sheriff. However, I called an attorney to look over the paperwork and he says that the bank is right and I do not own the home, only the land. If this is the case I paid more than double what the land is worth and I’m stuck. Isn’t this misrepresentation and price gouging? I went to a sale and bought in good faith what was advertised shouldn’t be the one stuck with the problem. My title insurance is saying that they are not responsible either. Where do I go from here? I plan to fight this mess. Please help.