2023 FRANKLIN COUNTY AUDITOR'S
FORFEITED LAND SALE
OCTOBER 25, 2023
OHIO REVISED CODE SECTION 5723.01 - 5723.19

INFORMATION, INSTRUCTIONS & TERMS OF SALE

1. Sale will be conducted Wednesday, October 25, 2023 at 9:00 am in the Auditorium on the first floor of the Franklin County Courthouse 373 S. High Street. At the discretion of the County Auditor, the Auction may recess at 4:00 pm and reconvene at 9:00 am on Thursday, October 26, 2023 and continue until all parcels have been offered for sale. (Lunch break for the public: 1:00 pm to 2:30 pm each day.)

   1. 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 the Auditor's 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.

   1. 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 between 9:00 am Thursday, November 2, 2023 and 4:00 pm Friday, November 3, 2023 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 participate in the Auditor's Sale 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 the condition of the property, 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 Ohio Revised Code (O.R.C.) 5723.12.

5. PURSUANT TO OHIO REVISED CODE 5723.06 (A)(3)(a), FORFEITED LANDS SHALL NOT BE SOLD TO ANY PERSON WHO 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. A SUMMARY OF THE CONTENT AND PURPOSE OF THE AFFIDAVIT IS AS FOLLOWS:

   1. 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%.

   2. 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.

   3. If, within three years after the sale date, the County Auditor discovers 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.

   4. In all cases, the minimum sales price includes court costs, whether it is determined by the parcel's fair market value or by the court's finding.

   5. The person is not delinquent on real property taxes in this state.

7. According to O.R.C. 5722.04, the Land Bank shall select and acquire lands that constitute non-productive lands from the Auditor's forfeited land sale list.

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 plus costs or the Auditor's fair market value plus costs, 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.

   1. At the discretion of the Auditor, any person or bidder disrupting or interfering with the auction may be asked to leave the sale.

   2. A "NEXT HIGHEST BIDDER" will be sought for every parcel. This will be obtained by a second bidding process if necessary, which will exclude the established highest bidder.

9. NON-REFUNDABLE DEPOSITS

   1. 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.

   2. 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 Terms #5 and #6).

   3. All payments must be made by: certified check, cashiers check or money order (exact amount due) payable to Franklin 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 between 9:00 am Thursday, November 2, and 4:00 pm Friday, November 3, 2023. Please come to the Franklin County Auditor's Office, 373 South High Street on the 19^th floor, at the front counter of the Transfer and Conveyance department.

   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 but not the recording fees. Recording fees will be $34.00 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 BY 4:00 PM Friday, November 3, 2023, WILL RESULT IN THE FORFEITURE OF YOUR DEPOSIT.

   ANYONE 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.

WARNING!

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 THEY 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 DEPOSITS 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 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 THEY ARE 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 BETWEEN 9AM THURSDAY, NOVEMBER 2, 2023 AND 4PM FRIDAY, NOVEMBER 3, 2023. 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.

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.