How soon after a house is bought at a sheriff auction by the bank will I need to find another house?

Asked by christina, Dayton, OH Fri May 3, 2013

This house that I am renting just was Sold at a Sheriff Auction back to the bank today. I just would like to know what the next step is and how soon does someone contact me in regards to leaving. I do not want to be evicted but I have heard that it is a long process and that I may have 3-4 months to continue looking for another place to live? But I have also heard that the sheriff will come after 30 days? Which information is accurate?

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Heather Dunn, Agent, Gahanna, OH
Fri May 3, 2013

I am not an attorney so I cannot give you legal advice, but I can offer you some insights regarding your situation.

Ohio has passed legislation called the Ohio Tenant Protection Act as well as federal legislation entitled Protecting Tenants at Foreclosure Act of 2009. You can find information on both fairly easily online. The Ohio Secretary of State website also has numerous resources to help educate the public about exactly the situation you are in.

Prior to filing an eviction, the new owner must give you 90 days notice to vacate the property. However, if the new owner does not intend to occupy the property as a residence, they must honor any lease agreement already in place with the previous landlord. In your case, the bank certainly does not intend to occupy the property as a residence, so you would qualify. The recent laws essentially transform the new owner into the landlord. They must honor the remaining term of your lease. (So long as your lease meets certain qualifications such as: your lease was prior to the filing of the foreclosure, is based on fair market rent, you are not the defaulting borrower or a close family member, etc) Of course, from a practical standpoint, by the time a foreclosure is complete, many residential leases often convert from to month to month term. If you were to stay for any period of time, you would still need to pay rent to the new owner (even a bank) in order to avoid being evicted.

From a procedural standpoint, the bank does not automatically become the owner upon placing the winning bid at a sheriff sale. In Ohio, the (original) owner's Right of Redemption is not extinguished until the filing of the confirmation of sale in the foreclosure lawsuit. Various states allow for an owner to miraculously show up with all of the money owed on a lien and pay off the debt in full in order to avoid losing their ownership interest in the property. Each county in Ohio has a different case load and different timeframes in which a Confirmation of Sale is filed after a sheriff sale. There is not hard and fast rule. However, having said that, many counties process the Confirmation of Sale approx 30-60 days after the date of the sheriff sale. It is at THAT point that the bank would become the new owner and begin to exercise rights of an owner. You can go to the Clerk of Courts web site for your county and view the docket for the foreclosure case in order to keep a close eye on what dates things are happening.

So, roughly speaking, you have 30-60 days from the date of the sheriff sale when the bank will have the Confirmation of Sale filed in the foreclosure case. After that, you have your 90 day notice to work with regarding your time to vacate prior to an eviction being filed. However, due to the relatively new developments, I cannot be certain as to whether the bank can send you the 90 day notice from the date of the auction, or must wait for the confirmation of sale.

Heather Dunn, Realtor
Keller Williams Realty
0 votes
What if I'm not a tenant, but my property was owner occupied and was foreclosed long will I have to move or what will the process be aft the home is sold?
Flag Fri Jul 28, 2017
do these same rules apply if you were buying your house? I see that the person was renting...we bought ours, broke up, then went into foreclosure...just received the confirmation of sale today. our main concern is how long we have before we have to leave the premises? sheriff sale was December 18th, 2015. thank you
Flag Mon Jan 25, 2016
Tamara Westf…, Agent, Troy, OH
Fri May 3, 2013
Dear Christina,
You will need to check the State Laws for your State. Each State has their own Laws. Tenants may have different rights in different situations also. Read your lease it could tell you alot. Many tenants do not know their rights after a home they have been renting is sold as a foreclosure. Best thing to do is contact the local Bar Association and tell them your concerns and they will give you names of lawyers in your area that will help you. And some banks not all will offer you cash for keys to help you get relocated. An attorney can help educate you on what your rights as a tenant.
0 votes
Thank you for your reply. The problem that I am having is that this was someone that I knew and we didn't sign a lease. I know that clearly wasn't the smartest thing to do but it is what happened. So I am no sure if I have any rights at this point? My concern is that I don't want the Sheriff coming and basically locking me out? How do I get cash for keys to help with relocation?
Flag Fri May 3, 2013
Teresa Luther, Agent, Dayton, OH
Fri May 3, 2013
There is no "norm", but 10 days is a good rule of thumb.
0 votes
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