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  1. #1
    LindaP777 is offline Senior Member
    Join Date
    Oct 2005
    Ohio (southwest)

    Bought house at sheriff's sale, how do I get former owners out?

    What is the name of your state? Ohio

    You guys are always helpful when I need something explained, so here goes . . .

    I bought a house at the sheriff sale (offer accepted) on April 5. Oddly enough, I had owned this house a few years ago & sold it to my tenants lease with option. The people currently living in the house were my former tenants, so I know them. As a matter of fact, they were the ones that told me they were being foreclosed on. After I bought it (offer accepted) I notified them to discuss their options (stay or move?). They said they really like the house and wanted to rent from me, again, but they have ignored all my requests to get an up-to-date application as well as a holding deposit to prove they were committed.

    The past week, they have been extremely uncooperative when scheduling the appraisal (3 appointments, 3 cancellations) even after I told them this was holding up the mortgage and closing. I must pay the sheriff this week, or face penalties. I'm now kind of assuming they were just trying to live there free as long as possible. I think it would be in my best interest to just to go ahead and pay the sheriff's office (I have funds available), record the deed, then get them out, then go for my mortgage which requires the appraisal.

    Question - what is a "writ of possession"?
    And how do I to properly use/serve it?
    Do I draw it up or is it something the court orders?
    If I draw it up, who do I give it to; the court or to the tenant?

    Do I need to give them anything prior to this, like a "notice to vacate?"
    I would assume this process will be something similar to an eviction, but I have never done this. (I have done a few evictions, though.)

    Any idea how long it will take to get them out?
    Any suggestions on how to expedite things?

    Can I expect that the appliances (new when I sold the house to them) should remain with the house?

    What if out of retaliation, they do damage to the house before they leave?

  2. #2
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Sitting at the computer probably rolling my eyes at your post
    A writ is a court order to the Sheriff to remove the occupants of property and give possession to the rightful owner of record after a property is purchased at a Sheriff Sale.

    Once the balance has been paid in full and the new purchaser has the deed in their name they will need to file and receive a Writ of Possession from the Clerk of Courts. This procedure gives the Sheriff's Office the authority to forcibly remove the tenants from the property. The cost of the writ of possession and all moving costs are at your expense.

  3. #3
    LindaP777 is offline Senior Member
    Join Date
    Oct 2005
    Ohio (southwest)
    So here are the events, in order; (?)
    1) pay the balance due on the sale
    2) get deed in my name (can this be done the same day?)
    3) go to court and ask for writ (do I need to take anything with me besides money?)
    4) wait for a court date (I assume there will be a court date?)
    5) the judge will heard my story and see my deed, but will he hear arguments? (i.e. "I have a baby, I've been sick, I'm out of work, I have no place to go")
    6) then he will give them so many days to move out?
    7) will they be held responsible for damage to the property (no, I don't mean dings in the walls, I mean fire set to the carpet and sledge hammer taken to the toilet, etc.)
    8) are the appliances, which were there when I sold the house and included in their loan, part of the house that's mine?

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