Legal Question in Real Estate Law in Ohio
Who dictates the appraisal value for a sherriff's sale?
A house I own was used as collateral for another piece of property that went into forclosure last year. The bank doesn't want the forclosed property due to the new-found presence of an underground oil tank. They have instead chosen to put our collateralized property up for sherriff's sale.
They have already advertised the sale several times at the appraised value of $105,000, which was done by their own appraiser. Now that we have a buyer of our own for the property, the banks is insisting that the appraised value SHOULD BE $150,000. We bought the property for $89,000 5 years ago, made minimal improvements on it, and homes in the area are going for under $125,000. Can the bank simply decide on number that covers their loan, or do they have to abide by any restrictions?
2 Answers from Attorneys
Re: Who dictates the appraisal value for a sherriff's sale?
Sherriff's sales are governed by the Ohio Revised Code including the section below:
�2329.15
All sales of goods and chattels shall be at public auction unless the court from which an execution or order of sale issues, or a judge thereof in vacation, for good cause shown, on application of either party and due notice to the adverse party, makes an order directing the sheriff, or other officer holding the process, to sell them at private sale for cash, specifying the time, not beyond the return day of the process, during which such sale will continue. Before such sale, public or private, is made, the court shall order the property to be appraised by three disinterested persons; and it shall not be sold for less than two thirds of its appraised value.
In the case of a sale to satisfy a judgment in favor of the state, or one of its political subdivisions for delinquent taxes, if the sum bid by the purchaser for goods sold pursuant to this section is insufficient to pay the costs which the court has determined prior to such sale shall be paid out of the proceeds thereof, then the purchaser, in addition to the amount of his bid, must pay a sum which, with the amount so bid will be sufficient to pay the costs. The court may fix the amount remaining unpaid on such claims or obligations for the purpose of the sale, and to that end require the parties to the suit to furnish satisfactory evidence of such unpaid amount.
Re: Who dictates the appraisal value for a sherriff's sale?
If you object to the value established by the bank then you will need to hire an appraiser to counter the banks appraiser.
Good luck!!!