- Who sends it
- The lender or its attorney, served on the parties and filed with the clerk
- What it starts
- The countdown to the auction, including any second sale date
- Do this first
- Check the sale date on your county sheriff's sale listing and call legal aid today
What this document is in Ohio
Ohio Rev. Code § 2329.26 requires the judgment creditor, usually the lender, or its attorney to serve written notice of the sale on you and each other party to the case. For an in-person sale it gives the date, time and place. For an online sale it gives the date the sale starts and the website address. If a second sale may be needed, it also gives that provisional second sale date.
A copy, with proof it was served, must be filed with the clerk at least seven calendar days before the sale. The sale is also published once a week for at least three weeks in a row in a county newspaper. See the national page on the notice of sheriff's sale.
What it does and does not mean
- It is not an eviction. Even after the auction, the sale is not final until the court confirms it.
- Parties in default for failing to appear in the case do not have to be served. If you never answered, you may learn of the sale only from the newspaper or the sheriff's listing.
- Many counties hold sales on the official Ohio sheriff sale website. Online sales stay open for bidding for at least seven days, under Ohio Rev. Code § 2329.153.
- If the home does not sell at the first auction, a second auction is held 7 to 30 days later with no two-thirds minimum, under Ohio Rev. Code § 2329.52.
The deadlines and how to count them
- Filing: at least 7 calendar days before the sale date, counting back from the sale. This is the latest the notice can be filed, not a waiting period you get.
- Advertising: once a week for at least three weeks in a row before the sale date or online start date.
- Postponement: for online sales, the lender may tell the sheriff to postpone once, for up to 180 days after the first sale date. The new date posted on the website counts as notice.
- Redemption: until the court confirms the sale, under Ohio Rev. Code § 2329.33.
What to do this week
- Check your county sheriff's sale page and your case docket with the clerk of courts to confirm the date.
- If a workout, refinance or buyer is in progress, ask the servicer and the lender's attorney in writing to postpone the sale.
- Call legal aid about a motion asking the judge to stay the sale, or about redeeming before confirmation.
- If you file bankruptcy, make sure the sheriff and the lender's attorney get proof of the filing before the sale.
- Read Ohio sale date set: what you can still do.
Help and scam warnings
Sale notices are published, and scammers read them. Do not sign over your deed to anyone who promises to stop the sale or rent the home back to you, and do not pay upfront fees. Free help comes from legal aid through Ohio Legal Help, your county's mediation program and HUD-approved counselors. Report scams to the Ohio Attorney General at 800-282-0515. See Ohio foreclosure help.
The rest of the Ohio process
See how foreclosure works in Ohio, the timeline, ways to stop it and free help in Ohio, or read the national guide to this letter.
Common questions
Why did I not get a notice of the sheriff's sale in Ohio?
Ohio Rev. Code § 2329.26 excuses service on parties in default for failing to appear. If you never answered or appeared, the lender does not have to serve you. Check the newspaper ad, the sheriff's sale listing and the clerk's docket.
What is the second sale date on my Ohio notice?
If no one bids at least two-thirds of the appraised value at the first auction, Ohio Rev. Code § 2329.52 calls for a second auction 7 to 30 days later with no minimum bid. The notice lists that provisional date when it applies.
Can an Ohio online sheriff's sale be postponed?
Yes. Under Ohio Rev. Code § 2329.153 the lender can tell the sheriff to postpone once, for up to 180 days after the first sale date. The sheriff posts the new date on the website, and that posting counts as notice.
Other Ohio letters
- Summons and Complaint in ForeclosureIn Ohio, a foreclosure starts when your lender files a complaint in the county court of common pleas and you are served with a summons. You have 28 days after service to file a written answer or ask for more time. If you do nothing, the court can rule against you in as little as 31 days.
- Request for Foreclosure MediationMany Ohio common pleas courts use a mediation program based on a Supreme Court of Ohio model. The Request for Foreclosure Mediation is how you ask for a meeting with a neutral mediator and your lender. Sending it does not replace your answer and does not pause the case.
- Judgment Entry and Decree of ForeclosureA judgment entry and decree of foreclosure means the Ohio court has ruled for the lender and ordered your home sold. The home is appraised, and at the first auction it cannot sell for less than two-thirds of that value. You still own the home, and you can redeem it until the court confirms the sale.
- Confirmation of SaleAfter an Ohio sheriff's sale, the court checks that the sale followed the law and confirms it, normally within 30 days after the sheriff returns the writ. Confirmation ends your right to redeem. The buyer then pays, the deed is recorded, and the buyer can seek a writ of possession.
- Notice of Excess FundsIf your Ohio sheriff's sale brought in more than the judgment, interest and costs, the clerk of courts holds the extra money for you and must send you a notice explaining how to claim it. Ohio Legal Help says to file a motion within 90 days of the notice. The clerk must pay you on demand even if the notice never reached you.