The Franklin County Treasurer’s office has announced that due to the fact that tax rates, valuations, and tax amounts have not yet been posted to the 2008 tax rolls, the Treasurer must delay the issuance of estimated proration of taxes, which is needed for the order confirming a Sheriff's sale.  Although the change in the estimated taxes is not expected to be significant, this will result in a delay of between seven and ten days in the issuance of confirmations of the Sheriff’s sales during the next couple of weeks.  A similar delay might occur in other Ohio counties, especially the larger ones.

Ohio Revised Code § 2329.31 requires that a Sheriff’s sale be confirmed within 30 days from the date of the sale.  While the delay in getting the estimated tax pro-ration from the Treasurer may cause confirmations to be filed more than 30 days after the sale occurs, the statute does not provide for any penalty, such as invalidating the sale, for failing to confirm the sale within the required time.  Nevertheless, a Motion for Enlargement of Time for Confirmation should be filed if the information is not timely received from the County Treasurer.

We at WWR will do our utmost to expedite the confirmation of Sheriff’s sales, once the Treasurer’s information is available.

If you have any questions on this information, please contact Mr. Gail C. Hersh, Jr., Esq. Gail C. Hersh, Jr. is an Associate in the Cincinnati office of Weltman, Weinberg & Reis Co., L.P.A., practicing in the Real Estate department.  He can be reached at (513) 333-4020 or via email at ghersh@weltman.com.

Client Advisory is published by Weltman, Weinberg & Reis Co., L.P.A., an organization providing comprehensive creditor representation.  The information contained in this advisory is a summary of legal information and is not intended to constitute legal advice on specific matters or create an attorney-client relationship.  Contact any of our offices or visit our website at www.realestatedefaultgroup.com for more real estate related information, company facts and attorney profiles. (c)2008