Franklin County Sale Withdrawals Update

by David W. Cliffe, Esq.

In a recent article dated January 17th, I examined the new e-filing system in some major Ohio counties and its resulting increase in the amount of time that it now takes to withdraw a foreclosed property from a sheriff sale. In response to some negative feedback it received, the judges in Franklin County modified their process in a manner that could improve the advance time period for lenders to comfortably request a withdrawal by one day. Under the court’s initial plan, a motion to withdraw a sale was sent to the judge’s office assigned that particular case and, if that judge or key staff member was out, a delay occurred.

Under the new practice, the clerk’s office forwards the motion to withdraw sale to that day’s assigned duty judge who makes certain to review the motion and, if proper, approves the order withdrawing the sale that same day. Based on this change, a lender can now comfortably expect that a request made at least 72 hours, or the Tuesday morning before a sale on Friday, will be withdrawn. Lenders can appreciate this action by the Franklin County judges to more efficiently manage the process.

If you have any questions on this matter, please contact Mr. David W. Cliffe, Esq. David is an associate in the Real Estate Default Group of Weltman, Weinberg & Reis Co., LPA, focused on foreclosure and eviction services. He can be reached at 513.333.4064 and dcliffe@weltman.com.

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