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Vol. 2007-04-a | April, 2007

Real Property; Foreclosure, Transfer of Title

When real property is sold at Judicial Sale by the Sheriff of the county, transfer of title and ownership is vested in the purchaser on the same date as the sale. This principle and application of Ohio law, was decided in 1899 by the Supreme Court of Ohio, and is still the law of this State, found in the headnote and in the actual, brief decision of the Court:

” Deed by officer of court-Dates from day of sale.

A deed for real estate executed by an officer of a court pursuant to its order confirming a judicial sale previously made takes effect by relation on the day of the sale and vests in the purchaser the right to intermediate rents.

(Decided January 31, 1899.)

BY THE COURT The general doctrine relating to the effect of the confirmation of a judicial sale is that it relates back to the day of sale and passes a title as of that day. The deed executed pursuant to the order of confirmation by relation takes effect as of the day of sale. This is the established doctrine in Ohio. Lessee of Boyd v. Longworth, 11 Ohio, 236; Oviatt v. Brown, 14 Ohio, 286. It was not applied in Black v. George, 26 Ohio St. 629, because by the terms of the sale there considered the purchaser’s right to possession was deferred until the expiration of a current lease. The equity of the rule is manifest because the purchaser cannot escape from the sale because he may think it disadvantageous to him, and he is required to pay interest from the day of sale on so much of the purchase price as he has not actually paid. That the right to the intermediate rents passes to the purchaser as one of the results of confirmation has been held in numerous cases. Winfrey v. Work et al., 75 Mo., 55; Stevenson v. Hancock, 72 Mo., 612; Taylor v. Cooper, 10 Leigh 317; Wagner et al. v. Cohen, 6 Gill, 97; Lathrop v. Felson, 4 Dillon, 194.” JASHENOSKY v. VOLRATH (1899), 59 Ohio St. 540.

“Opportunity is missed by most people because it is dressed in overalls and looks like work.”

Thomas Alva Edison (1847-1931)
American Inventor and Businessman

AUTHOR / EDITOR: J. NORMAN STARK is an Attorney-at-Law, a Registered Architect, (AIA, NCARB) Registered Landscape Architect, Interior Designer, Planner and Senior Appraiser (ASA), admitted to practice law before the Bar of Ohio, the US District Courts, Ohio and Illinois (Central Dist.), the US Court of Appeals, and the United States Supreme Court. He is a Mediator, Arbitrator and Litigator with experience in Business, Construction Law, and Public Works, and with additional experience in Real Estate, Construction Attorney (Legal Project and Crisis Management), and as an Expert Witness (Forensic Architect). His office is in Cleveland, Ohio.