We here in Central Ohio currently have a problem with the Fairfield County Clerk of Courts. It is bad enough that she is under investigation by various government agencies for questionable operating and spending procedures, but know it is just come to light that her office is ignoring court orders. Her office is a busy office, but it is fully staffed which makes it more of a puzzle why her office refuses to comply with court orders to perform her duties after a property has been sold at sheriff sale.
When the common pleas judge signs the confirmation of sale and it is the filed in the clerk of courts office, there is an order in the confirmation directed to the clerk of courts to issue and file releases of various liens that affect the subject real property described in that foreclosure case. Her office has been negligent in doing so for many months now. The reason (company line) that we examiners are being told, and only after many inquires, is that staff member who handles that duty is on maternity leave. If that staff member is not there, that duty is no longer her responsibility. This duty falls back onto the elected official. There have been numerous properties that were sold at sheriff sale, sheriff deeds issue to a proper buyer and now that buyer is trying to sell that property clear of any liens that should have been discharged via the foreclosure sale. Now they cannot. Any attempt to get these court ordered releases filed in the County Recorder's office has been met with great ambivalence.
The bottom line is just because the property was sold at sheriff sale and the sheriff's deed is properly recorded, jus don't assume that all the liens in the foreclosure case have been discharged and released of record, especially in Fairfield County, Ohio.
FYI: This is my second notification of strange goings on regarding this office, check out my blog entry regarding past issues with this office.