Ohio lenders don't have to send every foreclosed property to the sheriff's sale. Since 2016, Ohio law has let a judgment creditor ask the court to authorize a private selling officer (PSO) to advertise, market, and sell the property instead. For a servicer trying to keep properties out of REO, that choice affects how many buyers see the property, how fast it sells, and whether it goes to a third party or back to the plaintiff.
Beth Rose Real Estate and Auctions serves as a private selling officer across Ohio for loan servicers, banks, and foreclosure attorneys. We have completed nearly 1,000 PSO sales in at least 69 of Ohio's 88 counties, and 62% of them sold to third-party buyers rather than reverting to the plaintiff. This guide walks servicers through how a PSO sale works under the Ohio Revised Code, step by step, and where it differs from a sheriff's sale.
The short answer: An Ohio private selling officer sale is a court-ordered foreclosure auction run by a licensed auctioneer and real estate professional instead of the county sheriff. The judgment creditor files a motion under ORC 2329.152, the court authorizes a named PSO, the sheriff still handles the appraisal, and the PSO advertises, markets, and sells the property, usually online. The two-thirds minimum bid, deposit amounts, and court confirmation work the same as at a sheriff's sale.
What you'll learn
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Under ORC 2329.01(B)(2), a private selling officer is an Ohio resident licensed both as an auctioneer (ORC Chapter 4707) and as a real estate broker or salesperson (ORC Chapter 4735). The authority to use one comes from ORC 2329.152, added by House Bill 390 in 2016 and amended in 2017 and 2019.
The default rule hasn't changed. In every judicial or execution sale of real estate, the county sheriff conducts the auction unless the judgment creditor files a motion asking the court to authorize a specific PSO. Even after the court authorizes a PSO, the creditor can still choose to have the sheriff sell the property.
A PSO sale changes who runs the sale, not the legal guardrails around it. The sheriff still orders the appraisal. The two-thirds minimum bid, the deposit amounts, the newspaper notice, and court confirmation all still apply. What changes is who markets the property, how the auction is run, and who handles closing and records the deed.
Most PSO appointments come from residential mortgage foreclosures, but the statute covers any judicial sale of real estate. The table below maps the situations we see most often.
| Situation | Who asks for the PSO | Why a PSO helps |
|---|---|---|
| Residential mortgage foreclosure; servicer wants a third-party sale | Servicer, through foreclosure counsel | Marketing reaches owner-occupants and investors, not just regular sheriff's-sale bidders, so more properties sell to third parties instead of reverting to the plaintiff |
| Servicer managing many Ohio files at once | Servicer or its vendor | One PSO can run sales across counties with consistent marketing, bidder terms, and reporting |
| Commercial property foreclosure | Commercial lender | Deposit and payment terms are set for the sale (ORC 2329.211(B)), and marketing can target investors and operators |
| Sale needs to move (loss mitigation, payoff talks, bankruptcy filing) | Judgment creditor instructs the PSO | The PSO postpones by announcement, and rescheduled dates can run up to 180 days from the first sale date (ORC 2329.152(C)) |
| Residential property doesn't sell at the first auction | Follows automatically | A second auction is held 7 to 30 days later with no minimum bid (ORC 2329.52(B)) |
The legal framework is shared. The differences are in who runs the sale, how it's marketed, and who closes it.
| Sheriff's sale | PSO sale | |
|---|---|---|
| Who conducts it | County sheriff | Court-authorized PSO (licensed auctioneer and real estate licensee) |
| How it starts | Default in every foreclosure | Judgment creditor's motion under ORC 2329.152 |
| Appraisal | Ordered by the sheriff | Ordered by the sheriff (no change) |
| Where it's held | Varies by county; many counties now sell online through a county platform | Online, or at a physical location in the county; online auctions stay open at least 7 calendar days |
| Marketing | Required newspaper notice and the county's sale listing | The same newspaper notice, plus whatever marketing the PSO adds: photos, property details, email, digital ads, a bidder network |
| Minimum bid | Two-thirds of appraised value | Same |
| Residential deposit | $2,000, $5,000, or $10,000 by appraised value | Same |
| Postponing | Per county practice | Creditor instructs the PSO; reschedule within 180 days of the first sale date |
| Closing | Handled through the sheriff's office | A licensed title agent hired by the PSO handles title, escrow, and closing; the PSO signs and records the deed |
| Fees taxed as costs | Sheriff's statutory fees | PSO fees and costs up to 1.5% of the sale price |
For a servicer, the marketing row is usually the one that matters. A property that reaches end-user buyers has a better chance of selling above the minimum bid and above the plaintiff's bid.
Not every PSO sale is run the same way. Some Ohio PSOs conduct sales on their own websites, while others sign service agreements with national online marketplaces that host the auction and handle much of the marketing. At Beth Rose, the licensed PSO and the auction platform are the same firm. Servicers have one point of contact from appointment to deed, and the people marketing the property are the same people answering to the court.
Every PSO sale follows the same path from motion to deed. Here's what happens at each stage and who is responsible.
Timeline at a glance
| Stage | Statutory timing |
|---|---|
| Motion, praecipe, and orders | Set by the court and clerk |
| Legal notice | Once a week for 3 consecutive weeks before bidding opens |
| Notice to parties filed | At least 7 days before the sale |
| Online auction | Open at least 7 calendar days |
| Second auction (residential, if unsold) | 7 to 30 days after the first |
| Court confirmation | Within 30 days of the return of the writ |
| Balance due from buyer | Within 30 days of confirmation |
| Deed recorded | Within 14 days after confirmation and payment |
The judgment creditor, usually through foreclosure counsel, files a motion asking the court to authorize a specific private selling officer to sell the property at public auction. We provide counsel with the PSO information the motion needs.
Once the court authorizes the PSO, the creditor files a praecipe with the clerk. The clerk then issues two orders at once: an order of appraisal to the sheriff and an order of sale to the PSO.
The sheriff obtains the appraisal under ORC 2329.17 and 2329.18. That appraisal sets the minimum bid: the property can't sell for less than two-thirds of the appraised value at the first sale (ORC 2329.20).
The PSO publishes notice once a week for at least three consecutive weeks before an online sale opens, in the newspaper the court designates or the one the sheriff normally uses (ORC 2329.26). For an online sale, the notice includes the start date, minimum duration, website address, required deposit, and the provisional second sale date. Separately, creditor's counsel serves notice on the parties and files proof at least seven days before the sale.
This is where a PSO sale earns its keep. Beyond the legal notice, we build a full property listing with photos and documents, email our bidder list, run targeted digital ads, and list the property across real estate platforms.
Our foreclosure auctions run online only. Ohio law requires an online PSO auction to stay open at least seven calendar days. A bid in the final minute extends the auction by one minute, repeating until bidding stops. (Bidders can read more in our guide to bid increments and online bidding strategy.) If the creditor instructs us to postpone or cancel, we post the announcement on the auction site, and bids placed before it are void.
If a residential property in a mortgage foreclosure doesn't sell, a second auction opens 7 to 30 days after the first, and the property sells to the highest bidder without the two-thirds minimum, subject to costs, allowances, and taxes (ORC 2329.52(B)).
The winning bidder pays the deposit set in the sale terms. For residential property it's $2,000 if appraised at $10,000 or less, $5,000 up to $200,000, and $10,000 above $200,000. The judgment creditor doesn't pay a deposit when it buys (ORC 2329.211). Deposits are wired to the title company; our Ohio foreclosure auction FAQ covers the full buyer terms.
The PSO files an itemized report of appraisal, publication, marketing, and title expenses and all PSO fees. The court confirms the sale within 30 days of the return of the writ, unless it stays confirmation (ORC 2329.31).
The buyer pays the balance within 30 days of confirmation. The licensed title agent handles title, escrow, and closing. The PSO signs the deed and records it within 14 days after confirmation and payment, and proceeds are distributed under the court's order. We report the result to the lender at each stage.
Ohio caps what a PSO sale can add to the case. The appraisal and the newspaper notice are taxed as costs, just as in a sheriff's sale. The PSO's fee and its other costs are taxed as costs only up to 1.5% of the sale price. Anything above 1.5% can't be added to the redemption amount or a deficiency judgment; it's paid by the buyer, the judgment creditor, or from the creditor's share of the proceeds (ORC 2329.152(D)). Title agent fees of $500 or less are presumed reasonable; anything higher needs a court order.
Every sale ends with a paper trail the court and the lender can check: the itemized report of expenses and fees filed with the court, the auction results, the title company's settlement statement, and the recorded deed.
Ohio's PSO rules may change soon. Senate Bill 135 has passed the Ohio Senate. As introduced, it would:
The bill could still change before it becomes law. We'll update this post if it does.
Beth Rose Real Estate and Auctions is a third-generation, family-owned auction firm founded in 1995, based in Maumee, Ohio, with a presence in Michigan and Florida. For servicers, four things matter.
Beth Rose grew up in a family of auctioneers and began her career in 1990 alongside her father at Rose Auction & Realty, Ltd. She founded Beth Rose Real Estate and Auctions in 1995 and has led it for more than 30 years.
She leads the firm alongside Sara Rose Bytnar, CAI, AARE, AMM, broker and auctioneer, who oversees the firm's marketing. Sara is the 2017 International Auctioneer Champion (Women's Division), a past president of the Florida Auctioneers Association, a director of the National Auctioneers Association, and an instructor for the CAI and AMM programs.
If you're a bank, servicer, or foreclosure attorney weighing a PSO for Ohio files, we're glad to talk through a specific property or county before there's an appointment.
Looking to buy rather than sell? PSO sales are public auctions, and anyone can register to bid. A few terms apply to every Beth Rose foreclosure auction:
For more detail, read our PSO buyer guide and Ohio foreclosure auction FAQ, or browse current auctions.
Only the judgment creditor, by filing a motion with the court asking it to authorize a specific PSO. The sheriff remains the default seller unless that motion is granted and the creditor elects the PSO.
An Ohio resident licensed both as an auctioneer under ORC Chapter 4707 and as a real estate broker or salesperson under ORC Chapter 4735.
No. The property can't sell for less than two-thirds of the appraised value at the first sale, the same as at a sheriff's sale.
At least seven calendar days, not counting the day bidding opens.
For a residential mortgage foreclosure, a second auction is held 7 to 30 days after the first, with no minimum bid. For other property, the court can order a new appraisal and sale or set the amount the property may sell for.
Yes. The judgment creditor can instruct the PSO to postpone one or more times, as long as every new date falls within 180 days of the first sale date. The creditor can also cancel. Either way, bids placed before the announcement are void.
The PSO's fee and costs are taxed as costs only up to 1.5% of the sale price. Anything above that can't be added to the redemption amount or a deficiency judgment and is paid by the buyer, the creditor, or from the creditor's proceeds.
No. On residential property, the judgment creditor doesn't pay a sale deposit when it is the purchaser.
The PSO must hire a licensed title agent or title insurance company to handle title, escrow, and closing. The PSO signs the deed and records it within 14 days after confirmation and payment.
The court confirms the sale within 30 days of the return of the writ, the buyer pays the balance within 30 days of confirmation, and the deed is recorded within 14 days after that.
We serve as PSO statewide and have conducted sales in at least 69 of Ohio's 88 counties, including Montgomery, Franklin, Hamilton, Stark, Mahoning, Lucas, Summit, Butler, and Cuyahoga. See our PSO services page for details.
Tell us the property address, county, case number, and where the case stands. We'll give foreclosure counsel what the PSO motion needs and walk through timing and marketing. Schedule a consultation.
This article is general information about how private selling officer sales work under the Ohio Revised Code. It is not legal advice. The court's orders, local rules, and the statutes in effect on the date of sale control. Confirm current requirements with foreclosure counsel.