Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 458
2025-2026
Representative Lorenz
To
amend sections 2329.01, 2329.151, 2329.152, 2329.153, 2329.17,
2329.18, 2329.19, 2329.20, 2329.211, 2329.26, 2329.27, 2329.312,
and
2329.52 of the Revised Code
relating
to real property foreclosures.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2329.01, 2329.151, 2329.152, 2329.153, 2329.17, 2329.18,
2329.19, 2329.20, 2329.211, 2329.26, 2329.27, 2329.312,
and
2329.52 of the Revised Code be amended to read as follows:
Sec.
2329.01.
(A)
Lands and tenements, including vested legal interests therein,
permanent leasehold estates renewable forever, and goods and
chattels, not exempt by law, shall be subject to the payment of
debts, and liable to be taken on execution and sold as provided in
sections 2329.02 to 2329.61 of the Revised Code.
(B)
As used in sections 2329.02 to 2329.61 of the Revised Code:
(1)
"Commercial property" means any property that is not
residential property.
(2)
"Private selling officer" means a resident of this state
licensed as both an auctioneer under Chapter 4707. of the Revised
Code and as a real estate broker or real estate salesperson under
Chapter 4735. of the Revised Code.
(3)
"Residential mortgage loan" and "residential property"
have the same meanings as in section 2308.01 of the Revised Code.
(4)
"Judgment debtor" includes any individual, corporation,
business trust, estate, trust, partnership, or association.
(5)
"Sale date" means the day on which an auction for real
estate concludes.
(6)
"Start date" means the first day an auction for real estate
is open for bidding to the public.
Sec.
2329.151.
Except
as provided in sections 2329.152 to 2329.154 of the Revised Code, all
public auctions of goods, chattels, or lands levied upon by execution
shall be conducted personally by one of the following:
(A)
An officer of the court;
(B)
For the public auction of goods and chattels, a resident of this
state licensed as an auctioneer under Chapter 4707. of the Revised
Code;
(C)
(C)(1)
For the public auction of lands, a private selling officer
who is not controlled by, or under common control with, any of the
following:
(a)
The mortgagee or mortgage servicer of the property being auctioned;
(b)
A subsidiary of a mortgagee or mortgage servicer of the property
being auctioned;
(c)
A law firm providing legal services in relation to the property being
auctioned
.
(2)
Nothing in this section shall be construed to prohibit a mortgagee or
mortgage servicer from engaging in a regular course of business with
an independent private selling officer.
Sec.
2329.152.
(A)
In
every action demanding the judicial or execution sale of real estate
in which the debtor has failed to plead or otherwise defend as
provided by the Rules of Civil Procedure, the judgment creditor may
elect that the real estate be sold at a public auction by a private
selling officer. If the judgment creditor elects to have the real
estate sold by the private selling officer, the judgment creditor
shall file with the clerk of the court a praecipe directing the
issuance of an order of sale to the private selling officer. A
judgment creditor may specify multiple private selling officers in
the praecipe, any of which may conduct the sale.
In
every
other
action
demanding the judicial or execution sale of real estate, the county
sheriff shall sell the real estate at a public auction, unless the
judgment creditor files a motion with the court for an order
authorizing a specified private selling officer to sell the real
estate at a public auction. If the court authorizes a private selling
officer to sell the real estate, the judgment creditor may seek to
have the property sold by the private selling officer authorized by
the court or by the county sheriff. If the judgment creditor elects
to have the property sold by the private selling officer authorized
by the court, the judgment creditor shall file with the clerk of the
court a praecipe requesting the issuance of an order of
appraisal
to the sheriff and an order of
sale
to the private selling officer authorized by the court.
Upon
Upon
the
filing of
that
the
praecipe, the clerk of the court shall immediately issue
both
of the following:
(1)
An order of appraisal to the sheriff, who shall obtain an appraisal
of the real estate in conformity with sections 2329.17 and 2329.18 of
the Revised Code;
(2)
An
an
order
of sale to the private selling officer, who
,
after the return or determination of the appraisal,
shall advertise and sell the real estate in conformity with
applicable provisions of sections 2329.01 to 2329.61 of the Revised
Code
using the appraised value established under section 2329.17 of the
Revised Code
.
Within
ten days after the issuance of an order of sale to a private selling
officer, any lienholder who is a party to the action may file a
motion with the court objecting to the use of the private selling
officer. If such motion is filed within ten days after the issuance
of the order of sale and the court determines there is good and
reasonable cause, as defined in this division, the court may order
that the sale be reset, republished, and conducted by either the
county sheriff or another private selling officer.
As
used in this division, "good and reasonable cause" means
that the lienholder is more likely to have its lien satisfied, in
whole or in part, if the sale is conducted by the county sheriff or
another private selling officer.
(B)(1)
As used in this division:
(a)
"Business day" means a calendar day that is not a Saturday
or Sunday or a legal holiday as defined in section 1.14 of the
Revised Code.
(b)
"Remote bid" means a bid submitted in writing via
facsimile, electronic mail, or overnight delivery or courier.
(2)
If the sale of the real estate is conducted at a physical location
and not online, then each judgment creditor and lienholder who was a
party to the action may submit a remote bid to the sheriff or the
private selling officer. Each sheriff and private selling officer
shall establish and maintain a facsimile number or an electronic mail
address for use by judgment creditors and lienholders in submitting
remote bids. Each remote bid shall be of a fixed maximum amount and
shall be delivered to the sheriff or private selling officer on or
before four-thirty p.m. on the business day immediately preceding the
date
of the
sale
date
.
(3)
Before the sale, the sheriff or the private selling officer shall
confirm receipt of the remote bid by sending notice of such receipt
via facsimile or electronic mail to the judgment creditor or
lienholder who submitted the remote bid. During the sale, the sheriff
or the private selling officer shall place the remote bid on behalf
of the judgment creditor or lienholder who submitted the remote bid.
After the sale, the sheriff or the private selling officer shall
provide notice of the results of the sale not later than the close of
business on the day of the sale to all judgment creditors and
lienholders who submitted remote bids. Such notice shall be sent via
facsimile or electronic mail to the judgment creditor or lienholder
or by posting the results of the sale on a public web site.
(4)
If a sheriff or private selling officer fails to place a remote bid
on behalf of a judgment creditor or lienholder to the prejudice of
the judgment creditor or lienholder, then, upon the filing of a
motion to vacate the sale within ten business days after the sale
date, the sale shall be vacated.
(C)(1)
A judgment creditor that obtains a court order authorizing a
specified private selling officer to sell the real estate at a public
auction pursuant to division (A) of this section may instruct the
private selling officer to postpone the sale of the real estate one
or more times, provided, however that all rescheduled sale dates
shall be within one hundred eighty days of the initial sale date.
Upon receiving this instruction, the private selling officer shall
postpone the sale of the real estate by announcing that the sale is
postponed. If the sale is at a physical location, this announcement
shall be made at the sale and shall include the date, time, and place
of the rescheduled sale of the real estate. If the sale is online,
this announcement shall be made on the auction web site and shall
include the date of the rescheduled sale of real estate. Each such
announcement shall be deemed to meet the notice requirement in
section 2329.26 of the Revised Code.
(2)
If the judgment creditor does not wish to postpone the sale of the
real estate, the judgment creditor may instruct the private selling
officer to cancel the sale of the real estate. Upon receiving this
instruction, the private selling officer shall cancel the sale of the
real estate by announcing that the sale is canceled. If the sale is
at a physical location, this announcement shall be made at the sale.
If the sale is online, this announcement shall be made on the auction
web site and shall remain posted there until at least the end of the
seven-calendar-day
three-calendar-day
bidding
period described in division (E)(1)(a) of
this
section
2329.152 of the Revised Code
.
(3)
If the sale of the real estate is postponed or canceled as described
in divisions (C)(1) and (2) of this section, all bids made on the
real estate prior to the postponement or cancellation of the sale
shall be void.
(D)(1)
If the judgment creditor obtains a court order to have the real
estate sold by a private selling officer, then:
(a)
The
Except
as otherwise provided in division (B)(5) of section 2329.17 of the
Revised Code, the
cost
of the
appraisal
appraisals
required
by
that
section
2329.17
of the Revised Code
shall
be taxed as costs in the case.
(b)
The cost of the advertisement
in
a newspaper of general circulation as
required
by section 2329.26 of the Revised Code shall be taxed as costs in the
case.
(c)
The fee charged by the private selling officer and all costs incurred
by the private selling officer other than the costs described in
divisions (D)(1)(a) and (b) of this section shall be taxed as costs
in the case up to an amount equal to one and one-half per cent of the
sale price of the real estate. To the extent the fees and costs
described in division (D)(1)(c) of this section exceed one and
one-half per cent of the sale price of the real estate, they shall
not be included in the amount necessary to redeem real estate under
section 2329.33 of the Revised Code or in the calculation of any
deficiency judgment under section 2329.08 of the Revised Code
but rather
.
Rather, the fees and costs
shall
be paid by the buyer of the property, the judgment creditor, or from
the judgment creditor's portion of the proceeds of the sale
in an amount not exceeding ten per cent of the sale price of the real
estate
.
(2)
The private selling officer shall file with the court that issued the
order of sale an itemized report of all appraisal, publication,
marketing, and other expenses of a sale conducted under this section
and all fees charged by the private selling officer for marketing the
real estate or conducting the sale of the real estate, including the
fee charged by the title agent or title insurance company for
administrative services, if applicable, and title, escrow, and
closing services.
Each filing of such itemized report shall be deemed to meet the writ
of execution requirement in section 2329.28 of the Revised Code.
(E)(1)
The private selling officer who conducts a sale under this section
may
shall
do
any
all
of
the following:
(a)
Market the real estate and conduct the public auction of the real
estate online or at any physical location in the county in which the
real estate is situated. If the auction occurs online, the auction
shall be open for bidding for a minimum of
seven
three
calendar
days, counted by excluding the day the auction is first open for
bidding and, notwithstanding section 1.14 of the Revised Code,
including all subsequent days.
The online auction shall be conducted in a manner so that all bids
are publicly displayed upon entry by the bidder throughout the
bidding period described in division (E)(1)(a) of this section.
(b)
Hire
a title insurance agent licensed under Chapter 3953. of the Revised
Code or title insurance company authorized to do business under that
chapter to assist the private selling officer in performing
administrative services;
(c)
Execute to the purchaser, or to the purchaser's legal
representatives, a deed of conveyance of the real estate sold;
(d)
(c)
Record on behalf of the purchaser the deed conveying title to the
real estate sold, notwithstanding that the deed may not actually have
been delivered to the purchaser prior to its recording.
(2)
A
private selling officer who conducts a sale under this section may
hire a title insurance agent licensed under Chapter 3953. of the
Revised Code or title insurance company authorized to do business
under that chapter to assist the private selling officer in
performing administrative services.
(3)
By
placing a bid at a sale conducted pursuant to this section, a
purchaser appoints the private selling officer who conducts the sale
as agent of the purchaser for the sole purpose of accepting delivery
of the deed.
(3)
(4)
The private selling officer who conducts the sale shall hire a title
insurance agent licensed under Chapter 3953. of the Revised Code or
title insurance company authorized to do business under that chapter
to perform title, escrow, and closing services related to the sale of
the real estate.
(F)
The fee charged by the title agent or title insurance company for
services provided under divisions
(E)(1)(b)
and (3)
(E)(2)
and (4)
of
this section shall be taxed as costs in the case provided they are
reasonable. Fees less than or equal to five hundred dollars are
presumed to be reasonable. Fees exceeding five hundred dollars shall
be paid only if authorized by a court order.
Sec.
2329.153.
(A)
Not later than ninety days after
the effective date of this section
September 28, 2016
,
the department of administrative services shall solicit competitive
sealed proposals for the creation, operation, and maintenance of the
official public sheriff sale web site and an integrated auction
management system. The official public sheriff sale web site and
integrated auction management system shall be a single statewide
system for use by all county sheriffs in accordance with the
requirements of this section.
(B)
The official public sheriff sale web site shall meet the following
minimum requirements:
(1)
The web site shall have a domain name relevant to the judicial sale
of real property.
(2)
The web site shall be limited to the judicial sale of real property
located in this state.
(3)
The web site shall not charge a fee for members of the public to view
properties for sale.
(4)
The web site shall allow each county sheriff to add text, images, or
graphics to the web site for the purpose of identifying the county or
sheriff conducting the sale.
(5)
The web site shall include industry-standard features and
functionality, including user guides, online financial transaction
device payments, anti-snipe functionality, watch lists, electronic
mail notifications, maximum bid limits, automatic incremental
bidding, and search and map features that allow users to search by
county, zip code, address, parcel number, appraised value, party
name, case number, and other variables relevant to the judicial sale
of real property. As used in this section, "financial
transaction device" has the same meaning as in section 301.28 of
the Revised Code.
(6)
The web site shall include features that allow for the cancellation
of sales as required by law or court order and the postponement of
sales in accordance with divisions (E)(2) and (3) of this section.
(7)
The web site shall provide a secure payment processing system that
accepts online payments for property sold via the web site and, in an
efficient and cost
-
effective
manner, transfers those payments to the appropriate county official
or account.
(8)
The web site shall include the ability for an attorney or law firm to
enter a bid in a representative capacity.
(9)
The web site shall be integrated with the auction management system
described in division (C) of this section.
(C)
The auction management system shall meet the following minimum
requirements:
(1)
The auction management system shall have a role-based workflow engine
to assist in conducting sales on the web site, capturing data,
complying with all relevant laws, and managing administrative
processes related to the judicial sale of real property in a timely,
secure, and accurate manner.
(2)
The auction management system shall record the data necessary to meet
the reporting requirements of section 2329.312 of the Revised Code.
(3)
The auction management system shall be able to generate documents
required by the court ordering the sale or related to the judicial
sale of real property.
(4)
The auction management system shall be able to record fees, costs,
deposits, and other money items with the objective of ensuring an
accurate accounting of moneys received and disbursed in each judicial
sale of real property.
(5)
The auction management system shall be integrated with the web site
described in division (B) of this section.
(6)
The auction management system shall conduct the sale in a manner so
that all bids are publicly displayed upon entry by the bidder
throughout the bidding period described in division (E)(1) of this
section.
(D)
The license fee for the creation, operation, and maintenance of the
official public sheriff sale web site and integrated auction
management system shall be determined using a per-transaction license
fee model or a per-use license fee model. The addition of a property
to the official public sheriff sale web site or the auction
management system shall each be deemed a transaction for purposes of
determining the license fee. The license fee applicable to each
judicial sale of real property shall be taxed as costs in the case.
No additional license fees shall be assessed to the county sheriff.
(E)(1)
Not later than one year after
the effective date of this section
September 28, 2016
,
in all cases in which the sheriff is ordered to conduct a judicial
sale of real property, the following shall occur:
(a)
For residential property, the sale may be conducted on the official
public sheriff sale web site for a five-year period beginning on the
date the online system is fully operational. After this five-year
period sales shall be conducted on the official public sheriff sale
web site.
(b)
For commercial property, the sale may be conducted on the official
public sheriff sale web site.
All
sales conducted on the official public sheriff sale web site shall be
open for bidding for at least
seven
three
days.
(2)
If the sale of the real property is to be conducted on the official
public sheriff sale web site, the judgment creditor may instruct the
sheriff to postpone the sale of the real property one time for up to
one hundred eighty days after the initial sale date. Upon receiving
such instruction for postponement, the sheriff shall postpone the
sale of the property by announcing on the official public sheriff
sale web site that the sale is postponed and giving notice of the
rescheduled sale date. This announcement shall be deemed to meet the
notice requirement of section 2329.26 of the Revised Code.
(3)
If the judgment creditor does not wish to postpone the sale of the
real property, the judgment creditor may instruct the sheriff to
cancel the sale of the property. Upon receiving this instruction, the
sheriff shall cancel the sale of the property by announcing on the
official public sheriff sale web site that the sale is canceled. This
announcement shall remain posted on the official public sheriff sale
web site until at least the end of the
seven-day
three-day
bidding
period described in division (E)(1) of this section.
(4)
If the sale of the real property is postponed or canceled according
to divisions (E)(2) and (3) of this section, all bids made on the
real property prior to the postponement or cancellation of the sale
shall be void.
(F)
Pursuant to their authority in section 9.482 of the Revised Code,
counties may elect to enter into a shared services agreement relating
to the judicial sale of real property on the official public sheriff
sale web site. The shared services agreement may seek to improve
efficiency and reduce costs in the judicial sale of real property by
consolidating administrative functions and processes.
Sec.
2329.17.
(A)
When execution is levied upon
lands and tenements
real property
,
the sheriff
of the county where the property taken in execution is situated
shall
call an inquest of
acquire
appraisals from
three
disinterested freeholders, who are residents of, and real property
owners in, the county where the
lands
property
taken
in execution
are
is
situated,
who shall appraise the property so levied upon, upon actual view.
(B)
If the property to be appraised is residential property,
all
of
the
freeholders
following
apply:
(1)
Each appraisal shall be exterior-only.
(2)
Each appraisal shall be conducted by an individual who is licensed
under either Chapter 4735. or 4763. of the Revised Code and is not
the sheriff, the private selling officer, or a person affiliated with
the sheriff or private selling officer.
(3)
The cost of the appraisals shall not exceed an amount that the
sheriff determines is reasonable and customary for such services.
(4)(a)
The individuals
selected
by
the sheriff
to
conduct the appraisal
shall
return to the sheriff an estimate of the value of the property
in
money
within
twenty-one
fourteen
calendar
days
of
after
the
issuance of the order of appraisal by the clerk of the court.
(b)
If
the
court has ordered or the clerk of the court has issued an order for
a
private selling officer
to
advertise and sell the appraised
is
responsible for the sale of the
property,
the
freeholders
individuals
selected
by the sheriff shall also deliver
a
an
electronic
copy
of
their
the
individuals'
appraisal
to the private selling officer contemporaneously with
their
the
individuals'
delivery
of
their
the
individuals'
appraisal
to the sheriff.
(C)
(5)
If
the
freeholders
individuals
selected
by the sheriff under
division
(B) of
this
section do not deliver
their
appraisal
the
appraisals
within
twenty-one
fourteen
calendar
days
of
after
the
issuance of the order of appraisal by the clerk of the court
as required by division (B) of this section
,
then
all
both
of
the following
shall
occur
apply
:
(1)
(a)
The
cost of the
appraisal
appraisals
by
the
freeholders
individuals
shall
not be
payable
paid
to
the
freeholders
individuals
or
taxed as costs in the case.
(2)
(b)
The appraised value of the property shall be the most recent
appraised value of the property as shown on the records of the county
auditor, unless, for good cause shown, the court authorizes a
separate appraisal of the property.
(3)
The advertisement and sale of the property shall proceed immediately
in accordance with the order of advertisement and sale issued by the
clerk of the court.
If
a separate appraisal of the property is obtained, the cost of the
appraisal shall be included as an expense of the sale pursuant to
division (D) of section 2329.152 of the Revised Code.
(D)
(C)
If the property to be appraised is commercial property, the
freeholders selected by the sheriff shall return to the sheriff an
estimate of the value of the property in money in accordance with the
timing or other requirements, if any, that may be established for the
sale.
(E)
(D)
The advertisement and sale of real property described in this section
shall proceed immediately in accordance with the order of
advertisement and sale issued by the clerk of the court.
(E)
The
municipal corporation or township in which the real property is
situated may inspect prior to the judicial sale any structures
located on
lands subject to a writ of execution
such real property
.
Sec.
2329.18.
(A)
If a court has ordered or the clerk of a court has issued an order
for the sheriff to advertise and sell the real estate
for which the appraised value has been determined pursuant to section
2329.17 of the Revised Code
,
the sheriff shall
deposit
a copy of the appraisal with the clerk of the court from which the
writ was issued, and
immediately
advertise and sell
such
the
real
estate in conformity with sections 2329.01 to 2329.61 of the Revised
Code.
(B)
If the court has ordered or the clerk of the court has issued an
order for a private selling officer to advertise and sell the real
estate
for which the appraised value has been determined pursuant to section
2329.17 of the Revised Code
,
the private selling officer shall immediately advertise and sell the
real estate in conformity with sections 2329.01 to 2329.61 of the
Revised Code.
Sec.
2329.19.
Upon
the determination of the appraised value pursuant to section 2329.17
of the Revised Code, if
If
it
appears that two-thirds of the appraised value
,
as established pursuant to section 2329.17 of the Revised Code,
of the
lands
and tenements
real
property
levied
upon is sufficient to satisfy the execution, with costs, the judgment
on which the execution issued shall not operate as a lien on the
residue of the debtor's estate to the prejudice of any other judgment
creditor.
Sec.
2329.20.
Except
as otherwise provided in this section or sections 2329.51 and 2329.52
of the Revised Code, no tract of land shall be sold for less than
two-thirds the amount of the appraised value as
determined
established
pursuant
to section 2329.17 of the Revised Code. In all cases in which a
junior mortgage or other junior lien is sought to be enforced against
real estate by an order, judgment, or decree of court, subject to a
prior lien thereon, and such prior lien, and the claims or
obligations secured thereby, are unaffected by such order, judgment,
or decree, the court making such order, judgment, or decree, may
determine the minimum amount for which such real estate may be sold.
In such a case, the minimum amount shall be not less than two-thirds
of the difference between the appraised value of the real estate as
determined
established
in
that section, and the amount remaining unpaid on the claims or
obligations secured by such prior lien.
Sec.
2329.211.
(A)(1)
In every action demanding the judicial or execution sale of
residential property, if the judgment creditor is the purchaser at
the sale, the purchaser shall not be required to make a sale deposit.
All other purchasers shall make a sale deposit as follows:
(a)
If the appraised value of the residential property is less than or
equal to ten thousand dollars, the deposit shall be two thousand
dollars.
(b)
If the appraised value of the residential property is greater than
ten thousand dollars but less than or equal to two hundred thousand
dollars, the deposit shall be five thousand dollars.
(c)
If the appraised value of the residential property is greater than
two hundred thousand dollars, the deposit shall be ten thousand
dollars.
(2)
The timing of the deposit and other payment requirements shall be
established by the court or the person conducting the sale and
included in the advertisement of the sale. If the purchaser fails to
meet the timing or other requirements of the deposit, the sale shall
be invalid and the residential property may be brought to sale on
the
provisional second sale
any
subsequent start
date,
if any, described in division (B) of section 2329.52 of the Revised
Code, and included in the notice required by division (A)(1)(a)(i) of
section 2329.26 of the Revised Code.
(3)
If the sale is held online, the deposit may be made by a financial
transaction device as defined in section 301.28 of the Revised Code.
(B)
In every action demanding the judicial or execution sale of
commercial property, the purchaser at the sale shall make a deposit
pursuant to the requirements, if any, established for the sale.
Sec.
2329.26.
(A)
Lands and tenements taken in execution shall not be sold until all of
the following occur:
(1)(a)
Except as otherwise provided in division (A)(1)(b) of this section,
the judgment creditor who seeks the sale of the lands and tenements
or the judgment creditor's attorney does both of the following:
(i)
Causes a written notice to be served in accordance with divisions (A)
and (B) of Civil Rule 5 upon the judgment debtor and upon each other
party to the action in which the judgment giving rise to the
execution was rendered. Such notice shall include the
start
date,
time, and place of the sale if the sale is to be held at a physical
location or the start date and web site address of the sale if the
sale is to be held online. Such notice shall also include
the
provisional second sale
any
subsequent start
date
described in division (B) of section 2329.52 of the Revised Code, if
applicable.
(ii)
At least seven calendar days prior to the
sale
date
of
the sale
,
files with the clerk of the court that rendered the judgment giving
rise to the execution a copy of the written notice described in
division (A)(1)(a)(i) of this section with proof of service endorsed
on the copy in the form described in division (B) of Civil Rule 5.
(b)
Service of the written notice described in division (A)(1)(a)(i) of
this section is not required to be made upon any party who is in
default for failure to appear in the action in which the judgment
giving rise to the execution was rendered.
(2)
One of the following applies:
(a)
The officer taking the lands and tenements gives public notice once a
week for at least three consecutive weeks before the
day
of
sale
if
the sale is to be held at a physical location or the start date of
the sale if the sale is to be conducted online
date
.
The last date of publication shall be four or more calendar days
prior to the sale date.
Such
Except as otherwise provided in division (C) of this section, the
first such
notice
,
occurring at least three weeks before the sale date,
shall be by advertisement in
the print or digital edition of
a newspaper of general circulation in the county. The newspaper shall
meet the requirements of section 7.12 of the Revised Code. The court
ordering the sale may designate in the order of sale the newspaper in
which this public notice shall be published.
Subsequent
notices required by division (A)(2)(a) of this section may be made on
the web site of the officer conducting the sale, a web site
maintained by the officer for that purpose, or, at the sole
discretion of the officer, in a newspaper of general circulation in
the county.
The
notice
notices
shall
include all the following information:
(i)
The date, time, and place of the sale if the sale is to be held at a
physical location;
(ii)
The start date, the minimum duration, and web site address of the
sale if the sale is to be held online;
(iii)
The deposit required by section 2329.211 of the Revised Code;
(iv)
That the purchaser shall be responsible for those costs, allowances,
and taxes that the proceeds of the sale are insufficient to cover;
(v)
The
Information
meeting the requirements of division (A)(2)(a)(i) or (ii) of this
section, as applicable to where the sale is to be held, for any
subsequent
provisional
second
sale
date described in division (B) of section 2329.52 of the Revised
Code, if applicable; provided, however, that no sale shall be
invalid, nor shall the court vacate any sale, if the notice described
in division (A)(1)(a)(i) of this section or the public notice
described in division (A)(2) of this section fails to include the
provisional
sale
date
for a
second
subsequent
sale
of the property and the property is sold on the initial sale date.
(vi)
The notices required by division (A)(2) of this section need not
include a description of the property in metes and bounds.
(b)
If
Except
as provided in division (B) of this section, if
a
private selling officer has been ordered to sell the lands and
tenements, the private selling officer shall give the public notice
described in division (A)(2)(a) of this section
in the newspaper designated by the court. If the court has not
designated a newspaper, the private selling officer shall give this
public notice in the newspaper customarily used or designated by the
county sheriff
,
except that the online notices required by that division may be
posted to the private selling officer's web site, or a web site
maintained by the private selling officer for those purposes, rather
than the sheriff's web site, or a web site maintained by the sheriff
for those purposes
.
No sale that otherwise complies with division (A)(2) of this section
shall be invalid.
(B)
Any
officer taking lands and tenements in execution that are advertised
and offered for sale but unsold for want of bidders may advertise any
subsequent sale in any method the officer finds suitable, which may
include online advertisement instead of print. Any such advertisement
of a subsequent sale shall be deemed to meet the notice requirement
in division (A) of this section.
(C)(1)
A sheriff or private selling officer shall not charge or include as
an expense of the sale any amount for publishing notice on the
sheriff's or private selling officer's web site or a web site
maintained by the sheriff or private selling officer for those
purposes.
(2)
If the court ordering the sale designates the newspaper in which the
public notice is to be published, and the sheriff or private selling
officer is unable to publish notice in that newspaper, then the
sheriff or private selling officer may publish notice in another
newspaper of general circulation in the county.
(3)
If the sheriff or private selling officer, despite reasonable
efforts, is unable to find a newspaper of general circulation in the
county that will publish notice of the sale, subject to division
(C)(1) of this section, the sheriff or private selling officer may
instead publish notice of the sale on a sheriff's or private selling
officer's web site, or a web site maintained by the sheriff or
private selling officer for those purposes.
(D)
The
sheriff
or private selling
officer
taking the lands and tenements shall collect the purchaser's
information required by section 2329.271 of the Revised Code.
(C)
(E)
A
sale of lands and tenements taken in execution may be set aside in
accordance with
division
(A) or (B) of
section
2329.27 of the Revised Code.
Sec.
2329.27.
(A)
When
the public notice required by division (A)(2) of section 2329.26 of
the Revised Code is made in a newspaper published weekly, it is
sufficient to insert it for three consecutive weeks. If both a daily
and weekly edition of the paper are published and the circulation of
the daily in the county exceeds that of the weekly in the county, or
if the lands and tenements taken in execution are situated in a city,
both a daily and weekly edition of the paper are published, and the
circulation of the daily in that city exceeds the circulation of the
weekly in that city, it is sufficient to publish the public notice in
the daily once a week for three consecutive weeks before the day of
sale, each insertion to be on the same day of the week. The expense
of that publication in a daily shall not exceed the cost of
publishing it in a weekly.
(B)(1)
Subject
Except
as provided in division (B) of section 2329.26 of the Revised Code
and subject
to
divisions
(B)(2)
(B)
and
(3)
(C)
of
this section, all sales of lands and tenements taken in execution
that are made without compliance with the written notice requirements
of division (A)(1)(a) of section 2329.26 of the Revised Code, the
public notice requirements of division (A)(2) of that section,
and
the
notice requirements of section 2329.261 of the Revised Code, the
purchaser information requirements of section 2329.271 of the Revised
Code
,
and division (A) of this section
shall be set aside, on motion by any interested party, by the court
to which the execution is returnable.
(2)
(B)
Proof
of service endorsed upon a copy of the written notice required by
division (A)(1)(a) of section 2329.26 of the Revised Code shall be
conclusive evidence of the service of the written notice in
compliance with the requirements of that division, unless a party
files a motion to set aside the sale of the lands and tenements
pursuant to division
(B)(1)
(A)
of
this section and establishes by a preponderance of the evidence that
the proof of service is fraudulent.
(3)
(C)
If
the court to which the execution is returnable enters its order
confirming the sale of the lands and tenements, the order shall have
both of the following effects:
(a)
(1)
The
order shall be deemed to constitute a judicial finding as follows:
(i)
(a)
That
the sale of the lands and tenements complied with the written notice
requirements of division (A)(1)(a) of section 2329.26 of the Revised
Code and the public notice requirements of division (A)(2) of that
section
,
and
section
2329.261 of the Revised Code,
and
division (A) of this section,
or
that compliance of that nature did not occur but the failure to give
a written notice to a party entitled to notice under division
(A)(1)(a) of section 2329.26 of the Revised Code has not prejudiced
that party;
(ii)
(b)
That
all parties entitled to notice under division (A)(1)(a) of section
2329.26 of the Revised Code received adequate notice of the date,
time, and place of the sale of the lands and tenements;
(iii)
(c)
That
the purchaser has submitted the contact information required by
section 2329.271 of the Revised Code.
(b)
(2)
The
order bars the filing of any further motions to set aside the sale of
the lands and tenements.
Sec.
2329.312.
(A)
All levying officers appointed or authorized by a court under this
chapter to conduct the judicial or execution sale of residential
property consisting of one to four single-family units shall submit
quarterly reports to the attorney general. The reports shall include
data on each such sale conducted by the officer, including data
showing whether or not the deadlines required under division (E) of
section 2308.02
,
division (B) of section 2329.17,
and sections 2329.30 and 2329.31 of the Revised Code are met.
(B)
The attorney general shall make the information included in the
reports described in division (A) of this section publicly available.
Sec.
2329.52.
(A)
Except as otherwise provided in division (B) of this section, when
premises are ordered to be sold, if said premises, or a part thereof,
remain unsold for want of bidders after having been once appraised,
advertised, and offered for sale, the court from which the order of
sale issued may, on motion of the plaintiff or defendant and from
time to time until said premises are disposed of, order a new
appraisement and sale or direct the amount for which said premises,
or a part thereof, may be sold.
The
court may order that the premises be sold as follows: One third cash
in hand, one third in nine months from the day of sale, and the
remaining one third in eighteen months from the day of sale, the
deferred payments to draw interest at six per cent and be secured by
a mortgage on the premises.
(B)(1)
When a residential property is ordered to be sold pursuant to a
residential mortgage loan foreclosure action, if the property remains
unsold after the first auction, then a
second
subsequent
auction
shall be held and the property shall be sold to the highest bidder
without regard to the minimum bid requirement in section 2329.20 of
the Revised Code, but subject to section 2329.21 of the Revised Code
relating to costs, allowances, and real estate taxes
,
or disposed of in any other manner pursuant to this chapter
.
This
second
Any
subsequent
auction
shall be held not earlier than
seven
three
days
and not later than thirty days after the
first
previous
auction
sale date
.
A
residential property that remains unsold after two auctions may be
subsequently offered for sale without regard to the minimum bid
requirement in section 2329.20 of the Revised Code, but subject to
section 2329.21 of the Revised Code relating to costs, allowances,
and real estate taxes, or disposed of in any other manner pursuant to
this chapter or any other provision of the Revised Code.
(2)
For purposes of division (B)(1) of this section, the first day an
online auction is open for bidding shall be considered the
start
date
of the auction
.
Section
2.
That
existing sections 2329.01, 2329.151, 2329.152, 2329.153, 2329.17,
2329.18, 2329.19, 2329.20, 2329.211, 2329.26, 2329.27, 2329.312,
and
2329.52 of the Revised Code are hereby repealed.