As Re-Reported by the House Housing and Urban Revitalization Committee

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 323

Representative Murray 

Cosponsors: Representatives Chandler, Letson, Okey, Phillips, Koziura, Yuko, Domenick, Foley, Pillich, Driehaus, Luckie, Winburn, Stewart, Heard 

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A BILL

To amend sections 323.47, 2303.20, 2323.07, 2329.01,

1

2329.02, 2329.09, 2329.191, 2329.20, 2329.26,

2

2329.31, 2329.33, 2329.36, 2329.52, 2909.05, and

3

5723.01 and to enact sections 2308.01 to 2308.09

4

of the Revised Code relative to residential

5

foreclosure actions.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 323.47, 2303.20, 2323.07, 2329.01,	7
2329.02, 2329.09, 2329.191, 2329.20, 2329.26, 2329.31, 2329.33,	8
2329.36, 2329.52, 2909.05, and 5723.01 be amended and sections	9
2308.01, 2308.02, 2308.03, 2308.04, 2308.05, 2308.06, 2308.07,	10
2308.08, and 2308.09 of the Revised Code be enacted to read as	11
follows:	12

Sec. 323.47. (A) If land held by tenants in common is sold	13
upon proceedings in partition, or taken by the election of any of	14
the parties to such proceedings, or real estate is sold by	15
administrators, executors, guardians, or trustees, the court shall	16
order that the taxes, penalties, and assessments then due and	17
payable, and interest on those taxes, penalties, and assessments,	18
that are or will be a lien on such land or real estate at the time	19
the deed is transferred following the sale, be discharged out of	20
the proceeds of such sale or election. For purposes of determining	21
such amount, the county treasurer shall estimate the amount of	22
taxes, assessments, interest, and penalties that will be payable	23
at the time the deed of the property is transferred to the	24
purchaser. If the county treasurer's estimate exceeds the amount	25
of taxes, assessments, interest, and penalties actually payable	26
when the deed is transferred to the purchaser, the officer who	27
conducted the sale shall refund to the purchaser the difference	28
between the estimate and the amount actually payable. If the	29
amount of taxes, assessments, interest, and penalties actually	30
payable when the deed is transferred to the purchaser exceeds the	31
county treasurer's estimate, the officer shall certify the amount	32
of the excess to the treasurer, who shall enter that amount on the	33
real and public utility property tax duplicate opposite the	34
property; the amount of the excess shall be payable at the next	35
succeeding date prescribed for payment of taxes in section 323.12	36
of the Revised Code.	37

(B)(1) If real estate is sold at judicial sale, the court	38
shall order that the total of the following amounts shall be	39
discharged out of the proceeds of the sale but only to the extent	40
of such proceeds:	41

(a)(1) Taxes and assessments the lien for which attaches	42
before the confirmation of sale but that are not yet determined,	43
assessed, and levied for the year in which confirmation occurs,	44
apportioned pro rata to the part of that year that precedes	45
confirmation, and any penalties and interest on those taxes and	46
assessments, the amount of which shall be based on the date of the	47
sale;	48

(b)(2) All other taxes, assessments, penalties, and interest	49
the lien for which attached for a prior tax year but that have not	50
been paid on or before the date of confirmation.	51

(2) Upon the request of the officer who conducted the sale,	52
the county treasurer shall estimate the amount in division	53
(B)(1)(a) of this section. If the county treasurer's estimate	54
exceeds that amount, the officer who conducted the sale shall	55
refund to the purchaser the difference between the estimate and	56
the actual amount. If the actual amount exceeds the county	57
treasurer's estimate, the officer shall certify the amount of the	58
excess to the treasurer, who shall enter that amount on the real	59
and public utility property tax duplicate opposite the property;	60
the amount of the excess shall be payable at the next succeeding	61
date prescribed for payment of taxes in section 323.12 of the	62
Revised Code.	63

Sec. 2303.20.  Under the circumstances described in sections	64
2969.21 to 2969.27 of the Revised Code, the clerk of the court of	65
common pleas shall charge the fees and perform the other duties	66
specified in those sections. In all other cases, the clerk shall	67
charge the following fees and no more:	68

(A) Twenty-five dollars for each cause of action which shall	69
include the following:	70

(1) Docketing in all dockets;

71

(2) Filing necessary documents, noting the filing of the	72
documents, except subpoena, on the dockets;	73

(3) Issuing certificate of deposit in foreign writs;

74

(4) Indexing pending suits and living judgments;

75

(5) Noting on appearance docket all papers mailed;

76

(6) Certificate for attorney's fee;

77

(7) Certificate for stenographer's fee;

78

(8) Preparing cost bill;

79

(9) Entering on indictment any plea;

80

(10) Entering costs on docket and cash book.

81

(B) Two dollars for taking each undertaking, bond, or	82
recognizance;	83

(C) Two dollars for issuing each writ, order, or notice,	84
except subpoena;	85

(D) Two dollars for each name for issuing subpoena, swearing	86
witness, entering attendance, and certifying fees;	87

(E) Twenty-five dollars for calling a jury in each cause;

88

(F) Two dollars for each page, for entering on journal,	89
indexing, and posting on any docket;	90

(G) Three dollars for each execution or transcript of	91
judgment, including indexing;	92

(H) One dollar for each page, for making complete record,	93
including indexing;	94

(I) Five dollars for certifying a plat recorded in the county	95
recorder's office;	96

(J) Five dollars for issuing certificate to receiver or order	97
of reference with oath;	98

(K) Five dollars for entering satisfaction or partial	99
satisfaction of each lien on record in the county recorder's	100
office, and the clerk of courts' office;	101

(L) One dollar for each certificate of fact under seal of	102
the court, to be paid by the party demanding it;	103

(M) One dollar for taking each affidavit, including	104
certificate and seal;	105

(N) Two dollars for acknowledging all instruments in writing;

106

(O) Five dollars for making certificate of judgment;

107

(P) Ten dollars for filing, docketing, and endorsing a	108
certificate of judgment, including the indexing and noting the	109
return of the certificate;	110

(Q) Twenty-five dollars for each cause of action for each	111
judgment by confession, including all docketing, indexing, and	112
entries on the journal;	113

(R) Five dollars for recording commission of mayor or notary	114
public;	115

(S) One dollar for issuing any license except the licenses	116
issued pursuant to sections 1533.101, 1533.11, 1533.13, and	117
1533.32 of the Revised Code;	118

(T) Fifteen dollars for docketing and indexing each aid in	119
execution or petition to vacate, revive, or modify judgment,	120
including the filing and noting of all necessary documents;	121

(U) Twenty-five dollars for docketing and indexing each	122
appeal, including the filing and noting of all necessary	123
documents;	124

(V) A commission of two per cent on the first ten thousand	125
dollars and one per cent on all exceeding ten thousand dollars for	126
receiving and disbursing money, other than costs and fees, paid to	127
or deposited with the clerk of courts in pursuance of an order of	128
court or on judgments, including moneys invested by order of the	129
court and interest earned on them;	130

(W) Five dollars for numbering, docketing, indexing, and	131
filing each authenticated or certified copy of the record, or any	132
portion of an authenticated or certified copy of the record, of an	133
extra county action or proceeding;	134

(X) Two dollars for each certificate of divorce, annulment,	135
or dissolution of marriage to the bureau of vital statistics;	136

(Y) Two dollars for each electronic transmission of a	137
document, plus one dollar for each page of that document. These	138
fees are to be paid by the party requesting the electronic	139
transmission.	140

(Z) One dollar for each page, for copies of pleadings,	141
process, record, or files, including certificate and seal;	142

(AA) An additional fee of twenty dollars for each filing for	143
a residential mortgage foreclosure action.	144

Sec. 2308.01. As used in this chapter:

145

(A) "Residential mortgage" means an obligation to pay a sum	146
of money evidenced by a note and secured by a lien upon a	147
residential property.	148

(B) "Residential property" means real property located within	149
this state consisting of land and a structure on that land	150
containing four or fewer dwelling units, each of which is intended	151
for occupancy by a separate household. "Residential property"	152
includes a residential condominium unit owned by an individual,	153
notwithstanding the number of units in the structure, and a	154
manufactured or mobile home that is subject to real property taxes	155
under section 4503.06 of the Revised Code.	156

Sec. 2308.02. No person shall file a complaint to initiate a	157
residential mortgage foreclosure action unless that complaint is	158
accompanied by the preliminary judicial report that section	159
2329.191 of the Revised Code requires.	160

Sec. 2308.03. (A) If the owner in a residential mortgage	161
foreclosure action does not answer or otherwise respond to the	162
clerk's summons and complaint in accordance with the Rules of	163
Civil Procedure, within ten days after the last due date for any	164
defendant who was served with a summons and complaint, the clerk	165
shall notify the plaintiff of that failure to respond and inform	166
the plaintiff that if the property is not occupied, the plaintiff	167
shall either file a motion for default judgment with the court or	168
submit a statement showing cause sufficient to the court why the	169
plaintiff is not filing such a motion. The plaintiff shall file	170
such a motion or statement within sixty days after the date of the	171
clerk's notice.	172

(B) If a plaintiff fails to comply with division (A) of this	173
section, the court shall dismiss the residential mortgage	174
foreclosure action without prejudice.	175

(C) Nothing in this section shall be construed to affect any	176
right of the plaintiff to file a motion for a default judgment on	177
an occupied property.	178

Sec. 2308.04.  (A) Notwithstanding any other provision of the	179
Revised Code, a plaintiff may request, at the time the plaintiff	180
files a motion for a default judgment pursuant to section 2308.03	181
of the Revised Code, the court deem that the title of the property	182
transferred directly and immediately to the plaintiff in lieu of	183
sale and in lieu of a right to a deficiency judgment. A plaintiff	184
may make such a request, and a court may grant such a request,	185
only if all of the following apply:	186

(1) In the plaintiff's prayer and complaint to initiate the	187
residential mortgage foreclosure action, the plaintiff	188
specifically reserved the right to request the additional relief	189
of a transfer in lieu of sale and in lieu of a right to a	190
deficiency judgment in the event that the plaintiff filed a motion	191
for a default judgment in the course of the foreclosure action.	192

(2) All liens attached to the property, other than liens for	193
real property taxes, are those of the plaintiff.	194

(3) The owner did not answer or otherwise respond to the	195
clerk's summons and complaint in accordance with the Rules of	196
Civil Procedure.	197

(B)(1) Upon receiving a motion for a default judgment	198
accompanied by a request for the additional relief of a transfer	199
in lieu of sale and in lieu of a right to a deficiency judgment	200
that meets the requirements of division (A) of this section, a	201
court immediately shall provide written notice to the owner of	202
that motion and request for additional relief. In that notice, the	203
court shall order the owner to show cause why the court should not	204
enter a default judgment and transfer the property directly and	205
immediately to the plaintiff in lieu of sale and in lieu of a	206
right to a deficiency judgment. An owner shall show cause within	207
thirty days of the court's order or shall be deemed to not oppose	208
the default judgment and transfer of the property to the	209
plaintiff.	210

(2) When a court grants a request for a transfer in lieu of	211
sale and in lieu of a right to a deficiency judgment pursuant to	212
this section, the plaintiff shall provide the information section	213
2329.271 of the Revised Code requires as if the plaintiff were the	214
successful purchaser at sale, and the officer who would have made	215
the sale shall prepare the deed as section 2329.31 of the Revised	216
Code requires. The court shall confirm the transfer in lieu of	217
sale and in lieu of a right to a deficiency judgment in the same	218
manner as the court confirms sales under section 2329.31 of the	219
Revised Code. Such transfer shall be deemed a release of the	220
owner's liability on the underlying debt to the plaintiff, and the	221
value of the property shall be deemed to equal the amount of the	222
underlying debt.	223

Sec. 2308.05. (A)(1) The plaintiff and any other lienholder,	224
within sixty days after receiving the clerk's notice of the filing	225
of the judgment of foreclosure under division (G) of section	226
2329.02 of the Revised Code, shall file for a writ of execution of	227
a judgment in a residential mortgage foreclosure action or show	228
cause for not filing. A lienholder other than the primary	229
lienholder shall file for a contingent writ of execution or show	230
cause why a contingent writ is not being sought within that same	231
sixty-day period. The court shall issue an order accordingly to	232
the owner, the plaintiff, and any other lienholder who appeared in	233
the action stating that, during that same sixty-day period, the	234
owner, the plaintiff, and any other lienholder may show cause why	235
that property should not be deemed abandoned and transferred	236
pursuant to section 2308.06 of the Revised Code. A party may	237
assert any reason that the property should not be deemed	238
abandoned, including those listed under Rule 60 of the Rules of	239
Civil Procedure.	240

(2) A plaintiff or other lienholder who fails to file for a	241
writ of execution as this section requires and who does not show	242
cause for that failure or why the property should not be deemed	243
abandoned and transferred, and an owner who fails to show cause	244
for why that property should not be deemed abandoned and	245
transferred, shall be deemed to have abandoned all interest in the	246
property and to any right of redemption. Any party who is deemed	247
to have abandoned the property is barred from seeking another	248
judgment on that property or making any claim against the	249
property, and shall not receive any proceeds from a sale of the	250
property.	251

(3) The court shall vacate any order of abandonment if the	252
plaintiff or other lienholder files a motion under Rule 60 of the	253
Rules of Civil Procedure, establishing that its failure was due to	254
mistake or inadvertence, or other good cause shown.	255

(4) If the plaintiff, all other lienholders, and the owner	256
are deemed to have abandoned the property, the property shall be	257
transferred pursuant to section 2308.06 of the Revised Code sixty	258
days after the court enters the order of abandonment, unless a	259
motion to vacate the order has been filed prior to that date. If	260
the motion is denied, the property shall be transferred in	261
accordance with this division.	262

(5) When a property is deemed abandoned pursuant to this	263
section, the rights of the plaintiff and other lienholders to seek	264
to collect the debts through other means or against assets other	265
than the real property which is the subject of the foreclosure	266
action remain unaffected. Any right to collect any such debt or	267
deficiency thereon remains unenforceable after the expiration of	268
two years after the date of transfer of the property.	269

(B) Upon receiving a filing for a writ of execution from the	270
plaintiff, the clerk shall issue the writ of execution pursuant to	271
section 2329.091 of the Revised Code.	272

(C) At its discretion, the court may extend the time period	273
this section establishes for filing for a writ of execution or	274
issuing that writ if the plaintiff and the owner in the action so	275
request, for any reason that the court considers appropriate.	276

(D) Notwithstanding sections 2329.09 and 2329.091 of the	277
Revised Code, a court may for good cause stay the issuance or	278
enforcement of a writ of execution if the owner and the plaintiff,	279
along with all other lienholders, enter into a forbearance or loan	280
modification agreement that allows the owner to make payments over	281
a specified period of time and that agreement is filed with the	282
court. The stay shall be effective so long as all of the parties	283
to the agreement comply with the terms of the agreement.	284

(E) No plaintiff or other lienholder may withdraw or dismiss	285
a petition for a writ of execution or an order of sale unless the	286
plaintiff or the owner requests such a dismissal and shows good	287
cause for that dismissal.	288

Sec. 2308.06. (A) Notwithstanding any other provision of the	289
Revised Code, a property upon which a residential mortgage	290
foreclosure action has been filed shall be deemed abandoned and is	291
subject to transfer under this section if either of the following	292
occur:	293

(1) The plaintiff, all other lienholders, and the owner are	294
deemed to have abandoned rights to the property under section	295
2308.05 of the Revised Code and no party showed cause sufficient	296
to the court as to why the property should not be deemed	297
abandoned.	298

(2) The officer making the sale has advertised the sale three	299
times and held three auctions on the property as described in	300
division (B) of section 2329.52 of the Revised Code, and at those	301
auctions no person placed a bid.	302

(B) The title of a property deemed abandoned pursuant to this	303
section vests without further action in the board of county	304
commissioners in the county where the property is located. The	305
clerk shall issue a notice of that vesting to the board of county	306
commissioners. The county prosecuting attorney shall prepare a	307
deed that contains the names of the parties to the judgment and	308
the owners of the foreclosed property, a reference to the volume	309
and page of the recording of the recorded instrument by or through	310
which the board of county commissioners claims title, the date and	311
the amount of the judgment, and the date on which the owner and	312
each lienholder is deemed to have abandoned the property. The	313
board of county commissioners shall record the deed within	314
fourteen business days after the latest date on which an owner and	315
any lienholder is deemed to have abandoned the property.	316

(C) The board of county commissioners may dispose of property	317
acquired under this section pursuant to rules it adopts. The rules	318
shall specify that the board shall place the property in the	319
county's land bank if the county has a land bank. If the county	320
does not have a land bank, the board shall dispose of the property	321
at its discretion.	322

(D) No board of county commissioners shall be liable for	323
damages arising from a breach, or subject to equitable remedies	324
for a breach of common law duty, or for violation of sections	325
3737.87 to 3737.891 of the Revised Code or Chapter 3704., 3734.,	326
3745., 3746., 3750., 3751., 3752., 6101., or 6111. of the Revised	327
Code or any rule adopted or order, permit, license, variance, or	328
plan approval issued under any of those chapters that is or was	329
committed by another person in connection with a property the	330
board of county commissioners acquires pursuant to this section.	331

Sec. 2308.07.  (A) No plaintiff or other lienholder in a	332
residential mortgage foreclosure action may file a motion to	333
dismiss or vacate the judgment, the writ of execution, the order	334
of sale, the sale, or the confirmation of the sale, and no court	335
shall accept such a motion unless for good cause shown.	336

(B) In any residential mortgage foreclosure action in which a	337
plaintiff and an owner enter into a workout agreement or loan	338
modification, the court shall stay the foreclosure action at any	339
time prior to the sale upon the filing of a motion and affidavit	340
indicating that the plaintiff and owner have entered into a	341
workout agreement or loan modification. If at any time the	342
plaintiff notifies the court that the owner did not make payments	343
as agreed, the court shall notify the owner that it will resume	344
the foreclosure action.	345

Sec. 2308.08.  (A) A lender who holds a mortgage on a	346
residential property may document a good faith belief that the	347
owner has abandoned the property. Documentation may include, but	348
is not limited to, a record of any of the following:	349

(1) Contacting or attempting to contact the owner by	350
telephone at any number available to the lender, including	351
landline and any means of wireless communication, to determine	352
whether the owner has abandoned the property;	353

(2) Contacting or attempting to contact the owner by regular	354
or electronic mail to determine whether the owner has abandoned	355
the property;	356

(3) Photographing the property from its exterior to	357
demonstrate signs of neglect or abandonment.	358

(B) Unless otherwise prohibited by the mortgage contract or a	359
specific provision of law, a lender who has documented a good	360
faith belief that a property on which the lender holds a mortgage	361
is abandoned may enter that property to secure and protect it from	362
damage any time after the lender has filed a residential mortgage	363
foreclosure action on that property.	364

(C) A lender who has not filed a residential mortgage	365
foreclosure action on a property for which the lender holds a	366
mortgage may enter and secure that property only if the mortgage	367
contract or other documents provide for such an entry.	368

(D) During the five-year period following the effective date	369
of this section, a plaintiff in a residential mortgage foreclosure	370
action who has a good faith belief that the property is abandoned	371
may provide the court with documentation of a good faith belief	372
that the owner has abandoned the property and request the court to	373
deny the owner the equitable and statutory rights to redemption of	374
the mortgage on that property.	375

Sec. 2308.09.  A person who is an owner of residential	376
property who knowingly causes physical harm to that property after	377
the person has been personally served with a summons and complaint	378
in a residential mortgage foreclosure action relating to that	379
property is guilty of vandalism in violation of section 2909.05 of	380
the Revised Code.	381

Sec. 2323.07. (A)(1) When a mortgage is foreclosed or a	382
specific lien enforced, a sale of the property, or a transfer of	383
property pursuant to sections 323.28, 323.65 to 323.78, and	384
5721.19 of the Revised Code, shall be ordered by the court having	385
jurisdiction or the county board of revision with jurisdiction	386
pursuant to section 323.66 of the Revised Code.	387

(2) No specific lien may be enforced or suit brought on a	388
note on a residential property unless that action initially is	389
brought in a judicial foreclosure proceeding.	390

(B) When the real property to be sold is in one or more	391
tracts, the court may order the officer who makes the sale to	392
subdivide, appraise, and sell them in parcels, or sell any one of	393
the tracts as a whole.	394

(C) When the mortgaged property is situated in more than one	395
county, the court may order the sheriff or master of each county	396
to make sale of the property in the sheriff's or master's county,	397
or may direct one officer to sell the whole. When it consists of a	398
single tract, the court may direct that it be sold as one tract or	399
in separate parcels, and shall direct whether appraisers shall be	400
selected for each county or one set for all; and whether	401
publication of the sale shall be made in all the counties, or in	402
one county only.	403

Sec. 2329.01. (A) Lands and tenements, including vested	404
legal interests therein, permanent leasehold estates renewable	405
forever, and goods and chattels, not exempt by law, shall be	406
subject to the payment of debts, and liable to be taken on	407
execution and sold as provided in sections 2329.02 to 2329.61,	408
inclusive, of the Revised Code.	409

(B) As used in sections 2329.02 to 2329.61 of the Revised	410
Code, "residential mortgage" and "residential property" have the	411
same meanings as in section 2308.01 of the Revised Code.	412

Sec. 2329.02. (A) Any judgment or decree rendered by any	413
court of general jurisdiction, including district courts of the	414
United States, within this state shall be a lien upon lands and	415
tenements of each judgment debtor within any county of this state	416
from the time there is filed in the office of the clerk of the	417
court of common pleas of such county a certificate of such	418
judgment, setting forth the court in which the same was rendered,	419
the title and number of the action, the names of the judgment	420
creditors and judgment debtors, the amount of the judgment and	421
costs, the rate of interest, if the judgment provides for	422
interest, and the date from which such interest accrues, the date	423
of rendition of the judgment, and the volume and page of the	424
journal entry thereof.	425

(B) No such judgment or decree shall be a lien upon any	426
lands, whether or not situated within the county in which such	427
judgment is rendered, registered under sections 5309.02 to	428
5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the	429
Revised Code, until a certificate under the hand and official seal	430
of the clerk of the court in which the same is entered or of	431
record, stating the date and purport of the judgment, giving the	432
number of the case, the full names of the parties, plaintiff and	433
defendant, and the volume and page of the journal or record in	434
which it is entered, or a certified copy of such judgment, stating	435
such facts, is filed and noted in the office of the county	436
recorder of the county in which the land is situated, and a	437
memorial of the same is entered upon the register of the last	438
certificate of title to the land to be affected.	439

Such certificate shall be made by the clerk of the court in	440
which the judgment was rendered, under the seal of said court,	441
upon the order of any person in whose favor such judgment was	442
rendered or upon the order of any person claiming under hima	443
person in whose favor such judgment was rendered, and shall be	444
delivered to the party so ordering the same; and the fee therefor	445
shall be taxed in the costs of the action.	446

(C) When any such certificate is delivered to the clerk of	447
the court of common pleas of any county in this state, the same	448
shall be filed by such clerk, and hethe clerk shall docket and	449
index it under the names of the judgment creditors and the	450
judgment debtors in a judgment docket, which shall show as to each	451
judgment all of the matters set forth in such certificate as	452
required by this section. The fee for such filing, docketing, and	453
indexing shall be taxed as increased costs of such judgment upon	454
such judgment docket and shall be included in the lien of the	455
judgment.	456

(D) When the clerk of any court, other than that rendering	457
the judgment, in whose office any such certificate is filed, has	458
docketed and indexed the same, hethe clerk shall indorse upon	459
such certificate the fact of such filing with the date thereof and	460
the volume and page of the docket entry of such certificate and	461
shall return the same so indorsed to the clerk of the court in	462
which the judgment was rendered, who shall note upon the original	463
docket the fact of the filing of said certificate, showing the	464
county in which the same was filed and the date of such filing.	465
When such certificate is filed, docketed, and indexed in the	466
office of the clerk of the court which rendered the judgment, such	467
clerk shall likewise indorse the certificate and make like	468
notation upon the original docket.	469

Each such judgment shall be deemed to have been rendered in	470
the county in which is kept the journal of the court rendering the	471
same, in which journal such judgment is entered.	472

(E) Certificates or certified copies of judgments or decrees	473
of any courts of general jurisdiction, including district courts	474
of the United States, within this state, may be filed, registered,	475
noted, and memorials thereof entered, in the office of the	476
recorder of any county in which is situated land registered under	477
sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21,	478
inclusive, of the Revised Code, for the purpose of making such	479
judgments liens upon such registered land.	480

(F) Notwithstanding any other provision of the Revised Code,	481
any judgment issued in a court of record may be transferred to any	482
other court of record. Any proceedings for collection may be had	483
on such judgment the same as if it had been issued by the	484
transferee court.	485

(G) When a clerk files a judgment of foreclosure in a	486
residential mortgage foreclosure action, the clerk shall provide	487
notice of that filing to the judgment debtor, the judgment	488
creditor, and any lienholder who has appeared in the action. The	489
notice shall include information with respect to the requirements	490
of section 2308.05 of the Revised Code and the consequences of a	491
failure to comply with that section.	492

Sec. 2329.09. (A) The writ of execution against the property	493
of a judgment debtor issuing from a court of record shall command	494
the officer to whom it is directed to levy on the goods and	495
chattels of the debtor. If no goods or chattels can be found, the	496
officer shall levy on the lands and tenements of the debtor. If	497
the court rendering the judgment or decree so orders, real estate	498
may be sold under execution as follows: one third cash on the day	499
of sale, one third in one year, one third in two years thereafter,	500
with interest on deferred payments, to be secured by mortgage on	501
the premises so sold. An execution on a judgment rendered against	502
a partnership firm by its firm name shall operate only on the	503
partnership property. The exact amount of the debt, damages, and	504
costs, for which the judgment is entered, shall be indorsed on the	505
execution.	506

(B) On any order of sale that the clerk delivers to the	507
officer making the sale in a residential mortgage foreclosure	508
action, the clerk shall include a notation that sets forth all of	509
the clerk's costs with respect to that foreclosure action and	510
sale. The clerk shall deliver a copy of the order of sale to the	511
attorney for the lienholder who filed for the writ of execution.	512

(C) Within fourteen days after receiving an order of sale	513
from the clerk, the officer making that sale shall set the date of	514
the sale.	515

Sec. 2329.191. (A) As used in this section, "title insurance	516
company" has the same meaning as in section 3953.01 of the Revised	517
Code.	518

(B) In every action demanding the judicial sale of	519
residential real estate consisting of one to four single-family	520
units, the party seeking that judicial sale shall file with the	521
clerk of the court of common pleas within fourteen days after	522
filing the pleadings requesting relief, together with the	523
complaint a preliminary judicial report on a form that is approved	524
by the department of insurance that is prepared and issued by a	525
duly licensed title insurance agent on behalf of a licensed title	526
insurance company or by a title insurance company that is	527
authorized by the department of insurance to transact business in	528
this state. The preliminary judicial report shall be effective	529
within thirty days prior to the filing of the complaint or other	530
pleading requesting a judicial sale and shall include at least all	531
of the following:	532

(1) A legal description of each parcel of real estate to be	533
sold at the judicial sale;	534

(2) The street address of the real estate or, if there is no	535
street address, the name of the street or road upon which the real	536
estate fronts together with the names of the streets or roads	537
immediately to the north and south or east and west of the real	538
estate;	539

(3) The county treasurer's permanent parcel number or other	540
tax identification number of the real estate;	541

(4) The name of the owners of record of the real estate to be	542
sold;	543

(5) A reference to the volume and page or instrument number	544
of the recording by which the owners acquired title to the real	545
estate;	546

(6) A description of the record title to the real estate;	547
however, easements, restrictions, setback lines, declarations,	548
conditions, covenants, reservations, and rights-of-way that were	549
filed for record prior to the lien being foreclosed are not	550
required to be included;	551

(7) The name and address of each lienholder and the name and	552
address of each lienholder's attorney, if any, as shown on the	553
recorded lien of the lienholder.	554

Prior to submitting any order or judgment entry to a court	555
that would order the sale of the residential real estate, the	556
party submitting the order or judgment entry shall file with the	557
clerk of the court of common pleas a final judicial report that	558
updates the state of the record title to that real estate from the	559
effective date of the preliminary judicial report through the date	560
of lis pendens and includes a copy of the court's docket for the	561
case. The cost of the title examination necessary for the	562
preparation of both the preliminary judicial report and the final	563
judicial report together with the premiums for those reports	564
computed as required by the department of insurance, based on the	565
fair market value of the real estate, or in the case of a	566
foreclosure, the principal balance of the mortgage or other lien	567
being foreclosed on or any other additional amount as may be	568
ordered by the court shall be taxed as costs in the case.	569

(C) In every action demanding the judicial sale of	570
residential real estate consisting of more than four single-family	571
units or of commercial real estate, the party seeking that	572
judicial sale shall file with the clerk of the court of common	573
pleas within fourteen days after filing the pleadings requesting	574
relieftogether with the complaint either a preliminary judicial	575
report or a commitment for an owner's fee policy of title	576
insurance on the form approved by the department of insurance that	577
is prepared and issued by a duly licensed title insurance agent on	578
behalf of a licensed title insurance company. Division (B) of this	579
section applies if the party seeking the judicial sale files a	580
preliminary judicial report. If the party seeking the judicial	581
sale files a commitment for an owner's fee policy of title	582
insurance, the commitment shall have an effective date within	583
fourteen days prior to the filing of the complaint or other	584
pleading requesting a judicial sale and shall contain at least all	585
of the information required in divisions (B)(1) to (7) of this	586
section. The commitment shall cover each parcel of real estate to	587
be sold, shall include the amount of the successful bid at the	588
judicial sale, shall show the purchaser at the judicial sale as	589
the proposed insured, and shall not expire until thirty days after	590
the recordation of the deed by the officer who makes the sale to	591
that purchaser. After the officer's return of the order of sale	592
and prior to the confirmation of the sale, the party requesting	593
the order of sale shall cause an invoice for the cost of the title	594
insurance policy, commitment cost related expenses, and	595
cancellation fees, if any, to be filed with the clerk of the court	596
of common pleas. The amount of the invoice shall be taxed as costs	597
in the case. The purchaser at the judicial sale may, by paying the	598
premium for the title insurance policy, obtain the issuance of	599
title insurance in accordance with the commitment.	600

Sec. 2329.20. NoExcept as otherwise provided in this	601
section or sections 2329.51 and 2329.52 of the Revised Code, no	602
tract of land shall be sold for less than two thirds of the value	603
returned in the inquest required by section 2329.17 of the Revised	604
Code; except that in. In all cases wherein which a junior	605
mortgage or other junior lien is sought to be enforced against	606
real estate by an order, judgment, or decree of court, subject to	607
a prior lien thereon, and such prior lien, and the claims or	608
obligations secured thereby, are unaffected by such order,	609
judgment, or decree, the court making such order, judgment, or	610
decree, may determine the minimum amount for which such real	611
estate may be sold, such minimum amount to be not less than two	612
thirds of the difference between the value of the real estate	613
appraised as provided in such section, and the amount remaining	614
unpaid on the claims or obligations secured by such prior lien.	615
The price at which a foreclosed residential property sells at a	616
sheriff's auction shall not be used as a basis for establishing	617
the market value of any other property.	618

Sec. 2329.26.  (A) Lands and tenements taken in execution	619
shall not be sold until all of the following occur:	620

(1)(a) Except as otherwise provided in division (A)(1)(b) of	621
this section, the judgment creditor who seeks the sale of the	622
lands and tenements or the judgment creditor's attorney does both	623
of the following:	624

(i) Causes a written notice of the date, time, and place of	625
the sale to be served in accordance with divisions (A) and (B) of	626
Civil Rule 5 upon the judgment debtor and upon each other party to	627
the action in which the judgment giving rise to the execution was	628
rendered;	629

(ii) At least seven calendar days prior to the date of the	630
sale, files with the clerk of the court that rendered the judgment	631
giving rise to the execution a copy of the written notice	632
described in division (A)(1)(a)(i) of this section with proof of	633
service endorsed on the copy in the form described in division (D)	634
of Civil Rule 5.	635

(b) Service of the written notice described in division	636
(A)(1)(a)(i) of this section is not required to be made upon any	637
party who is in default for failure to appear in the action in	638
which the judgment giving rise to the execution was rendered.	639

(2) The officer taking the lands and tenements gives public	640
notice of the date, time, and place of the sale. Notice for the	641
first attempt to sell the lands and tenements shall be given for	642
at least three weeks before the day of sale by advertisement in a	643
newspaper published in and of general circulation in the county.	644
The court ordering the sale may designate in the order of sale the	645
newspaper in which this public notice shall be published, and this	646
public notice is subject to division (A) of section 2329.27 of the	647
Revised Code. Notices of subsequent sales of the lands and	648
tenements may be made electronically on a web site the officer	649
maintains. The officer shall set the date for any subsequent sale	650
to be not later than thirty days following the immediate prior	651
attempt to sell.	652

(3) The officer taking the lands and tenements shall collect	653
collects the purchaser's information required by section 2329.271	654
of the Revised Code.	655

(B) The officer making the sale may accept a written bid from	656
a lienholder at any time prior to that sale. The public notice of	657
the sale may include notice of this opportunity to make a written	658
bid prior to the sale. The officer may, at the officer's	659
discretion, open the bidding at the amount of any written bid.	660

(C) If the purchaser at a sale is a lienholder, the officer	661
making the sale shall not charge the purchaser any deposit or	662
other fees prior to the time at which the purchase price is due	663
pursuant to division (B) of section 2329.31 of the Revised Code.	664

(D) If the purchaser at sale plans to assign the right to	665
purchase that property to another party, and that party will pay	666
the balance of the purchase price to the officer making the sale,	667
the assignment of the purchaser's bid may be made at any time	668
prior to the preparation of the deed, and notice of that	669
assignment may be filed with the officer at any time prior to the	670
preparation of the deed.	671

(E) A sale of lands and tenements taken in execution may be	672
set aside in accordance with division (B) of section 2329.27 of	673
the Revised Code.	674

Sec. 2329.31. (A) Upon(1) Except as otherwise provided in	675
division (A)(2) of this section, upon the return of any writ of	676
execution for the satisfaction of which lands and tenements have	677
been sold, on careful examination of the proceedings of the	678
officer making the sale, if the court of common pleas finds that	679
the sale was made, in all respects, in conformity with sections	680
2329.01 to 2329.61 of the Revised Code, it shall, within thirty	681
days of the return of the writ, direct the clerk of the court of	682
common pleas to make an entry on the journal that the court is	683
satisfied of the legality of such sale and that the attorney who	684
filed the writ of execution make to the purchaser a deed for the	685
lands and tenements. Nothing	686

(2) In any sale pursuant to a residential mortgage	687
foreclosure action, if the clerk of court receives no written	688
objection to that sale within seven days after the return to the	689
clerk of the writ of execution, on careful examination of the	690
proceedings of the officer making the sale, the court shall deem	691
that the sale is final and shall confirm that sale. The clerk	692
shall make an entry on the journal that the sale is deemed legal.	693

(3) Nothing in this section prevents the court of common	694
pleas from staying the confirmation of the sale to permit a	695
property owner time to redeem the property or for any other reason	696
that it determines is appropriate. In those instances, the sale	697
shall be confirmed within thirty days after the termination of any	698
stay of confirmation.	699

(B) The officer making the sale shall require the purchaser,	700
including a lienholder, to pay within thirty days ofafter the	701
confirmation of the sale the balanceamount due on the purchase	702
price of the lands and tenements unless the court grants the	703
purchaser an extension for good cause.	704

Sec. 2329.33.  In sales of real estate on execution or order	705
of sale, at any time before the confirmation thereof or, if a	706
residential foreclosure action, not later than sixty days	707
following the clerk's notice of the filing of the judgment, the	708
debtor may redeem it from sale by depositing in the hands of the	709
clerk of the court of common pleas to which such execution or	710
order is returnable, the amount of the judgment or decree upon	711
which such lands were sold, with all costs, including poundage,	712
and interest at the rate of eight per cent per annum on the	713
purchase money from the day of sale to the time of such deposit,	714
except where the judgment creditor is the purchaser, the interest	715
at such rate on the excess above histhe judgment creditor's	716
claim. The court of common pleas thereupon shall make an order	717
setting aside such sale, and apply the deposit to the payment of	718
such judgment or decree and costs, and award such interest to the	719
purchaser, who shall receive from the officer making the sale the	720
purchase money paid by himthe purchaser, and the interest from	721
the clerk. This section does not take away the power of the court	722
to set aside such sale for any reason for which it might have been	723
set aside prior to April 16, 1888.	724

Sec. 2329.36. (A) The attorney who files the writ of	725
execution shall, not later than seven days after the filing of	726
clerk files the order of confirmation of sale pursuant to section	727
2329.31 of the Revised Code, make to the purchaser a deed,	728
containing the names of the parties to the judgment, the names of	729
the owners of the property sold, a reference to the volume and	730
page of the recording of the next preceding recorded instrument by	731
or through which the owners claim title, the date and amount of	732
the judgment, the substance of the execution or order on which the	733
property was sold, the substance of the officer's return thereon,	734
and the order of confirmation and deliver the deed to the officer	735
who sold the real property. The deed shall be executed,	736
acknowledged, and recorded as other deeds. The officer or the	737
officer's legal representative may review and approve or reject	738
the deed for form and substance.	739

(B) By placing a bid at a sale conducted pursuant to this	740
chapter, the purchaser appoints the officer who makes the sale as	741
agent of the purchaser for the sole purpose of accepting delivery	742
of the deed described in division (A) of this section.	743

(C)(1) The officer who sells the real property, or the	744
officer's designee, shall record the deed, or for registered land	745
file the documents required by section 5309.64 of the Revised	746
Code, with the county recorder within fourteen business days of	747
after the later of the date the purchaser pays the balance due on	748
the purchase price of the lands and tenements or the date the	749
court confirms the sale. The officer shall charge the purchaser a	750
fee to cover the actual costs of preparing and recording the deed	751
or filing the documents.	752

(2) Notwithstanding division (C)(1) of this section, a	753
purchaser may deliver any remaining balance of the purchase price	754
to the officer making the sale, together with an affidavit stating	755
the purchaser will submit the deed for recording within seven days	756
after receipt of the deed. Upon receiving the remaining balance	757
and affidavit, the officer making the sale shall release the	758
unrecorded deed to the purchaser who shall submit that deed for	759
recording within the seven-day period and deliver evidence of the	760
same to the sheriff or face penalties for contempt of court. If	761
the purchaser fails to deliver evidence to the sheriff that the	762
deed has been submitted for recording with the seven-day period,	763
the sheriff shall notify the court and the court shall schedule	764
proceedings against the purchaser for contempt of court.	765

Sec. 2329.52. When(A) Except as otherwise provided in	766
division (B) of this section, when premises are ordered to be	767
sold, if said premises, or a part thereof, remain unsold for want	768
of bidders after having been once appraised, advertised, and	769
offered for sale, the court from which the order of sale issued	770
may, on motion of the plaintiff or defendant and from time to time	771
until said premises are disposed of, order a new appraisement and	772
sale or direct the amount for which said premises, or a part	773
thereof, may be sold.	774

The court may order that the premises be sold as follows: One	775
third cash in hand, one third in nine months from the day of sale,	776
and the remaining one third in eighteen months from the day of	777
sale, the deferred payments to draw interest at six per cent and	778
be secured by a mortgage on the premises.	779

(B) When a residential property is ordered to be sold	780
pursuant to a residential mortgage foreclosure action, if the	781
property remains unsold after the first auction with a minimum bid	782
of two-thirds of the appraised value as established pursuant to	783
section 2329.17 of the Revised Code, a second auction shall be	784
held with minimum bid set at two-thirds of the minimum bid	785
established for the first sale. If the property remains unsold	786
after the second auction, a third auction shall be held with a	787
minimum bid in an amount the court establishes at its discretion.	788
A property that remains unsold after three auctions shall be	789
deemed abandoned pursuant to section 2308.06 of the Revised Code	790
and is subject to transfer as provided in that section.	791

Sec. 2909.05.  (A) No person shall knowingly cause serious	792
physical harm to an occupied structure or any of its contents.	793

(B)(1) No person shall knowingly cause physical harm to	794
property that is owned or possessed by another, when either of the	795
following applies:	796

(a) The property is used by its owner or possessor in the	797
owner's or possessor's profession, business, trade, or occupation,	798
and the value of the property or the amount of physical harm	799
involved is five hundred dollars or more;	800

(b) Regardless of the value of the property or the amount of	801
damage done, the property or its equivalent is necessary in order	802
for its owner or possessor to engage in the owner's or possessor's	803
profession, business, trade, or occupation.	804

(2) No person shall knowingly cause serious physical harm to	805
property that is owned, leased, or controlled by a governmental	806
entity. A governmental entity includes, but is not limited to, the	807
state or a political subdivision of the state, a school district,	808
the board of trustees of a public library or public university, or	809
any other body corporate and politic responsible for governmental	810
activities only in geographical areas smaller than that of the	811
state.	812

(C) No person, without privilege to do so, shall knowingly	813
cause serious physical harm to any tomb, monument, gravestone, or	814
other similar structure that is used as a memorial for the dead;	815
to any fence, railing, curb, or other property that is used to	816
protect, enclose, or ornament any cemetery; or to a cemetery.	817

(D) No person, without privilege to do so, shall knowingly	818
cause physical harm to a place of burial by breaking and entering	819
into a tomb, crypt, casket, or other structure that is used as a	820
memorial for the dead or as an enclosure for the dead.	821

(E) No person who is an owner of a residential property shall	822
knowingly cause physical harm to that property after the person	823
has been personally served with a summons and complaint in a	824
residential mortgage foreclosure action relating to that property.	825

(F) Whoever violates this section is guilty of vandalism.	826
Except as otherwise provided in this division, vandalism is a	827
felony of the fifth degree that is punishable by a fine of up to	828
two thousand five hundred dollars in addition to the penalties	829
specified for a felony of the fifth degree in sections 2929.11 to	830
2929.18 of the Revised Code. If the value of the property or the	831
amount of physical harm involved is five thousand dollars or more	832
but less than one hundred thousand dollars, vandalism is a felony	833
of the fourth degree. If the value of the property or the amount	834
of physical harm involved is one hundred thousand dollars or more,	835
vandalism is a felony of the third degree.	836

(F)(G) For purposes of this section:

837

(1) "Cemetery" means any place of burial and includes burial	838
sites that contain American Indian burial objects placed with or	839
containing American Indian human remains.	840

(2) "Residential property" has the same meaning as in section	841
2308.01 of the Revised Code.	842

(3) "Serious physical harm" means physical harm to property	843
that results in loss to the value of the property of five hundred	844
dollars or more.	845

Sec. 5723.01.  (A)(1) Every tract of land and town lot,	846
which, pursuant to foreclosure proceedings under section 323.25,	847
sections 323.65 to 323.79, or section 5721.18 of the Revised Code,	848
has been advertised and offered for sale on two separate	849
occasions, not less than two weeks apart, and not sold for want of	850
bidders, shall be forfeited to the state or to a political	851
subdivision, school district, or county land reutilization	852
corporation pursuant to division (A)(3) of this section.	853

(2) The county prosecuting attorney shall certify to the	854
court that such tract of land or town lot has been twice offered	855
for sale and not sold for want of a bidder. Such forfeiture of	856
lands and town lots shall be effective when the court by entry	857
orders such lands and town lots forfeited to the state or to a	858
political subdivision, school district, or county land	859
reutilization corporation pursuant to division (A)(3) of this	860
section. A copy of such entry shall be certified to the county	861
auditor and, after the date of the certification, all the right,	862
title, claim, and interest of the former owner is transferred to	863
and vested in the state to be disposed of in compliance with this	864
chapter.	865

(3) After having been notified pursuant to division (A)(2) of	866
this section that the tract of land or town lot has been twice	867
offered for sale and not sold for want of bidders, the court shall	868
notify the political subdivision and school district in which the	869
property is located, and any county land reutilization corporation	870
in the county, and offer to forfeit the property to the political	871
subdivision, school district, or corporation, or to an electing	872
subdivision as defined in section 5722.01 of the Revised Code,	873
upon a petition from the political subdivision, school district,	874
or corporation. If no such petition is filed with the court within	875
ten days after notification by the court, the court shall forfeit	876
the property to the state. If a political subdivision, school	877
district, or corporation requests through a petition to receive	878
the property through forfeiture, the forfeiture of land and town	879
lots is effective when, by entry, the court orders such lands and	880
town lots forfeited to the political subdivision, school district,	881
or corporation. The court shall certify a copy of the entry to the	882
county auditor and, after the date of certification, all the	883
right, title, claim, and interest of the former owner is	884
transferred to and vested in the political subdivision, school	885
district, or corporationthe county auditor shall promptly	886
transfer to such political subdivision, school district, or	887
corporation, by auditor's deed, the fee simple title to the	888
property free and clear of all taxes, assessments, charges,	889
penalties, interest, and costs. Any subordinate liens shall be	890
deemed fully and forever satisfied and discharged and the property	891
shall be deemed sold by the state for no consideration. The	892
political subdivision, school district, or corporation shall file	893
the deed for recording.	894

(B) Every parcel against which a judgment of foreclosure and	895
forfeiture is made in accordance with section 5721.16 of the	896
Revised Code is forfeited to the state on the date the court	897
enters a finding under that section. After that date, all the	898
right, title, claim, and interest of the former owner is	899
transferred to the state to be disposed of in compliance with the	900
relevant provisions of this chapter.	901

Section 2. That existing sections 323.47, 2303.20, 2323.07,	902
2329.01, 2329.02, 2329.09, 2329.191, 2329.20, 2329.26, 2329.31,	903
2329.33, 2329.36, 2329.52, 2909.05, and 5723.01 of the Revised	904
Code are hereby repealed.	905