Section 1. That sections 1901.18, 1901.185, 2329.01, | 9 |
2329.02, 2329.20, 2329.33, 2329.52, and 2909.05 be amended and | 10 |
sections 2308.01, 2308.02, 2308.03, 2308.04, 2308.05, 3767.51, | 11 |
3767.52, 3767.53, 3767.54, 3767.55, and 3767.56 of the Revised | 12 |
Code be enacted to read as follows: | 13 |
(3) In any action at law based on contract, to determine, | 25 |
preserve, and enforce all legal and equitable rights involved in | 26 |
the contract, to decree an accounting, reformation, or | 27 |
cancellation of the contract, and to hear and determine all legal | 28 |
and equitable remedies necessary or proper for a complete | 29 |
determination of the rights of the parties to the contract; | 30 |
(1) In all actions and proceedings for the sale of real | 73 |
property under lien of a judgment of the municipal court or a lien | 74 |
for machinery, material, or fuel furnished or labor performed, | 75 |
irrespective of amount, and, in those actions and proceedings, the | 76 |
court may proceed to foreclose and marshal all liens and all | 77 |
vested or contingent rights, to appoint a receiver, and to render | 78 |
personal judgment irrespective of amount in favor of any party. | 79 |
(2) In all actions for the foreclosure of a mortgage on real | 80 |
property given to secure the payment of money or the enforcement | 81 |
of a specific lien for money or other encumbrance or charge on | 82 |
real property, when the amount claimed by the plaintiff does not | 83 |
exceed fifteen thousand dollars and the real property is situated | 84 |
within the territory, and, in those actions, the court may proceed | 85 |
to foreclose all liens and all vested and contingent rights and | 86 |
may proceed to render judgments and make findings and orders | 87 |
between the parties in the same manner and to the same extent as | 88 |
in similar actions in the court of common pleas. | 89 |
(4) In all actions for injunction to prevent or terminate | 93 |
violations of the ordinances and regulations of the city of | 94 |
Cleveland or Toledo enacted or promulgated under the police power | 95 |
of the city of Cleveland or Toledo, pursuant to Section 3 of | 96 |
Article XVIII, Ohio Constitution, over which the court of common | 97 |
pleas has or may have jurisdiction, and, in those actions, the | 98 |
court may proceed to render judgments and make findings and orders | 99 |
in the same manner and to the same extent as in similar actions in | 100 |
the court of common pleas. | 101 |
(B)(2) When in aid of execution of a judgment of the | 111 |
environmental division of the municipal court rendered pursuant to | 112 |
section 3767.50 of the Revised Code, in actions for the | 113 |
foreclosure of a mortgage on real property given to secure the | 114 |
payment of money, or the enforcement of a specific lien for money | 115 |
or other encumbrance or charge on real property, when the real | 116 |
property is situated within the territory, to foreclose all liens | 117 |
and all vested and contingent rights, render judgments, and make | 118 |
findings and orders, between the parties, in the same manner and | 119 |
to the same extent as in similar cases in the court of common | 120 |
pleas. | 121 |
(B) In addition to jurisdiction otherwise granted in this | 122 |
chapter, the housing or environmental division, where established, | 123 |
of the municipal court shall have jurisdiction within its | 124 |
territory to exercise exclusive original jurisdiction to hear | 125 |
actions arising under section 3767.52 of the Revised Code and in | 126 |
those actions to make findings and orders pertaining to | 127 |
unoccupied, blighted parcels pursuant to sections 3767.52 and | 128 |
3767.53 of the Revised Code. | 129 |
(B) "Residential property" means real property located within | 134 |
this state consisting of land and a structure on that land | 135 |
containing four or fewer dwelling units, each of which is intended | 136 |
for occupancy by a separate household. "Residential property" | 137 |
includes a residential condominium unit owned by an individual, | 138 |
notwithstanding the number of units in the structure, and a | 139 |
manufactured or mobile home that is subject to real property taxes | 140 |
under section 4503.06 of the Revised Code. | 141 |
Sec. 2308.02. (A)(1) The plaintiff and any other lienholder, | 142 |
within sixty days after receiving the clerk's notice of the filing | 143 |
of a judgment of foreclosure under division (G) of section 2329.02 | 144 |
of the Revised Code, shall file for a writ of execution of a | 145 |
judgment in a residential mortgage foreclosure action or show | 146 |
cause for not filing. A lienholder other than the primary | 147 |
lienholder shall file for a contingent writ of execution or show | 148 |
cause why a contingent writ is not being sought within that same | 149 |
sixty-day period. The court shall issue an order accordingly to | 150 |
the owner, the plaintiff, and any other lienholder who appeared in | 151 |
the action stating that, during that same sixty-day period, the | 152 |
owner, the plaintiff, and any other lienholder may show cause why | 153 |
that property should not be deemed abandoned and transferred | 154 |
pursuant to section 2308.03 of the Revised Code. A party may | 155 |
assert any reason that the property should not be deemed | 156 |
abandoned, including those listed under Rule 60 of the Rules of | 157 |
Civil Procedure. | 158 |
(2) A plaintiff or other lienholder who fails to file for a | 159 |
writ of execution as this section requires and who does not show | 160 |
cause for that failure or why the property should not be deemed | 161 |
abandoned and transferred, and an owner who fails to show cause | 162 |
for why that property should not be deemed abandoned and | 163 |
transferred, shall be deemed to have abandoned all interest in the | 164 |
property and to any right of redemption. Any party who is deemed | 165 |
to have abandoned the property is barred from seeking another | 166 |
judgment on that property or making any claim against the | 167 |
property, and shall not receive any proceeds from a sale of the | 168 |
property. | 169 |
(4) If the plaintiff, all other lienholders, and the owner | 174 |
are deemed to have abandoned the property, the property shall be | 175 |
transferred pursuant to section 2308.03 of the Revised Code sixty | 176 |
days after the court enters the order of abandonment, unless a | 177 |
motion to vacate the order has been filed prior to that date. If | 178 |
the motion is denied, the property shall be transferred in | 179 |
accordance with this division. | 180 |
(D) Notwithstanding sections 2329.09 and 2329.091 of the | 195 |
Revised Code, a court may for good cause stay the issuance or | 196 |
enforcement of a writ of execution if the owner and the plaintiff, | 197 |
along with all other lienholders, enter into a forbearance or loan | 198 |
modification agreement that allows the owner to make payments over | 199 |
a specified period of time and that agreement is filed with the | 200 |
court. The stay shall be effective so long as all of the parties | 201 |
to the agreement comply with the terms of the agreement. | 202 |
(B) The title of a property deemed abandoned pursuant to this | 221 |
section vests without further action in the board of county | 222 |
commissioners in the county where the property is located. The | 223 |
clerk shall issue a notice of that vesting to the board of county | 224 |
commissioners. The county prosecuting attorney shall prepare a | 225 |
deed that contains the names of the parties to the judgment and | 226 |
the owners of the foreclosed property, a reference to the volume | 227 |
and page of the recording of the recorded instrument by or through | 228 |
which the board of county commissioners claims title, the date and | 229 |
the amount of the judgment, and the date on which the owner and | 230 |
each lienholder is deemed to have abandoned the property. The | 231 |
board of county commissioners shall record the deed within | 232 |
fourteen business days after the latest date on which an owner and | 233 |
any lienholder is deemed to have abandoned the property. | 234 |
(D) No board of county commissioners shall be liable for | 241 |
damages arising from a breach, or subject to equitable remedies | 242 |
for a breach of common law duty, or for violation of sections | 243 |
3737.87 to 3737.891 of the Revised Code or Chapter 3704., 3734., | 244 |
3745., 3746., 3750., 3751., 3752., 6101., or 6111. of the Revised | 245 |
Code or any rule adopted or order, permit, license, variance, or | 246 |
plan approval issued under any of those chapters that is or was | 247 |
committed by another person in connection with a property the | 248 |
board of county commissioners acquires pursuant to this section. | 249 |
Sec. 2329.01. (A) Lands and tenements, including vested | 286 |
legal interests therein, permanent leasehold estates renewable | 287 |
forever, and goods and chattels, not exempt by law, shall be | 288 |
subject to the payment of debts, and liable to be taken on | 289 |
execution and sold as provided in sections 2329.02 to 2329.61, | 290 |
inclusive, of the Revised Code. | 291 |
Sec. 2329.02. (A) Any judgment or decree rendered by any | 295 |
court of general jurisdiction, including district courts of the | 296 |
United States, within this state shall be a lien upon lands and | 297 |
tenements of each judgment debtor within any county of this state | 298 |
from the time there is filed in the office of the clerk of the | 299 |
court of common pleas of such county a certificate of such | 300 |
judgment, setting forth the court in which the same was rendered, | 301 |
the title and number of the action, the names of the judgment | 302 |
creditors and judgment debtors, the amount of the judgment and | 303 |
costs, the rate of interest, if the judgment provides for | 304 |
interest, and the date from which such interest accrues, the date | 305 |
of rendition of the judgment, and the volume and page of the | 306 |
journal entry thereof. | 307 |
(B) No such judgment or decree shall be a lien upon any | 308 |
lands, whether or not situated within the county in which such | 309 |
judgment is rendered, registered under sections 5309.02 to | 310 |
5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the | 311 |
Revised Code, until a certificate under the hand and official seal | 312 |
of the clerk of the court in which the same is entered or of | 313 |
record, stating the date and purport of the judgment, giving the | 314 |
number of the case, the full names of the parties, plaintiff and | 315 |
defendant, and the volume and page of the journal or record in | 316 |
which it is entered, or a certified copy of such judgment, stating | 317 |
such facts, is filed and noted in the office of the county | 318 |
recorder of the county in which the land is situated, and a | 319 |
memorial of the same is entered upon the register of the last | 320 |
certificate of title to the land to be affected. | 321 |
Such certificate shall be made by the clerk of the court in | 322 |
which the judgment was rendered, under the seal of said court, | 323 |
upon the order of any person in whose favor such judgment was | 324 |
rendered or upon the order of any person claiming under hima | 325 |
person in whose favor such judgment was rendered, and shall be | 326 |
delivered to the party so ordering the same; and the fee therefor | 327 |
shall be taxed in the costs of the action. | 328 |
(C) When any such certificate is delivered to the clerk of | 329 |
the court of common pleas of any county in this state, the same | 330 |
shall be filed by such clerk, and
hethe clerk shall docket and | 331 |
index it under the names of the judgment creditors and the | 332 |
judgment debtors in a judgment docket, which shall show as to each | 333 |
judgment all of the matters set forth in such certificate as | 334 |
required by this section. The fee for such filing, docketing, and | 335 |
indexing shall be taxed as increased costs of such judgment upon | 336 |
such judgment docket and shall be included in the lien of the | 337 |
judgment. | 338 |
(D) When the clerk of any court, other than that rendering | 339 |
the judgment, in whose office any such certificate is filed, has | 340 |
docketed and indexed the same,
hethe clerk shall indorse upon | 341 |
such certificate the fact of such filing with the date thereof and | 342 |
the volume and page of the docket entry of such certificate and | 343 |
shall return the same so indorsed to the clerk of the court in | 344 |
which the judgment was rendered, who shall note upon the original | 345 |
docket the fact of the filing of said certificate, showing the | 346 |
county in which the same was filed and the date of such filing. | 347 |
When such certificate is filed, docketed, and indexed in the | 348 |
office of the clerk of the court which rendered the judgment, such | 349 |
clerk shall likewise indorse the certificate and make like | 350 |
notation upon the original docket. | 351 |
(E) Certificates or certified copies of judgments or decrees | 355 |
of any courts of general jurisdiction, including district courts | 356 |
of the United States, within this state, may be filed, registered, | 357 |
noted, and memorials thereof entered, in the office of the | 358 |
recorder of any county in which is situated land registered under | 359 |
sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21, | 360 |
inclusive, of the Revised Code, for the purpose of making such | 361 |
judgments liens upon such registered land. | 362 |
(G) When a clerk files a judgment of foreclosure in a | 368 |
residential mortgage foreclosure action, the clerk shall provide | 369 |
notice of that filing to the judgment debtor, the judgment | 370 |
creditor, and any lienholder who has appeared in the action. The | 371 |
notice shall include information with respect to the requirements | 372 |
of section 2308.02 of the Revised Code and the consequences of a | 373 |
failure to comply with that section. | 374 |
Sec. 2329.20. NoExcept as otherwise provided in this | 375 |
section or sections 2329.51 and 2329.52 of the Revised Code, no | 376 |
tract of land shall be sold for less than two thirds of the value | 377 |
returned in the inquest required by section 2329.17 of the Revised | 378 |
Code; except that in. In all cases wherein which a junior | 379 |
mortgage or other junior lien is sought to be enforced against | 380 |
real estate by an order, judgment, or decree of court, subject to | 381 |
a prior lien thereon, and such prior lien, and the claims or | 382 |
obligations secured thereby, are unaffected by such order, | 383 |
judgment, or decree, the court making such order, judgment, or | 384 |
decree, may determine the minimum amount for which such real | 385 |
estate may be sold, such minimum amount to be not less than two | 386 |
thirds of the difference between the value of the real estate | 387 |
appraised as provided in such section, and the amount remaining | 388 |
unpaid on the claims or obligations secured by such prior lien. | 389 |
The price at which a foreclosed residential property sells at a | 390 |
sheriff's auction shall not be used as a basis for establishing | 391 |
the market value of any other property. | 392 |
Sec. 2329.33. InExcept as provided in section 2308.02 or | 393 |
any other section of the Revised Code, in sales of real estate on | 394 |
execution or order of sale, at any time before the confirmation | 395 |
thereof, the debtor may redeem it from sale by depositing in the | 396 |
hands of the clerk of the court of common pleas to which such | 397 |
execution or order is returnable, the amount of the judgment or | 398 |
decree upon which such lands were sold, with all costs, including | 399 |
poundage, and interest at the rate of eight per cent per annum on | 400 |
the purchase money from the day of sale to the time of such | 401 |
deposit, except where the judgment creditor is the purchaser, the | 402 |
interest at such rate on the excess above histhe judgment | 403 |
creditor's claim. The court of common pleas thereupon shall make | 404 |
an order setting aside such sale, and apply the deposit to the | 405 |
payment of such judgment or decree and costs, and award such | 406 |
interest to the purchaser, who shall receive from the officer | 407 |
making the sale the purchase money paid by himthe purchaser, and | 408 |
the interest from the clerk. This section does not take away the | 409 |
power of the court to set aside such sale for any reason for which | 410 |
it might have been set aside prior to April 16, 1888.
| 411 |
Sec. 2329.52. When(A) Except as otherwise provided in | 412 |
division (B) of this section, when premises are ordered to be | 413 |
sold, if said premises, or a part thereof, remain unsold for want | 414 |
of bidders after having been once appraised, advertised, and | 415 |
offered for sale, the court from which the order of sale issued | 416 |
may, on motion of the plaintiff or defendant and from time to time | 417 |
until said premises are disposed of, order a new appraisement and | 418 |
sale or direct the amount for which said premises, or a part | 419 |
thereof, may be sold. | 420 |
(B) When a residential property is ordered to be sold | 426 |
pursuant to a residential mortgage foreclosure action, if the | 427 |
property remains unsold after the first auction with a minimum bid | 428 |
of two-thirds of the appraised value as established pursuant to | 429 |
section 2329.17 of the Revised Code, a second auction shall be | 430 |
held with no set minimum bid, and the residential property shall | 431 |
be sold to the highest bidder. A residential property that remains | 432 |
unsold after two auctions shall be deemed abandoned pursuant to | 433 |
section 2308.03 of the Revised Code and is subject to transfer as | 434 |
provided in that section. | 435 |
(2) No person shall knowingly cause serious physical harm to | 449 |
property that is owned, leased, or controlled by a governmental | 450 |
entity. A governmental entity includes, but is not limited to, the | 451 |
state or a political subdivision of the state, a school district, | 452 |
the board of trustees of a public library or public university, or | 453 |
any other body corporate and politic responsible for governmental | 454 |
activities only in geographical areas smaller than that of the | 455 |
state. | 456 |
(C) No person, without privilege to do so, shall knowingly | 457 |
cause serious physical harm to any tomb, monument, gravestone, or | 458 |
other similar structure that is used as a memorial for the dead; | 459 |
to any fence, railing, curb, or other property that is used to | 460 |
protect, enclose, or ornament any cemetery; or to a cemetery. | 461 |
(F) Whoever violates this section is guilty of vandalism. | 470 |
Except as otherwise provided in this division, vandalism is a | 471 |
felony of the fifth degree that is punishable by a fine of up to | 472 |
two thousand five hundred dollars in addition to the penalties | 473 |
specified for a felony of the fifth degree in sections 2929.11 to | 474 |
2929.18 of the Revised Code. If the value of the property or the | 475 |
amount of physical harm involved is seven thousand five hundred | 476 |
dollars or more but less than one hundred fifty thousand dollars, | 477 |
vandalism is a felony of the fourth degree. If the value of the | 478 |
property or the amount of physical harm involved is one hundred | 479 |
fifty thousand dollars or more, vandalism is a felony of the third | 480 |
degree. | 481 |
(C)(1) A person who receives the complaint and notice | 528 |
described in division (B) of this section shall have sixty days | 529 |
after the service to certify to the court that the person will | 530 |
remediate the conditions of the property constituting blight. A | 531 |
person wishing to certify remediation shall propose to the court a | 532 |
period of time within which the person will remediate the | 533 |
conditions constituting blight. The court may approve or | 534 |
disapprove a certification of remediation. If the court approves | 535 |
the certification, the court shall stay the action until the | 536 |
period of time for remediation has elapsed. If the court | 537 |
disapproves the certification due to a proposal of an unreasonable | 538 |
period of time for remediation, the court shall establish a | 539 |
reasonable period of time within which the person shall remediate | 540 |
the conditions constituting blight. The person shall accept or | 541 |
reject the court's proposed period of time for remediation. If the | 542 |
person accepts the court's proposed period of time for | 543 |
remediation, the person shall certify that it will remediate the | 544 |
conditions constituting blight, and the court shall approve the | 545 |
certification. If the person rejects the court's proposed period | 546 |
of time for remediation, the court shall proceed as if no | 547 |
certification was made. | 548 |
(2) If a lienholder or interested person certifies that it | 554 |
will remediate the conditions constituting blight but does not do | 555 |
so within the accepted period of time established pursuant to | 556 |
division (C)(1) of this section, or if no person makes a | 557 |
certification within the period of time stated in the notice | 558 |
described in division (B)(2) of this section, the lien or other | 559 |
interest of the persons in the property shall be extinguished but | 560 |
may be paid pursuant to division (D) of section 3767.54 of the | 561 |
Revised Code. The lienholder may still pursue payment of the debt | 562 |
represented by the lien, and a person may still seek recourse for | 563 |
the loss of other interest against the owner of the property if | 564 |
otherwise permitted by law. | 565 |
(D) If the court finds that the property was unoccupied at | 570 |
the time the complaint was filed and is a blighted parcel, and if | 571 |
no lienholder or other interested person has certified in | 572 |
accordance with division (C)(1) of this section that it will | 573 |
remediate the conditions constituting blight or if such a person | 574 |
certifies that it will remediate the blight but fails to timely do | 575 |
so, the court shall order the owner to remediate the conditions | 576 |
constituting blight within a specified period of time. If the | 577 |
blight is not remediated within this period of time, the court | 578 |
shall order the property sold pursuant to sections 3767.53 and | 579 |
3767.54 of the Revised Code. If the blight is remediated, the | 580 |
court shall dismiss the action. | 581 |
(B) If a court issues an order of sale pursuant to division | 610 |
(A) of this section, the court shall also issue an order that the | 611 |
successful qualified bidder at a sheriff's sale conducted pursuant | 612 |
to section 3767.54 of the Revised Code shall deposit with the | 613 |
municipal corporation that commenced the action under section | 614 |
3767.52 of the Revised Code a bond as security in the amount the | 615 |
municipal corporation determines necessary to remediate the | 616 |
conditions constituting the blight. | 617 |
(C) If a property that a housing or environmental division of | 618 |
a municipal court orders sold under this section remains unsold | 619 |
for want of qualified bidders, as defined in section 3767.54 of | 620 |
the Revised Code, after having been advertised and offered for | 621 |
sale in accordance with that section, the court may, on motion of | 622 |
the municipal corporation and from time to time until the property | 623 |
is sold, order a new sale. | 624 |
(B) As a condition of the sale of a property sold pursuant to | 650 |
this section, the winning qualified bidder shall deposit with the | 651 |
municipal corporation that commenced a cause of action under | 652 |
section 3767.52 of the Revised Code a bond in accordance with | 653 |
division (B) of section 3767.55 of the Revised Code. A property | 654 |
sold pursuant to this section shall be sold free and clear of all | 655 |
liens, including all taxes and assessments other than federal | 656 |
taxes, to the highest qualified bidder. | 657 |
Sec. 3767.56. (A) If the successful qualified bidder of a | 709 |
property sold under section 3767.54 of the Revised Code fails to | 710 |
remediate the conditions constituting blight of the property | 711 |
within eighteen months after the sale, the municipal corporation | 712 |
that commenced the cause of action under section 3767.52 of the | 713 |
Revised Code in relation to that property shall use the bond | 714 |
deposited with the municipal corporation by the bidder in | 715 |
accordance with division (B) of section 3767.55 to remediate the | 716 |
blight. | 717 |