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H. B. No. 269 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Huffman, Grossman, Uecker, Blair, Bubp, Harwood, Zehringer
A BILL
To amend section 2329.26 of the Revised Code to
authorize county sheriffs to advertise foreclosure
sales via a web site.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2329.26 of the Revised Code be
amended to read as follows:
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 of the
date, time, and place of
the sale 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;
(ii) At least seven calendar days
prior to the 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
(D)
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) The officer taking the lands and tenements
gives
public
notice of the date, time, and place of the
sale for
at least
three weeks before the day of sale by advertisement either of the
following methods:
(a) Advertisement on a web site maintained or made available
by the county;
(b) Advertisement in
a
newspaper
published in and of general
circulation in the county.
The court
ordering
the sale may
designate in the order of sale
the newspaper
in which
this
public notice
shall be published, and
this
The public
notice is subject to
division (A) of section
2329.27
of the
Revised
Code if the officer conducting the sale
chooses to publish the notice in a newspaper, or if the court
ordering the sale requires the officer to publish the notice in a
newspaper. If the court ordering the sale requires the officer to
publish the notice in a newspaper, the court may designate in the
order of sale the newspaper in which this public notice shall be
published.
(3) The officer taking the lands and tenements shall collect
the purchaser's information required by section 2329.271 of the
Revised Code.
(B) A sale of lands and tenements
taken in execution may be
set aside in accordance
with division (B) of section
2329.27 of
the Revised
Code.
Section 2. That existing section 2329.26 of the Revised Code
is hereby repealed.
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