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S. B. No. 53 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Senators Miller, D., Smith, Fedor, Morano
A BILL
To enact sections 121.086 and 2303.32 of the Revised
Code to require the Director of Commerce to
establish a residential foreclosure tracking
system and prepare an annual report on residential
foreclosure filings and sales in each county.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.086 and 2303.32 of the Revised
Code be enacted to read as follows:
Sec. 121.086. (A) The director of commerce shall develop by
rule a residential foreclosure tracking system for tracking and
reporting the following information for residential foreclosures
in each county in this state:
(1) The number of residential foreclosure filings made by
mortgage holders;
(2) The number of residential properties for which a court of
common pleas has confirmed a sale by a county sheriff pursuant to
an order of sale;
(3) The type of each residential property reported under
divisions (A)(1) and (2) of this section, to include single family
homes (including manufactured and mobile homes), an individually
owned unit in a condominium development, residential properties
with two to four separate living units, and multifamily properties
that contain more than four separate living units.
(B) The director shall establish the tracking system to be
based on a unique tracking number that a clerk of courts assigns
to a residential property at the time a mortgage holder files for
a foreclosure action on that property. At the time of filing, the
clerk shall confirm that the foreclosure action is filed by a
mortgage holder and is not a tax foreclosure filing. The clerk
also shall record the type of residential property for which each
filing is made.
(C) The director annually shall prepare a report based on the
residential foreclosure tracking system and make that report
available on the department of commerce web site. The report shall
include for each county and for the state the number of
foreclosure filings that mortgage holders have made for
residential properties, the number of residential properties
foreclosed by a mortgage holder for which a court confirmed a sale
by the sheriff at auction, and the types of residential properties
that are the subject of these foreclosure filings and sales.
(D) As used in this section, "residential property" means a
structure intended to serve as living quarters for human
habitation or a structure that contains separate living quarters
intended for human habitation. "Residential property" does not
include a transitory residence such as a hotel, hospital, or
college dormitory.
Sec. 2303.32. (A) When a mortgage holder makes a
foreclosure filing on a residential property, the clerk of the
court where the
filing is made shall record the information
required under the
residential foreclosure tracking system
established pursuant to
section 121.086 of the Revised Code. The
clerk shall assign a
unique number to each such residential
property in compliance with the tracking system.
(B) The clerk of each court where a foreclosure filing is
made or where a sale of a foreclosed home is confirmed shall
prepare a quarterly report to the director of commerce. The report
shall include the number of residential
foreclosure filings made
by mortgage holders and the number
of sales of foreclosed
residential properties the court has
confirmed, as well as any
other information the director requires
for the tracking system.
The clerk shall limit the report to
residential properties
foreclosed by mortgage holders and shall
not include tax
foreclosures.
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