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Am. Sub. H. B. No. 223 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Grossman, Curtin
Cosponsors:
Representatives Stinziano, Becker, Roegner, Lundy, Duffey, Mallory, Fedor, Hackett, Williams, Antonio, Beck, Driehaus, Adams, R., Anielski, Barborak, Bishoff, Boyce, Brown, Buchy, Budish, Carney, Celebrezze, Clyde, Conditt, Damschroder, Foley, Gerberry, Hagan, R., Heard, Letson, McClain, Milkovich, O'Brien, Patterson, Perales, Phillips, Ramos, Reece, Rogers, Sheehy, Slaby, Stebelton, Strahorn, Winburn Speaker Batchelder
A BILL
To amend sections 323.47, 1901.18, 1901.185, 2303.26,
2329.01, 2329.02, 2329.20, 2329.21, 2329.23,
2329.26, 2329.30, 2329.31, 2329.33, 2329.52, and
2909.07 and to enact sections 2308.01 to 2308.04,
2329.211, 2329.311, and 3767.51 to 3767.56 of the
Revised Code to establish summary actions to
foreclose mortgages on vacant and abandoned
residential properties, to expedite the
foreclosure and transfer of unoccupied, blighted
parcels, to make other changes relative to
residential foreclosure actions, and to terminate
certain provisions of this act on December 31,
2019, by repealing sections 3767.51, 3767.52,
3767.53, 3767.54, 3767.55, and 3767.56 of the
Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 323.47, 1901.18, 1901.185, 2303.26,
2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26, 2329.30,
2329.31, 2329.33, 2329.52, and 2909.07 be amended and sections
2308.01, 2308.02, 2308.03, 2308.04, 2329.211, 2329.311, 3767.51,
3767.52, 3767.53, 3767.54, 3767.55, and 3767.56 of the Revised
Code be enacted to read as follows:
Sec. 323.47. (A) If land held by tenants in common is sold
upon proceedings in partition, or taken by the election of any of
the parties to such proceedings, or real estate is sold by
administrators, executors, guardians, or trustees, the court shall
order that the taxes, penalties, and assessments then due and
payable, and interest on those taxes, penalties, and assessments,
that are or will be a lien on such land or real estate at the time
the deed is transferred following the sale, be discharged out of
the proceeds of such sale or election. For purposes of determining
such amount, the county treasurer shall estimate the amount of
taxes, assessments, interest, and penalties that will be payable
at the time the deed of the property is transferred to the
purchaser. If the county treasurer's estimate exceeds the amount
of taxes, assessments, interest, and penalties actually payable
when the deed is transferred to the purchaser, the officer who
conducted the sale shall refund to the purchaser the difference
between the estimate and the amount actually payable. If the
amount of taxes, assessments, interest, and penalties actually
payable when the deed is transferred to the purchaser exceeds the
county treasurer's estimate, the officer shall certify the amount
of the excess to the treasurer, who shall enter that amount on the
real and public utility property tax duplicate opposite the
property; the amount of the excess shall be payable at the next
succeeding date prescribed for payment of taxes in section 323.12
of the Revised Code.
(B)(1) If real estate is sold at judicial sale, the court
shall order that the total of the following amounts shall be
discharged out of the proceeds of the sale but only to the extent
of such proceeds:
(a) Taxes and assessments the lien for which attaches before
the confirmation of sale but that are not yet determined,
assessed, and levied for the year in which confirmation occurs,
apportioned pro rata to the part of that year that precedes
confirmation, and any penalties and interest on those taxes and
assessments;
(b) All other taxes, assessments, penalties, and interest the
lien for which attached for a prior tax year but that have not
been paid on or before the date of confirmation.
(2) Upon the request of the officer who conducted the sale,
the county treasurer shall estimate the amount in division
(B)(1)(a) of this section. If the county treasurer's estimate
exceeds that amount, the officer who conducted the sale shall
refund to the purchaser the difference between the estimate and
the actual amount. If the actual amount exceeds the county
treasurer's estimate, the officer shall certify the amount of the
excess to the treasurer, who shall enter that amount on the real
and public utility property tax duplicate opposite the property;
the amount of the excess shall be payable at the next succeeding
date prescribed for payment of taxes in section 323.12 of the
Revised Code The purchaser of real estate at a judicial sale is
responsible for payment of any and all taxes and assessments, and
any penalties and interest on those taxes and assessments, that
attach as of the day following the date of the sale, including
taxes and assessments levied for the year in which the sale
occurred, apportioned pro rata after the date of the judicial
sale, and any penalties and interest on those taxes and
assessments.
Sec. 1901.18. (A) Except as otherwise provided in this
division or section 1901.181 of the Revised Code, subject to the
monetary jurisdiction of municipal courts as set forth in section
1901.17 of the Revised Code, a municipal court has original
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In any civil action, of whatever nature or remedy, of
which judges of county courts have jurisdiction;
(2) In any action or proceeding at law for the recovery of
money or personal property of which the court of common pleas has
jurisdiction;
(3) In any action at law based on contract, to determine,
preserve, and enforce all legal and equitable rights involved in
the contract, to decree an accounting, reformation, or
cancellation of the contract, and to hear and determine all legal
and equitable remedies necessary or proper for a complete
determination of the rights of the parties to the contract;
(4) In any action or proceeding for the sale of personal
property under chattel mortgage, lien, encumbrance, or other
charge, for the foreclosure and marshalling of liens on personal
property of that nature, and for the rendering of personal
judgment in the action or proceeding;
(5) In any action or proceeding to enforce the collection of
its own judgments or the judgments rendered by any court within
the territory to which the municipal court has succeeded, and to
subject the interest of a judgment debtor in personal property to
satisfy judgments enforceable by the municipal court;
(6) In any action or proceeding in the nature of
interpleader;
(7) In any action of replevin;
(8) In any action of forcible entry and detainer;
(9) In any action concerning the issuance and enforcement of
temporary protection orders pursuant to section 2919.26 of the
Revised Code or protection orders pursuant to section 2903.213 of
the Revised Code or the enforcement of protection orders issued by
courts of another state, as defined in section 2919.27 of the
Revised Code;
(10) If the municipal court has a housing or environmental
division, in any action over which the division is given
jurisdiction by section 1901.181 of the Revised Code, provided
that, except as specified in division (B) of that section, no
judge of the court other than the judge of the division shall hear
or determine any action over which the division has jurisdiction;
(11) In any action brought pursuant to division (I) of
section 4781.40 of the Revised Code, if the residential premises
that are the subject of the action are located within the
territorial jurisdiction of the court;
(12) In any civil action as described in division (B)(1) of
section 3767.41 of the Revised Code that relates to a public
nuisance, and, to the extent any provision of this chapter
conflicts or is inconsistent with a provision of that section, the
provision of that section shall control in the civil action;
(13) In a proceeding brought pursuant to section 955.222 of
the Revised Code by the owner of a dog that has been designated as
a nuisance dog, dangerous dog, or vicious dog.
(B) The Cleveland and Toledo municipal court courts also
shall have jurisdiction within its their territory in all of the
following actions or proceedings and to perform all of the
following functions:
(1) In all actions and proceedings for the sale of real
property under lien of a judgment of the municipal court or a lien
for machinery, material, or fuel furnished or labor performed,
irrespective of amount, and, in those actions and proceedings, the
court may proceed to foreclose and marshal all liens and all
vested or contingent rights, to appoint a receiver, and to render
personal judgment irrespective of amount in favor of any party.
(2) In all actions for the foreclosure of a mortgage on real
property given to secure the payment of money or the enforcement
of a specific lien for money or other encumbrance or charge on
real property, when the amount claimed by the plaintiff does not
exceed fifteen thousand dollars and the real property is situated
within the territory, and, in those actions, the court may proceed
to foreclose all liens and all vested and contingent rights and
may proceed to render judgments and make findings and orders
between the parties in the same manner and to the same extent as
in similar actions in the court of common pleas.
(3) In all actions for the recovery of real property situated
within the territory to the same extent as courts of common pleas
have jurisdiction;
(4) In all actions for injunction to prevent or terminate
violations of the ordinances and regulations of the city of
Cleveland or Toledo enacted or promulgated under the police power
of the city of Cleveland or Toledo, pursuant to Section 3 of
Article XVIII, Ohio Constitution, over which the court of common
pleas has or may have jurisdiction, and, in those actions, the
court may proceed to render judgments and make findings and orders
in the same manner and to the same extent as in similar actions in
the court of common pleas.
Sec. 1901.185. (A) In addition to jurisdiction otherwise
granted in this chapter, the environmental division, where
established, of the municipal court shall have jurisdiction within
its territory in all of the following actions or proceedings and
to perform all of the following functions:
(A)(1) To exercise exclusive original jurisdiction to hear
actions arising under section 3767.50 of the Revised Code and in
those actions to make findings and orders pertaining to blighted
parcels;
(B)(2) When in aid of execution of a judgment of the
environmental division of the municipal court rendered pursuant to
section 3767.50 of the Revised Code, in actions for the
foreclosure of a mortgage on real property given to secure the
payment of money, or the enforcement of a specific lien for money
or other encumbrance or charge on real property, when the real
property is situated within the territory, to foreclose all liens
and all vested and contingent rights, render judgments, and make
findings and orders, between the parties, in the same manner and
to the same extent as in similar cases in the court of common
pleas.
(B) In addition to jurisdiction otherwise granted in this
chapter, the housing or environmental division, where established,
of the municipal court shall have jurisdiction within its
territory to exercise exclusive original jurisdiction to hear
actions arising under section 2308.02 of the Revised Code and in
those actions to make findings and orders pertaining to vacant and
abandoned properties pursuant to section 2308.02 of the Revised
Code.
(C) For the time period beginning on the effective date of
this amendment and ending December 31, 2019, in addition to
jurisdiction otherwise granted in this chapter, the housing or
environmental division, where established, of the municipal court
shall have jurisdiction within its territory to exercise exclusive
original jurisdiction to hear actions arising under section
3767.52 of the Revised Code and in those actions to make findings
and orders pertaining to unoccupied, blighted parcels pursuant to
sections 3767.52 and 3767.53 of the Revised Code.
Sec. 2303.26. The clerk of the court of common pleas shall
exercise the powers conferred and perform the duties enjoined upon
him the clerk by statute and by the common law; and in the
performance of
his official duties he the clerk shall be under the
direction of his such court. The clerk shall not restrict,
prohibit, or otherwise modify the rights of parties to seek
service on party defendants allowed by the Ohio rules of civil
procedure, either singularly or concurrently.
Sec. 2308.01. As used in this chapter:
(A) "Residential mortgage loan" means a loan or agreement to
extend credit, including the renewal, refinancing, or modification
of such a loan or agreement, that is made to a person and that is
primarily secured by a mortgage, deed of trust, or other lien upon
any interest in residential property or any certification of stock
or other evidence of ownership in, and a proprietary lease from, a
corporation or partnership formed for the purpose of cooperative
ownership of residential property.
(B) "Residential property" means real property located within
this state consisting of land and a structure on that land
containing four or fewer dwelling units, each of which is intended
for occupancy by a separate household. "Residential property"
includes a residential condominium unit owned by an individual,
notwithstanding the number of units in the structure, but does not
include a manufactured or mobile home that is not taxed as real
property.
Sec. 2308.02. (A) For purposes of this section, a
residential property shall be considered vacant and abandoned if
both of the following apply:
(1) The owner of the residential property is in default on
the residential mortgage loan secured by the residential property.
(2) Two or more of the following circumstances apply:
(a) At the time of the inspection of the land by the
appropriate official of a county, municipal corporation, or
township in which the land is located or by the holder of the
mortgage note, or the holder's representative, no person is
visibly present from an exterior inspection of the property.
(b) No utility connections, including water, sewer, natural
gas, or electric connections, service the property, or no such
utility connections are actively being billed by any utility
provider regarding the property.
(c) The property is sealed because, immediately prior to
being sealed, it was considered by the appropriate official to be
open, vacant, or vandalized.
(d) Junk, litter, trash, debris, or hazardous, noxious, or
unhealthy substances or materials have accumulated on the
property.
(e) Furnishings, window treatments, and personal items are
absent from the structure on the land.
(f) Neighbors, delivery persons, or government employees
provide statements indicating that the structure on the land is
vacant and abandoned.
(g) A risk to the health and safety or welfare of the public,
or any adjoining or adjacent property owners, exists due to acts
of vandalism, loitering, criminal conduct, or the physical
destruction or deterioration of the property.
(h) A mortgagor issues a written statement expressing clear
intent of all mortgagors to abandon the property.
(i) Any other reasonable indicia of abandonment exists.
(B) In addition to the procedures set forth in sections
323.65 to 323.79 and 3767.50 of the Revised Code, if a residential
mortgage loan is secured by residential property that appears to
be vacant and abandoned pursuant to division (A)(2) of this
section, and the owner of the residential property is in default
on the loan, the holder of the mortgage note for that residential
mortgage loan may bring a summary action in a court of competent
jurisdiction to foreclose that residential mortgage loan. The
holder of the mortgage note, at the time of filing a foreclosure
action or any time thereafter, may file with the court a motion to
proceed in a summary manner if the residential property that is
the subject of the foreclosure action is believed to be vacant and
abandoned.
(C) If, at the time that a holder of a mortgage note brings
an action to foreclose on a residential mortgage loan, the holder
files a motion for summary foreclosure under this section, the
court shall hear the motion for summary foreclosure not earlier
than before the period to answer the foreclosure complaint has
expired and not later than fifteen days after the period to answer
the foreclosure complaint has expired. If the holder of the
mortgage note files the motion for summary foreclosure after the
period to answer the foreclosure complaint has expired, the court
shall hear the motion not later than fifteen days after the motion
is filed.
(D) The hearing on a motion for summary foreclosure shall be
given priority by the court and shall be scheduled to be heard
within the applicable time period set forth in division (C) of
this section.
(E) In addition to the service of process required by the
Rules of Civil Procedure, to obtain an entry of judgment in a
residential mortgage loan foreclosure action under this section, a
holder of a mortgage note shall establish that a process server or
sheriff has made two unsuccessful attempts to serve the mortgagor
or occupant at the residential property. To satisfy the
requirement specified in this division, the holder of the mortgage
note shall demonstrate that the attempts were at least forty-eight
hours apart and during different times of the day.
(F) In addition to any notices required to be served by law
or the Rules of Civil Procedure, a holder of a mortgage note shall
serve a notice that the holder is seeking, on the date fixed by
the court, to proceed summarily for entry of judgment in a
residential mortgage loan foreclosure action under this section
because the property is believed to be vacant and abandoned. This
notice shall be served by ordinary mail to the mortgagor's last
known address, and the sender shall obtain a certificate of
mailing. The notice shall be sent at least seven days before the
hearing described in division (C) of this section occurs. Service
by ordinary mail is complete when the certificate of mailing is
obtained, unless the notice is returned showing failure of
delivery.
(G) At the hearing held pursuant to division (C) of this
section, the court shall determine whether a property is vacant
and abandoned pursuant to the standards described in division (A)
of this section. The owner of the property may make an appearance
at this hearing and submit evidence that the property is not
vacant and abandoned. At the end of the hearing, the court shall
make a finding on whether the property owner is in default on the
residential mortgage loan secured by the residential property and
whether two or more of the circumstances listed in division (A)(2)
of this section apply to the residential property.
(1) Not earlier than the expiration of the period of time to
answer the foreclosure complaint or the period of time to respond
to a motion for judgment under the Rules of Civil Procedure,
whichever period expires later, the court shall enter a final
judgment of foreclosure and order the sheriff to sell the property
in accordance with division (I) of this section if the court finds
by clear and convincing evidence that both of the following apply:
(a) The property owner is in default on the residential
mortgage loan secured by the residential property;
(b) Two or more of the circumstances listed in division
(A)(2) of this section apply to the residential property and those
circumstances are not outweighed by the evidence submitted by the
property owner.
(2) A court shall not enter a final judgment in a residential
mortgage loan foreclosure action under this section if a court
finds that any of the following apply:
(a) The residential property is not vacant or abandoned
because either less than two of the circumstances listed in
division (A)(2) of this section apply or because the evidence
submitted by the property owner outweighs the circumstances
established.
(b) The mortgagor or any other defendant has filed an answer,
appearance, or other written objection that is not withdrawn and
the defenses or objection asserted provide cause to preclude the
entry of a final judgment.
(c) The property owner is not in default on the residential
mortgage loan secured by the residential property.
(H) Nothing in this section shall supersede or limit other
procedures adopted by the court to resolve residential mortgage
loan foreclosure actions, including foreclosure mediation.
(I) If the court enters a judgment on a residential mortgage
loan foreclosure action and orders a sale of the property under
division (G) of this section, the sheriff shall sell the property
within seventy-five days after the sheriff's receipt of any writ
of execution issued by the court in accordance with the procedures
specified in this chapter and Chapter 2329. of the Revised Code.
(J) If a residential property becomes vacant and abandoned
after a decree of foreclosure has been entered, upon good cause
shown, the plaintiff may file a motion that the court determine
the property to be vacant and abandoned as described in division
(A) of this section and order the sheriff to sell it pursuant to
division (I) of this section. If a court finds that the
residential property is vacant and abandoned, the court shall
enter a judgment on the residential mortgage loan foreclosure
action under this section and the sheriff shall sell the property
in accordance with division (I) of this section.
Sec. 2308.03. (A) Except as otherwise provided in division
(B) of this section, if a residential property is found to be
vacant and abandoned under section 2308.02 of the Revised Code, a
holder of a mortgage note on the residential property may enter
that property to secure and protect it from damage.
(B) A holder of a mortgage note who has not filed a
residential mortgage loan foreclosure action on a property for
which the holder holds a mortgage may enter and secure that
property only if the mortgage contract or other documents provide
for such an entry.
(C)The equitable and statutory rights to redemption of a
mortgage on a property found to be vacant and abandoned pursuant
to section 2308.02 of the Revised Code expire upon the
confirmation of sale of the property.
Sec. 2308.04. A person who is an owner of residential
property who knowingly causes physical harm to that property after
the person has been personally served with a summons and complaint
in a residential mortgage loan foreclosure action relating to that
property is guilty of criminal mischief in violation of section
2909.07 of the Revised Code.
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,
inclusive, of the Revised Code.
(B) As used in sections 2329.02 to 2329.61 of the Revised
Code, "residential mortgage loan" and "residential property" have
the same meanings as in section 2308.01 of the Revised Code.
Sec. 2329.02. (A) Any judgment or decree rendered by any
court of general jurisdiction, including district courts of the
United States, within this state shall be a lien upon lands and
tenements of each judgment debtor within any county of this state
from the time there is filed in the office of the clerk of the
court of common pleas of such county a certificate of such
judgment, setting forth the court in which the same was rendered,
the title and number of the action, the names of the judgment
creditors and judgment debtors, the amount of the judgment and
costs, the rate of interest, if the judgment provides for
interest, and the date from which such interest accrues, the date
of rendition of the judgment, and the volume and page of the
journal entry thereof.
(B) No such judgment or decree shall be a lien upon any
lands, whether or not situated within the county in which such
judgment is rendered, registered under sections 5309.02 to
5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the
Revised Code, until a certificate under the hand and official seal
of the clerk of the court in which the same is entered or of
record, stating the date and purport of the judgment, giving the
number of the case, the full names of the parties, plaintiff and
defendant, and the volume and page of the journal or record in
which it is entered, or a certified copy of such judgment, stating
such facts, is filed and noted in the office of the county
recorder of the county in which the land is situated, and a
memorial of the same is entered upon the register of the last
certificate of title to the land to be affected.
Such certificate shall be made by the clerk of the court in
which the judgment was rendered, under the seal of said court,
upon the order of any person in whose favor such judgment was
rendered or upon the order of any person claiming under him a
person in whose favor such judgment was rendered, and shall be
delivered to the party so ordering the same; and the fee therefor
shall be taxed in the costs of the action.
(C) When any such certificate is delivered to the clerk of
the court of common pleas of any county in this state, the same
shall be filed by such clerk, and
he the clerk shall docket and
index it under the names of the judgment creditors and the
judgment debtors in a judgment docket, which shall show as to each
judgment all of the matters set forth in such certificate as
required by this section. The fee for such filing, docketing, and
indexing shall be taxed as increased costs of such judgment upon
such judgment docket and shall be included in the lien of the
judgment.
(D) When the clerk of any court, other than that rendering
the judgment, in whose office any such certificate is filed, has
docketed and indexed the same,
he the clerk shall indorse upon
such certificate the fact of such filing with the date thereof and
the volume and page of the docket entry of such certificate and
shall return the same so indorsed to the clerk of the court in
which the judgment was rendered, who shall note upon the original
docket the fact of the filing of said certificate, showing the
county in which the same was filed and the date of such filing.
When such certificate is filed, docketed, and indexed in the
office of the clerk of the court which rendered the judgment, such
clerk shall likewise indorse the certificate and make like
notation upon the original docket.
Each such judgment shall be deemed to have been rendered in
the county in which is kept the journal of the court rendering the
same, in which journal such judgment is entered.
(E) Certificates or certified copies of judgments or decrees
of any courts of general jurisdiction, including district courts
of the United States, within this state, may be filed, registered,
noted, and memorials thereof entered, in the office of the
recorder of any county in which is situated land registered under
sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21,
inclusive, of the Revised Code, for the purpose of making such
judgments liens upon such registered land.
(F) Notwithstanding any other provision of the Revised Code,
any judgment issued in a court of record may be transferred to any
other court of record. Any proceedings for collection may be had
on such judgment the same as if it had been issued by the
transferee court.
(G) When a clerk files a judgment of foreclosure in a
residential mortgage loan foreclosure action, the clerk shall
provide notice of that filing to the judgment debtor, the judgment
creditor, and any lienholder who has appeared in the action.
Sec. 2329.20. No 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 of the value
returned in the inquest required by section 2329.17 of the Revised
Code; except that in. In all cases where 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, such minimum amount to be not less than
two-thirds of the difference between the value of the real estate
appraised as provided in such section, and the amount remaining
unpaid on the claims or obligations secured by such prior lien.
The price at which a foreclosed residential property sells at a
sheriff's auction shall not be used as a basis for establishing
the market value of any other property.
Sec. 2329.21. If the sum bid by the purchaser for the real
estate sold under section 2329.20 of the Revised Code relating to
the enforcement of junior liens is insufficient to pay the costs
and allowance which the court has determined prior to such sale
should be paid out of the proceeds thereof, pursuant to the terms
of the mortgage or lien sought to be enforced, then the purchaser,
in addition to the amount of his the purchaser's bid, must pay a
sum which with the amount so bid will be sufficient to pay the
costs and allowances. The court may fix the amount remaining
unpaid on such claims or obligations for the purpose of the sale,
and to that end require the parties to the suit to furnish to it
satisfactory evidence of such unpaid amount. The advertisement for
the sale of real estate sold under section 2329.20 of the Revised
Code shall state that the purchaser shall be responsible for those
costs and allowances that the proceeds of the sale are
insufficient to cover.
Sec. 2329.211. A successful purchaser at a sale of lands and
tenements taken in execution shall make a deposit in the amount of
five per cent of the appraised value of the property, but not less
than five thousand dollars or more than ten thousand dollars, to
the officer conducting the sale. The deposit is due at the time of
sale, unless the purchaser is the plaintiff in the action or the
judgment creditor. In that case, the deposit shall be tendered to
the officer by the close of business the day of the sale. Failure
of the purchaser to timely make its deposit shall invalidate the
sale.
Sec. 2329.23. All notices and advertisements for the sale of
lands and tenements located in a municipal corporation, made by
virtue of the proceedings in a court of record, in addition to a
description of the lands and tenements, shall contain the street
number of the buildings erected on the lands, or the street number
of the lots offered for sale. If no such number exists, then the
notice or advertisement shall contain the name of the street or
road upon which the lands and tenements are located together with
the names of the streets or roads immediately north and south or
east and west of the lands and tenements that cross or intersect
the street or road upon which they are located. The notice or
advertisement shall, if applicable, include the web site address
of the officer who makes the sale that allows a person to obtain a
complete legal description of the lands and tenements.
All notices and advertisements for the sale of residential
property located in a municipal corporation, made by virtue of the
proceeding in a court of record pursuant to a mortgage loan
foreclosure action, shall include the provisional date for a
second sale of the property, should the property not sell for the
minimum bid established pursuant to section 2329.20 of the Revised
Code.
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, and of the provisional second sale described in division
(B) of section 2329.52 of the Revised Code, if applicable, 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, and of the
provisional second sale described in division (B) of section
2329.52 of the Revised Code, if applicable, once a week for at
least three consecutive weeks before the day of sale by
advertisement in 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.
(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 (A) or (B) of section
2329.27 of the Revised Code.
Sec. 2329.30. The court from which an execution or order of
sale issues, upon notice and motion of the officer who makes the
sale or of an interested party, may punish any purchaser of lands
and tenements who fails to pay within thirty days of the
confirmation of the sale the balance due on the purchase price of
the lands and tenements by forfeiting the sale of the lands and
tenements and returning any deposit paid in connection with the
sale of the lands and tenements, by forfeiting any deposit paid in
connection with the sale of the lands and tenements, as for
contempt, or in any other manner the court considers appropriate.
Upon motion, the court shall order the return of any remaining
portion of the deposit of the purchaser, less the costs of a
subsequent sale and any other remedy the court considers
appropriate. The effect of an order for contempt for failure of
the purchaser to pay shall be considered an order to void the
confirmation of sale and transfer.
Sec. 2329.31. (A) Upon the return of any writ of execution
for the satisfaction of which lands and tenements have been sold,
on careful examination of the proceedings of the officer making
the sale, if the court of common pleas finds that the sale was
made, in all respects, in conformity with sections 2329.01 to
2329.61 of the Revised Code, it shall, within thirty days of the
return of the writ, direct the clerk of the court of common pleas
to make an entry on the journal that the court is satisfied of the
legality of such sale and that the attorney who filed the writ of
execution make to the purchaser a deed for the lands and
tenements. Nothing in this section prevents the court of common
pleas from staying the confirmation of the sale to permit a
property owner time to redeem the property or for any other reason
that it determines is appropriate. In those instances, the sale
shall be confirmed within thirty days after the termination of any
stay of confirmation.
(B) The officer making the sale shall require the purchaser,
including a lienholder, to pay within thirty days of the
confirmation of the sale the balance due on the purchase price of
the lands and tenements.
(C) The officer making the sale shall record the prepared
deed required by section 2329.36 of the Revised Code within
fourteen days after the confirmation of sale or payment of the
balance due, whichever is later. If the deed is not prepared or
recorded within the fourteen-day period, the recording of the
order of confirmation of sale by the purchaser shall serve to
transfer the title of the property to the purchaser as described
in division (D) of this section. The confirmation of sale shall
include a statement that it serves to transfer title if the deed
is not transferred within fourteen days after the confirmation of
sale or payment of the balance due.
(D) The order of confirmation shall, upon the expiration of
the fourteen-day period described in division (C) of this section
and unless stayed by the court pending timely appeal along with
the posting of an adequate supersedeas bond, serve to transfer the
title of the property to the purchaser. The plaintiff, or the
plaintiff's attorney, shall cause a certified copy of the order of
confirmation to be recorded in the office of the county recorder.
The clerk shall issue a copy of the order to the county auditor to
transfer record ownership of the property for the purpose of real
estate taxes. Real estate taxes coming due after the date of the
confirmation of sale shall not prohibit the auditor from
transferring ownership of the property on its records or cause the
recorder to deny recording. The real estate taxes shall become the
responsibility of the new title holder of the property. The
sheriff shall not require the confirmation of sale to be amended
for taxes not due and payable as of the date of the sale.
Sec. 2329.311. In sales of residential properties taken in
execution or order of sale that are sold at an auction with no set
minimum bid pursuant to division (B) of section 2329.52 of the
Revised Code, the judgment creditor and the first lienholder each
have the right to redeem the property within fourteen days after
the sale by paying the purchase price. The redeeming party shall
pay the purchase price to the clerk of the court in which the
judgment was rendered or the order of sale was made. Upon timely
payment, the court shall proceed as described in section 2329.31
of the Revised Code, with the redeeming party considered the
successful purchaser at sale.
Sec. 2329.33. In Except as provided in division (C) of
section 2308.03 or any other section of the Revised Code, in sales
of real estate on execution or order of sale, at any time before
the confirmation thereof, the debtor may redeem it from sale by
depositing in the hands of the clerk of the court of common pleas
to which such execution or order is returnable, the amount of the
judgment or decree upon which such lands were sold, with all
costs, including poundage, and interest at the rate of eight per
cent per annum on the purchase money from the day of sale to the
time of such deposit, except where the judgment creditor is the
purchaser, the interest at such rate on the excess above his the
judgment creditor's claim. The Redemption of the debtor is a
satisfaction of the judgment against the debtor only and shall not
serve to discharge the judgment debtor of the judgment creditor's
advancements for real estate taxes, insurance premium, and
property protection if such a requirement was included in the
judgment. Upon successful redemption, the judgment debtor may
petition the court to require the judgment creditor to provide an
itemization of those advances within a reasonable amount of time
for payment by the judgment debtor. Should the judgment debtor pay
all sums required by this section, the court of common pleas
thereupon shall make an order setting aside such sale, and apply
the deposit to the payment of such judgment or decree and costs,
and award such interest to the purchaser, who shall receive from
the officer making the sale the purchase money paid by him the
purchaser, and the interest from the clerk. This section does not
take away the power of the court to set aside such sale for any
reason for which it might have been set aside prior to April 16,
1888.
Sec. 2329.52. When (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) 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 with a minimum bid
of two-thirds of the appraised value as established pursuant to
section 2329.17 of the Revised Code, a second auction shall be
held with no set minimum bid, and the residential property shall
be sold to the highest bidder. This second auction shall be held
not earlier than seven days and not later than thirty days after
the first auction. As a condition of the second auction, the
purchaser shall pay, in addition to the amount bid, a deposit to
the sheriff to be used to pay the costs and allowances of the
sale. This deposit shall be not less than five thousand dollars
and not more than ten thousand dollars, as determined by the
sheriff. The sheriff shall return the deposit, less the amount
used for costs and allowances, to the purchaser within fourteen
days after the transfer of sale. A residential property that
remains unsold after two auctions may be subsequently offered for
sale from time to time with no set minimum bid or disposed of in
any other manner pursuant to this chapter or any other provision
of the Revised Code.
Sec. 2909.07. (A) No person shall:
(1) Without privilege to do so, knowingly move, deface,
damage, destroy, or otherwise improperly tamper with the property
of another or one's own property after a foreclosure complaint is
filed against that property;
(2) With purpose to interfere with the use or enjoyment of
property of another, employ a tear gas device, stink bomb, smoke
generator, or other device releasing a substance that is harmful
or offensive to persons exposed or that tends to cause public
alarm;
(3) Without privilege to do so, knowingly move, deface,
damage, destroy, or otherwise improperly tamper with a bench mark,
triangulation station, boundary marker, or other survey station,
monument, or marker;
(4) Without privilege to do so, knowingly move, deface,
damage, destroy, or otherwise improperly tamper with any safety
device, the property of another, or the property of the offender
when required or placed for the safety of others, so as to destroy
or diminish its effectiveness or availability for its intended
purpose;
(5) With purpose to interfere with the use or enjoyment of
the property of another, set a fire on the land of another or
place personal property that has been set on fire on the land of
another, which fire or personal property is outside and apart from
any building, other structure, or personal property that is on
that land;
(6) Without privilege to do so, and with intent to impair the
functioning of any computer, computer system, computer network,
computer software, or computer program, knowingly do any of the
following:
(a) In any manner or by any means, including, but not limited
to, computer hacking, alter, damage, destroy, or modify a
computer, computer system, computer network, computer software, or
computer program or data contained in a computer, computer system,
computer network, computer software, or computer program;
(b) Introduce a computer contaminant into a computer,
computer system, computer network, computer software, or computer
program.
(B) As used in this section, "safety device" means any fire
extinguisher, fire hose, or fire axe, or any fire escape,
emergency exit, or emergency escape equipment, or any life line,
life-saving ring, life preserver, or life boat or raft, or any
alarm, light, flare, signal, sign, or notice intended to warn of
danger or emergency, or intended for other safety purposes, or any
guard railing or safety barricade, or any traffic sign or signal,
or any railroad grade crossing sign, signal, or gate, or any first
aid or survival equipment, or any other device, apparatus, or
equipment intended for protecting or preserving the safety of
persons or property.
(C)(1) Whoever violates this section is guilty of criminal
mischief, and shall be punished as provided in division (C)(2) or
(3) of this section.
(2) Except as otherwise provided in this division, criminal
mischief committed in violation of division (A)(1), (2), (3), (4),
or (5) of this section is a misdemeanor of the third degree.
Except as otherwise provided in this division, if the violation of
division (A)(1), (2), (3), (4), or (5) of this section creates a
risk of physical harm to any person, criminal mischief committed
in violation of division (A)(1), (2), (3), (4), or (5) of this
section is a misdemeanor of the first degree. If the property
involved in the violation of division (A)(1), (2), (3), (4), or
(5) of this section is an aircraft, an aircraft engine, propeller,
appliance, spare part, fuel, lubricant, hydraulic fluid, any other
equipment, implement, or material used or intended to be used in
the operation of an aircraft, or any cargo carried or intended to
be carried in an aircraft, criminal mischief committed in
violation of division (A)(1), (2), (3), (4), or (5) of this
section is one of the following:
(a) If the violation creates a risk of physical harm to any
person, except as otherwise provided in division (C)(2)(b) of this
section, criminal mischief committed in violation of division
(A)(1), (2), (3), (4), or (5) of this section is a felony of the
fifth degree.
(b) If the violation creates a substantial risk of physical
harm to any person or if the property involved in a violation of
this section is an occupied aircraft, criminal mischief committed
in violation of division (A)(1), (2), (3), (4), or (5) of this
section is a felony of the fourth degree.
(3) Except as otherwise provided in this division, criminal
mischief committed in violation of division (A)(6) of this section
is a misdemeanor of the first degree. Except as otherwise provided
in this division, if the value of the computer, computer system,
computer network, computer software, computer program, or data
involved in the violation of division (A)(6) of this section or
the loss to the victim resulting from the violation is one
thousand dollars or more and less than ten thousand dollars, or if
the computer, computer system, computer network, computer
software, computer program, or data involved in the violation of
division (A)(6) of this section is used or intended to be used in
the operation of an aircraft and the violation creates a risk of
physical harm to any person, criminal mischief committed in
violation of division (A)(6) of this section is a felony of the
fifth degree. If the value of the computer, computer system,
computer network, computer software, computer program, or data
involved in the violation of division (A)(6) of this section or
the loss to the victim resulting from the violation is ten
thousand dollars or more, or if the computer, computer system,
computer network, computer software, computer program, or data
involved in the violation of division (A)(6) of this section is
used or intended to be used in the operation of an aircraft and
the violation creates a substantial risk of physical harm to any
person or the aircraft in question is an occupied aircraft,
criminal mischief committed in violation of division (A)(6) of
this section is a felony of the fourth degree.
Sec. 3767.51. As used in sections 3767.52 to 3767.56 of the
Revised Code:
(A) "Blighted parcel" has the same meaning as in section 1.08
of the Revised Code, except it does not include a manufactured or
mobile home that is subject to real property taxes under section
4503.06 of the Revised Code.
(B) "Unoccupied" means any of the following:
(1) Property that is not physically inhabited or used as a
dwelling;
(2) Property on which no trade or business is actively being
conducted by the owner or another party occupying the parcel
pursuant to a lease or other legal authority;
(3) Property that is uninhabited with no signs or active
indications that it is undergoing improvements.
Sec. 3767.52. (A) A municipal corporation may commence a
cause of action by filing a complaint in the housing or
environmental division of a municipal court against the owner of
property that is an unoccupied, blighted parcel located in that
municipal corporation. The complaint shall seek an order that the
owner remediate the conditions of the property constituting
blight.
(B) Upon commencing an action pursuant to division (A) of
this section, a municipal corporation shall do both of the
following:
(1) In addition to service required under the Rules of Civil
Procedure, cause service of the complaint to all entities that
hold a lien or other interest in the property, as indicated in the
public record;
(2) Cause service of a notice to all entities that hold a
lien or other interest in the property, as indicated in the public
record, which states both of the following:
(a) The lienholder or interested person may remediate the
conditions of the property constituting blight within a period of
time determined by the municipal corporation.
(b) If the blight is not remediated, the housing or
environmental division of the municipal court in which the
complaint was filed shall order the blighted parcel to be sold
free and clear of all liens and interests in the property other
than federal tax liens.
(C)(1) A person who receives the complaint and notice
described in division (B) of this section shall have sixty days
after the service to certify to the court that the person will
remediate the conditions of the property constituting blight. A
person wishing to certify remediation shall propose to the court a
period of time within which the person will remediate the
conditions constituting blight. The court may approve or
disapprove a certification of remediation. If the court approves
the certification, the court shall stay the action until the
period of time for remediation has elapsed. If the court
disapproves the certification due to a proposal of an unreasonable
period of time for remediation, the court shall establish a
reasonable period of time within which the person shall remediate
the conditions constituting blight. The person shall accept or
reject the court's proposed period of time for remediation. If the
person accepts the court's proposed period of time for
remediation, the person shall certify that it will remediate the
conditions constituting blight, and the court shall approve the
certification. If the person rejects the court's proposed period
of time for remediation, the court shall proceed as if no
certification was made.
More than one lienholder or interested person may make a
certification for remediation. If more than one person makes a
certification, the court shall approve the certification of the
lienholder or person who proposes to remediate the conditions
constituting blight within the shortest period of time.
(2) If a lienholder or interested person certifies that it
will remediate the conditions constituting blight but does not do
so within the accepted period of time established pursuant to
division (C)(1) of this section, or if no person makes a
certification within the period of time stated in the notice
described in division (B)(2) of this section, the lien or other
interest of the persons in the property shall be extinguished but
may be paid pursuant to division (D) of section 3767.54 of the
Revised Code. The lienholder may still pursue payment of the debt
represented by the lien, and a person may still seek recourse for
the loss of other interest against the owner of the property if
otherwise permitted by law.
(3) If the lienholder or other interested person remediates
the blight, the court shall grant the lienholder or other
interested person a lien in the amount expended to remediate the
conditions constituting blight.
(D) If the court finds that the property was unoccupied at
the time the complaint was filed and is a blighted parcel, and if
no lienholder or other interested person has certified in
accordance with division (C)(1) of this section that it will
remediate the conditions constituting blight or if such a person
certifies that it will remediate the blight but fails to timely do
so, the court shall order the owner to remediate the conditions
constituting blight within a specified period of time. If the
blight is not remediated within this period of time, the court
shall order the property sold pursuant to sections 3767.53 and
3767.54 of the Revised Code. If the blight is remediated, the
court shall dismiss the action.
Sec. 3767.53. (A) A housing or environmental division of a
municipal court shall order the sale of an unoccupied, blighted
parcel pursuant to section 3767.54 of the Revised Code by the
sheriff of the county where the property is located, if all of the
following apply:
(1) The municipal corporation commenced a cause of action by
filing a complaint for the owner of the blighted parcel to
remediate the conditions of the property constituting blight in
accordance with division (A) of section 3767.52 of the Revised
Code.
(2) The municipal corporation caused service of the complaint
and notice in accordance with division (B) of section 3767.52 of
the Revised Code.
(3) One of the following applies:
(a) No lienholder or other interested person certified that
it would remediate the conditions constituting blight pursuant to
division (C) of section 3767.52 of the Revised Code.
(b) A lienholder or other interested person certified that it
would remediate the conditions constituting blight, but does not
do so within the accepted period of time established pursuant to
division (C) of section 3767.52 of the Revised Code.
(4) The court has entered a finding that the property was
unoccupied at the time the complaint described in division (A)(1)
of this section was filed and is a blighted parcel pursuant to
division (D) of section 3767.52 of the Revised Code.
(5) The court ordered the owner of the property to remediate
the conditions constituting blight pursuant to division (D) of
section 3767.52 of the Revised Code and the owner failed to do so.
(B) If a property that a housing or environmental division of
a municipal court orders sold under this section remains unsold
for want of qualified bidders, as defined in section 3767.54 of
the Revised Code, after having been advertised and offered for
sale in accordance with that section, the court may, on motion of
the municipal corporation and from time to time until the property
is sold, order a new sale.
(C) The housing or environmental division of a municipal
court has exclusive original jurisdiction of an action under
sections 3767.52 to 3767.54 of the Revised Code.
Sec. 3767.54. (A) If the housing or environmental division
of a municipal court orders an unoccupied, blighted parcel to be
sold pursuant to section 3767.53 of the Revised Code, the sheriff
of the county where the property is located shall do all of the
following:
(1) Cause notice of the sale and notice that only qualified
bidders are eligible to purchase the unoccupied, blighted parcel
to be sent to both of the following:
(a) The owner of the property in the same manner as provided
in section 2329.091 of the Revised Code;
(b) The public in the same manner as provided in division
(A)(2) of section 2329.26 of the Revised Code, except the date,
time, and place of the sale need only be published once at least
one week before the day of sale by advertisement in a newspaper of
general circulation in the county.
(2) Verify that each bidder who intends to bid at the sale is
included in the list of qualified bidders provided to the sheriff
in accordance with section 3767.55 of the Revised Code and is in
possession of proof that the bidder is a qualified bidder;
(3) Conduct the sale of the property;
(4) Provide a deed to the purchaser;
(5) Distribute the proceeds of the sale in accordance with
division (D) of this section;
(6) Collect fees pursuant to section 311.17 of the Revised
Code.
(B) A property sold pursuant to this section shall be sold
free and clear of all liens, including all taxes and assessments
other than federal taxes, to the highest qualified bidder.
(C) No appraisal of or minimum bid for the property shall be
required as a condition of a sale conducted pursuant to this
section.
(D) The proceeds of the sale conducted pursuant to this
section shall first be paid to satisfy the costs of the municipal
corporation for bringing the action under section 3767.52 of the
Revised Code and then shall be distributed according to the
priorities otherwise established by law, including to lienholders
whose liens are extinguished by the sale.
(E)(1) After a sale conducted pursuant to this section, the
housing or environmental division of the municipal court shall
make an entry on the journal that the court is satisfied of the
legality of the sale.
(2) Notwithstanding section 2329.36 of the Revised Code, the
municipal corporation who filed the complaint pursuant to division
(A) of section 3767.52 of the Revised Code shall file and record
the deed of the property in accordance with that section.
(F) As used in sections 3767.53 to 3767.56 of the Revised
Code, "qualified bidder" means one of the following:
(1) A lienholder of the property;
(2) A person who satisfies all of the following criteria:
(a) Has been prequalified, in accordance with section 3767.55
of the Revised Code;
(b) Has the capacity to remediate the conditions that
constitute blight of the blighted parcel;
(c) Has agreed, as a condition of the sale, to remediate the
conditions constituting blight within the time period the bidder
owns the property or within twelve months after the date of the
sale, whichever period of time is less, to the satisfaction of the
municipal corporation that commenced the action under section
3767.52 of the Revised Code in relation to the property.
Sec. 3767.55. A municipal corporation that commences a cause
of action under section 3767.52 of the Revised Code shall do the
following:
(A) Establish qualifications to allow a person to bid at a
sheriff's sale conducted pursuant to section 3767.54 of the
Revised Code, which shall include a requirement that the person be
a lienholder or be able and willing to remediate the conditions
that constitute blight of the unoccupied, blighted parcel and
agree to remediate the conditions within twelve months after the
date of the sale;
(B) Issue proof of qualification to a qualified bidder in a
form determined by the municipal corporation;
(C) Compile a list of qualified bidders for each sale;
(D) Provide the list of qualified bidders to the sheriff
conducting the sale at least one day prior to the sale.
Sec. 3767.56. If the successful qualified bidder of a
property sold under section 3767.54 of the Revised Code fails to
remediate the conditions constituting blight of the property
within the time period specified in that section, the municipal
corporation that commenced the cause of action under section
3767.52 of the Revised Code in relation to that property may
remediate the conditions constituting blight of the property, and
may take a judgment against the successful qualified bidder for
the costs of the remediation.
Section 2. That existing sections 323.47, 1901.18, 1901.185,
2303.26, 2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26,
2329.30, 2329.31, 2329.33, 2329.52, and 2909.07 of the Revised
Code are hereby repealed.
Section 3. Sections 3767.51, 3767.52, 3767.53, 3767.54,
3767.55, and 3767.56 of the Revised Code are hereby repealed,
effective December 31, 2019.
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