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H. B. No. 586 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Stautberg, Ruhl
Cosponsors:
Representatives Beck, Becker, Blessing, McClain, McGregor
A BILL
To amend sections 2329.151, 2329.17, 2329.18,
2329.19, 2329.20, 2329.271, 2329.28, 2329.34, and
2329.39 and to enact sections 2329.152 and
2329.311 of the Revised Code to permit private
selling officers to conduct judicial sales of real
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2329.151, 2329.17, 2329.18, 2329.19,
2329.20, 2329.271, 2329.28, 2329.34, and 2329.39 be amended and
sections 2329.152 and 2329.311 of the Revised Code be enacted to
read as follows:
Sec. 2329.151. All Except as provided in section 2329.152 of
the Revised Code, all public auctions of goods, chattels, or lands
levied upon by execution shall be conducted personally by an one
of the following:
(A) An officer of the court or by;
(B) For the public auction of goods and chattels, a resident
of this state licensed as an auctioneer under Chapter 4707. of the
Revised Code;
(C) For the public auction of lands, a resident of this state
licensed as both an auctioneer licensed under Chapter 4707. of the
Revised Code and as a real estate agent under Chapter 4735. of the
Revised Code.
Sec. 2329.152. (A) In every action demanding the judicial or
execution sale of real estate, the judgment creditor shall have
the right to elect that the real estate be sold at public auction
by a specified private selling officer. The judgment creditor
shall make this election, after the court grants a decree of
foreclosure and order of sale, by filing with the clerk of the
court a praecipe requesting the issuance of an order of sale to
the private selling officer identified in the praecipe. Upon the
filing of that praecipe and the determination of the appraised
value of the property pursuant to section 2329.17 of the Revised
Code, the clerk of the court shall immediately issue an order of
sale to the private selling officer, who shall advertise and sell
the real estate in conformity with applicable provisions of
sections 2329.01 to 2329.61 of the Revised Code.
(B) If an auction is held at a physical location within this
state, a private selling officer issued an order of sale pursuant
to division (A) of this section may accept written or
electronically transmitted bids, prior to the public auction, from
the judgment creditor or any lienholder who was a party to the
action and appeared in the action.
(C) No private selling officer issued an order of sale
pursuant to division (A) of this section shall require the payment
of a deposit by a judgment creditor or any lienholder who was a
party to the action and appeared in the action.
(D) A judgment creditor that elects that real estate be sold
at public auction by a private selling officer pursuant to
division (A) of this section may instruct the private selling
officer to postpone the sale of the real estate one or more times
for up to one hundred eighty days after the initial date for which
sale is set. Upon receiving such instruction for postponement, the
private selling officer shall postpone the sale by announcing at
the public auction that the sale is postponed and the date, time,
and location of the new sale. If the sale is online, the private
selling officer shall post this announcement on the web site
through which the sale was to be conducted. This announcement
shall serve as notice of the subsequent sale.
(E) The judicial or execution sale of real estate by a
private selling officer under this section is not required to be
held in the county in which the real estate is situated nor at the
courthouse in the county in which the real estate is situated but
rather may be held online or at any physical location within this
state.
(F) If the judgment creditor elects to have the real estate
sold by a private selling officer, the appraisal, publication, and
other expenses of a sale conducted under this section and the fee
charged by the private selling officer shall be paid by the
judgment creditor or from the judgment creditor's portion of the
proceeds of the sale. The private selling officer shall file with
the court that issued the order of sale an itemized report of all
appraisal, publication, and other expenses of a sale conducted
under this section and all fees charged by the private selling
officer for marketing the real estate or conducting the sale of
the real estate. None of these expenses or fees shall be included
in the amount necessary to redeem real estate under section
2329.33 of the Revised Code or in the calculation of any
deficiency judgment under section 2329.08 of the Revised Code.
(G)(1) The private selling officer who conducts a sale under
this section is authorized to do all of the following:
(a) Hire a resident title insurance agent certified under
Chapter 3953. of the Revised Code or resident title insurance
company authorized to do business under that chapter to assist the
private selling officer in performing administrative services;
(b) Execute to the purchaser, or to the purchaser's legal
representatives, a deed of conveyance of the real estate sold;
(c) Record on behalf of the purchaser the deed conveying
title to the real estate sold, notwithstanding that the deed may
not actually have been delivered to the purchaser prior to its
recording.
(2) By placing a bid at a sale conducted pursuant to this
section, a purchaser appoints the private selling officer who
conducts the sale as agent of the purchaser for the sole purpose
of accepting delivery of the deed.
(3) The private selling officer who conducts the sale shall
hire a resident title insurance agent certified under Chapter
3953. of the Revised Code or resident title insurance company
authorized to do business under that chapter to perform title,
escrow, and closing services related to the sale of the real
estate.
(H) As used in this section, "private selling officer" means
a resident of this state licensed as both an auctioneer under
Chapter 4707. of the Revised Code and as a real estate agent under
Chapter 4735. of the Revised Code.
Sec. 2329.17. (A) When execution is levied upon lands and
tenements, the officer who makes the levy shall call an inquest of
three disinterested freeholders, residents of the county where the
lands taken in execution are situated, and administer to them an
oath impartially to appraise the property so levied upon, upon
actual view. They forthwith shall return to such officer, under
their hands, an estimate of the real value of the property in
money appraised value of the property shall be the fair market
value of the property as shown on the records of the county
auditor, unless, for good cause shown, the court authorizes a
separate appraisal of the property. If a separate appraisal of the
property is obtained, the cost of the appraisal shall be included
as an expense of the sale pursuant to division (F) of section
2329.152 of the Revised Code.
(B) The municipal corporation or township in which the real
property is situated may inspect prior to the judicial sale any
structures located on lands subject to a writ of execution.
Sec. 2329.18. When an officer receives the return provided
for in division (A) of section 2329.17 of the Revised Code, the
officer forthwith shall deposit a copy of it with the clerk of the
court from which the writ issued, (A) If a court has ordered the
sheriff to advertise and sell the real estate for which the
appraised value has been determined pursuant to section 2329.17 of
the Revised Code, the sheriff shall immediately advertise and sell
the real estate in conformity with sections 2329.01 to 2329.61 of
the Revised Code.
(B) If the court has ordered a private selling officer to
advertise and sell the real estate for which the appraised value
has been determined pursuant to section 2329.17 of the Revised
Code, the private selling officer shall immediately advertise and
sell such the real estate in conformity with sections 2329.01 to
2329.61 of the Revised Code.
Sec. 2329.19. Upon the return determination of the estimate
provided for in appraised value pursuant to division (A) of
section 2329.17 of the Revised Code, if it appears by the
inquisition that two-thirds of the appraised value of the lands
and tenements levied upon is sufficient to satisfy the execution,
with costs, the judgment on which the execution issued shall not
operate as a lien on the residue of the debtor's estate to the
prejudice of any other judgment creditor.
Sec. 2329.20. No tract of land shall be sold for less than
two-thirds the amount of the appraised value returned in the
inquest required by as determined pursuant to section 2329.17 of
the Revised Code; except that. However, in all cases where 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. In such a case, the minimum amount to
shall be not less than two-thirds of the difference between the
appraised value of the real estate
appraised as provided
determined in such that section, and the amount remaining unpaid
on the claims or obligations secured by such prior lien.
Sec. 2329.271. (A)(1) Subject to division (A)(2) of this
section, the purchaser of lands and tenements taken in execution
shall submit to the officer who makes the sale the following
information:
(a) The name, address, and telephone number of the purchaser;
(b) If the lands and tenements taken in execution are
residential rental property and the residential rental property is
purchased by a trust, business trust, estate, partnership, limited
partnership, limited liability company, association, corporation,
or any other business entity, the name, address, and telephone
number of the following with the provision that the purchaser be
readily accessible through the identified contact person:
(i) A trustee, in the case of a trust or business trust;
(ii) The executor or administrator, in the case of an estate;
(iii) A general partner, in the case of a partnership or a
limited partnership;
(iv) A member, manager, or officer, in the case of a limited
liability company;
(v) An associate, in the case of an association;
(vi) An officer, in the case of a corporation;
(vii) A member, manager, or officer, in the case of any other
business entity.
(c) A statement indicating whether the purchaser will occupy
the lands and tenements.
(2) If the lands and tenements taken in execution are not
residential rental property and the purchaser of those lands and
tenements is a corporation, partnership, association, estate,
trust, or other business organization the only place of business
of which is in the county in which the real property is located,
the information required by divisions (A)(1)(a) and (c) of this
section shall be the contact information for the office of an
employee of the purchasing entity that is located in that county
and that the purchasing entity has designated to receive notices
or inquiries about the property. If the purchasing entity has a
place of business outside the county in which the real property is
located and the purchasing entity's principal place of business is
located in this state, the information required by divisions
(A)(1)(a) and (c) of this section shall be the contact information
for the office of an employee of the purchasing entity that is
located in this state and that the purchasing entity has
designated to receive notices or inquiries about the property. If
the purchasing entity's principal place of business is not located
in this state, the information required by divisions (A)(1)(a) and
(c) of this section shall be the contact information for a natural
person who is employed by the purchasing entity at the purchasing
entity's principal place of business outside of this state and
whom the purchasing entity has designated to receive notices or
inquiries about the property.
(B) The If the clerk of the court has ordered the sheriff to
advertise and sell the real estate, the information required by
division (A) of this section shall be part of the sheriff's record
of proceedings and shall be part of the record of the court of
common pleas. The information is a public record and open to
public inspection.
(C) If the clerk of the court has ordered a private selling
officer to advertise and sell the real estate, the information
required by division (A) of this section shall be part of the
record of the court of common pleas. The information is a public
record and open to public inspection.
Sec. 2329.28. The sheriff levying officer shall indorse on
the writ of execution his
the officer's proceedings thereon, and
the clerk of the court of common pleas, upon the return thereof,
immediately shall record all such indorsements at length, in the
execution docket, or other docket provided for that purpose. That
record shall be a part of the record of the court of common pleas.
Sec. 2329.311. (A) All levying officers appointed by a court
under this chapter to conduct the judicial or execution sale of
residential real estate consisting of one to four single-family
units shall submit quarterly reports to the attorney general for
the purpose of assessing the extent to which deadlines required by
this chapter are met. The reports shall include data on each such
sale conducted by the officer.
(B) The attorney general shall do all of the following:
(1) Establish and maintain a database comprised of the
information submitted by levying officers pursuant to division (A)
of this section;
(2) Make the information included in the database publicly
available;
(3) Adopt rules for the creation and administration of the
database.
Sec. 2329.34. Real property may be conveyed by a master
commissioner or special master only:
(A) When, by an order or a judgment in an action or
proceeding, a party is required to convey such property to
another, and he the party neglects or refuses to do so, and the
master is directed to convey on his the party's failure;
(B) When specific real property is sold by a master under an
order or judgment of the court appointing him the master. No court
shall make or issue an order to a master for the sale of real
estate except in response to a motion by a judgment creditor,
unless which motion shall be granted only if there exists some
special reason why the sale should not be made by the sheriff of
the county where the decree or order was made, which reason, if or
by a private selling officer. If the court finds any such reason
to exist, that reason shall be embodied in and made part of the
judgment, order, or decree for such sale.
Sec. 2329.39. Sale Except as provided in section 2329.152 of
the Revised Code, sale of lands or tenements under execution or
order of sale must be held in the county in which they are
situated and at the courthouse, unless otherwise ordered by the
court. Purchase of real or personal property, by the officer
making the sale thereof, or by an appraiser of such property,
shall be fraudulent and void.
Section 2. That existing sections 2329.151, 2329.17,
2329.18, 2329.19, 2329.20, 2329.271, 2329.28, 2329.34, and 2329.39
of the Revised Code are hereby repealed.
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