130th Ohio General Assembly
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H. B. No. 586  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 586


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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