Bill Text: OH HB223 | 2013-2014 | 130th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: On that date.

Spectrum: Slight Partisan Bill (Democrat 31-16)

Status: (Engrossed - Dead) 2014-04-07 - To Finance [HB223 Detail]

Download: Ohio-2013-HB223-Comm_Sub.html

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As Reported by the House Financial Institutions, Housing, and Urban Development Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 223

Representatives Grossman, Curtin 

Cosponsors: Representatives Stinziano, Becker, Roegner, Lundy, Duffey, Mallory, Fedor, Hackett, Williams, Antonio, Beck, Driehaus 

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A BILL

To amend sections 323.47, 1901.18, 1901.185, 2303.26,

1

2329.01, 2329.02, 2329.20, 2329.21, 2329.23,

2

2329.26, 2329.30, 2329.31, 2329.33, 2329.52, and

3

2909.05 and to enact sections 2308.01 to 2308.04,

4

2329.211, 2329.311, and 3767.51 to 3767.56 of the

5

Revised Code to establish summary actions to

6

foreclose mortgages on vacant and abandoned

7

residential properties, to expedite the

8

foreclosure and transfer of unoccupied, blighted

9

parcels, to make other changes relative to

10

residential foreclosure actions, and to terminate

11

certain provisions of this act on December 31,

12

2019, by repealing sections 3767.51, 3767.52,

13

3767.53, 3767.54, 3767.55, and 3767.56 of the

14

Revised Code on that date.

15

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 323.47, 1901.18, 1901.185, 2303.26,	16
2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26, 2329.30,	17
2329.31, 2329.33, 2329.52, and 2909.05 be amended and sections	18
2308.01, 2308.02, 2308.03, 2308.04, 2329.211, 2329.311, 3767.51,	19
3767.52, 3767.53, 3767.54, 3767.55, and 3767.56 of the Revised	20
Code be enacted to read as follows:	21

Sec. 323.47. (A) If land held by tenants in common is sold	22
upon proceedings in partition, or taken by the election of any of	23
the parties to such proceedings, or real estate is sold by	24
administrators, executors, guardians, or trustees, the court shall	25
order that the taxes, penalties, and assessments then due and	26
payable, and interest on those taxes, penalties, and assessments,	27
that are or will be a lien on such land or real estate at the time	28
the deed is transferred following the sale, be discharged out of	29
the proceeds of such sale or election. For purposes of determining	30
such amount, the county treasurer shall estimate the amount of	31
taxes, assessments, interest, and penalties that will be payable	32
at the time the deed of the property is transferred to the	33
purchaser. If the county treasurer's estimate exceeds the amount	34
of taxes, assessments, interest, and penalties actually payable	35
when the deed is transferred to the purchaser, the officer who	36
conducted the sale shall refund to the purchaser the difference	37
between the estimate and the amount actually payable. If the	38
amount of taxes, assessments, interest, and penalties actually	39
payable when the deed is transferred to the purchaser exceeds the	40
county treasurer's estimate, the officer shall certify the amount	41
of the excess to the treasurer, who shall enter that amount on the	42
real and public utility property tax duplicate opposite the	43
property; the amount of the excess shall be payable at the next	44
succeeding date prescribed for payment of taxes in section 323.12	45
of the Revised Code.	46

(B)(1) If real estate is sold at judicial sale, the court	47
shall order that the total of the following amounts shall be	48
discharged out of the proceeds of the sale but only to the extent	49
of such proceeds:	50

(a) Taxes and assessments the lien for which attaches before	51
the confirmation of sale but that are not yet determined,	52
assessed, and levied for the year in which confirmation occurs,	53
apportioned pro rata to the part of that year that precedes	54
confirmation, and any penalties and interest on those taxes and	55
assessments;	56

(b) All other taxes, assessments, penalties, and interest the	57
lien for which attached for a prior tax year but that have not	58
been paid on or before the date of confirmation.	59

(2) Upon the request of the officer who conducted the sale,	60
the county treasurer shall estimate the amount in division	61
(B)(1)(a) of this section. If the county treasurer's estimate	62
exceeds that amount, the officer who conducted the sale shall	63
refund to the purchaser the difference between the estimate and	64
the actual amount. If the actual amount exceeds the county	65
treasurer's estimate, the officer shall certify the amount of the	66
excess to the treasurer, who shall enter that amount on the real	67
and public utility property tax duplicate opposite the property;	68
the amount of the excess shall be payable at the next succeeding	69
date prescribed for payment of taxes in section 323.12 of the	70
Revised CodeThe purchaser of real estate at a judicial sale is	71
responsible for payment of any and all taxes and assessments, and	72
any penalties and interest on those taxes and assessments, that	73
attach as of the day following the date of the sale, including	74
taxes and assessments levied for the year in which the sale	75
occurred, apportioned pro rata after the date of the judicial	76
sale, and any penalties and interest on those taxes and	77
assessments.	78

Sec. 1901.18.  (A) Except as otherwise provided in this	79
division or section 1901.181 of the Revised Code, subject to the	80
monetary jurisdiction of municipal courts as set forth in section	81
1901.17 of the Revised Code, a municipal court has original	82
jurisdiction within its territory in all of the following actions	83
or proceedings and to perform all of the following functions:	84

(1) In any civil action, of whatever nature or remedy, of	85
which judges of county courts have jurisdiction;	86

(2) In any action or proceeding at law for the recovery of	87
money or personal property of which the court of common pleas has	88
jurisdiction;	89

(3) In any action at law based on contract, to determine,	90
preserve, and enforce all legal and equitable rights involved in	91
the contract, to decree an accounting, reformation, or	92
cancellation of the contract, and to hear and determine all legal	93
and equitable remedies necessary or proper for a complete	94
determination of the rights of the parties to the contract;	95

(4) In any action or proceeding for the sale of personal	96
property under chattel mortgage, lien, encumbrance, or other	97
charge, for the foreclosure and marshalling of liens on personal	98
property of that nature, and for the rendering of personal	99
judgment in the action or proceeding;	100

(5) In any action or proceeding to enforce the collection of	101
its own judgments or the judgments rendered by any court within	102
the territory to which the municipal court has succeeded, and to	103
subject the interest of a judgment debtor in personal property to	104
satisfy judgments enforceable by the municipal court;	105

(6) In any action or proceeding in the nature of	106
interpleader;	107

(7) In any action of replevin;

108

(8) In any action of forcible entry and detainer;

109

(9) In any action concerning the issuance and enforcement of	110
temporary protection orders pursuant to section 2919.26 of the	111
Revised Code or protection orders pursuant to section 2903.213 of	112
the Revised Code or the enforcement of protection orders issued by	113
courts of another state, as defined in section 2919.27 of the	114
Revised Code;	115

(10) If the municipal court has a housing or environmental	116
division, in any action over which the division is given	117
jurisdiction by section 1901.181 of the Revised Code, provided	118
that, except as specified in division (B) of that section, no	119
judge of the court other than the judge of the division shall hear	120
or determine any action over which the division has jurisdiction;	121

(11) In any action brought pursuant to division (I) of	122
section 4781.40 of the Revised Code, if the residential premises	123
that are the subject of the action are located within the	124
territorial jurisdiction of the court;	125

(12) In any civil action as described in division (B)(1) of	126
section 3767.41 of the Revised Code that relates to a public	127
nuisance, and, to the extent any provision of this chapter	128
conflicts or is inconsistent with a provision of that section, the	129
provision of that section shall control in the civil action;	130

(13) In a proceeding brought pursuant to section 955.222 of	131
the Revised Code by the owner of a dog that has been designated as	132
a nuisance dog, dangerous dog, or vicious dog.	133

(B) The Cleveland and Toledo municipal courtcourts also	134
shall have jurisdiction within itstheir territory in all of the	135
following actions or proceedings and to perform all of the	136
following functions:	137

(1) In all actions and proceedings for the sale of real	138
property under lien of a judgment of the municipal court or a lien	139
for machinery, material, or fuel furnished or labor performed,	140
irrespective of amount, and, in those actions and proceedings, the	141
court may proceed to foreclose and marshal all liens and all	142
vested or contingent rights, to appoint a receiver, and to render	143
personal judgment irrespective of amount in favor of any party.	144

(2) In all actions for the foreclosure of a mortgage on real	145
property given to secure the payment of money or the enforcement	146
of a specific lien for money or other encumbrance or charge on	147
real property, when the amount claimed by the plaintiff does not	148
exceed fifteen thousand dollars and the real property is situated	149
within the territory, and, in those actions, the court may proceed	150
to foreclose all liens and all vested and contingent rights and	151
may proceed to render judgments and make findings and orders	152
between the parties in the same manner and to the same extent as	153
in similar actions in the court of common pleas.	154

(3) In all actions for the recovery of real property situated	155
within the territory to the same extent as courts of common pleas	156
have jurisdiction;	157

(4) In all actions for injunction to prevent or terminate	158
violations of the ordinances and regulations of the city of	159
Cleveland or Toledo enacted or promulgated under the police power	160
of the city of Cleveland or Toledo, pursuant to Section 3 of	161
Article XVIII, Ohio Constitution, over which the court of common	162
pleas has or may have jurisdiction, and, in those actions, the	163
court may proceed to render judgments and make findings and orders	164
in the same manner and to the same extent as in similar actions in	165
the court of common pleas.	166

Sec. 1901.185. (A) In addition to jurisdiction otherwise	167
granted in this chapter, the environmental division, where	168
established, of the municipal court shall have jurisdiction within	169
its territory in all of the following actions or proceedings and	170
to perform all of the following functions:	171

(A)(1) To exercise exclusive original jurisdiction to hear	172
actions arising under section 3767.50 of the Revised Code and in	173
those actions to make findings and orders pertaining to blighted	174
parcels;	175

(B)(2) When in aid of execution of a judgment of the	176
environmental division of the municipal court rendered pursuant to	177
section 3767.50 of the Revised Code, in actions for the	178
foreclosure of a mortgage on real property given to secure the	179
payment of money, or the enforcement of a specific lien for money	180
or other encumbrance or charge on real property, when the real	181
property is situated within the territory, to foreclose all liens	182
and all vested and contingent rights, render judgments, and make	183
findings and orders, between the parties, in the same manner and	184
to the same extent as in similar cases in the court of common	185
pleas.	186

(B) In addition to jurisdiction otherwise granted in this	187
chapter, the housing or environmental division, where established,	188
of the municipal court shall have jurisdiction within its	189
territory to exercise exclusive original jurisdiction to hear	190
actions arising under section 2308.02 of the Revised Code and in	191
those actions to make findings and orders pertaining to vacant and	192
abandoned properties pursuant to section 2308.02 of the Revised	193
Code.	194

(C) For the time period beginning on the effective date of	195
this amendment and ending December 31, 2019, in addition to	196
jurisdiction otherwise granted in this chapter, the housing or	197
environmental division, where established, of the municipal court	198
shall have jurisdiction within its territory to exercise exclusive	199
original jurisdiction to hear actions arising under section	200
3767.52 of the Revised Code and in those actions to make findings	201
and orders pertaining to unoccupied, blighted parcels pursuant to	202
sections 3767.52 and 3767.53 of the Revised Code.	203

Sec. 2303.26.  The clerk of the court of common pleas shall	204
exercise the powers conferred and perform the duties enjoined upon	205
himthe clerk by statute and by the common law; and in the	206
performance of hisofficial duties hethe clerk shall be under the	207
direction of hissuch court. The clerk shall not restrict,	208
prohibit, or otherwise modify the rights of parties to seek	209
service on party defendants allowed by the Ohio rules of civil	210
procedure, either singularly or concurrently.	211

Sec. 2308.01. As used in this chapter:

212

(A) "Residential mortgage loan" means a loan or agreement to	213
extend credit, including the renewal, refinancing, or modification	214
of such a loan or agreement, that is made to a person and that is	215
primarily secured by a mortgage, deed of trust, or other lien upon	216
any interest in residential property or any certification of stock	217
or other evidence of ownership in, and a proprietary lease from, a	218
corporation or partnership formed for the purpose of cooperative	219
ownership of residential property.	220

(B) "Residential property" means real property located within	221
this state consisting of land and a structure on that land	222
containing four or fewer dwelling units, each of which is intended	223
for occupancy by a separate household. "Residential property"	224
includes a residential condominium unit owned by an individual,	225
notwithstanding the number of units in the structure, but does not	226
include a manufactured or mobile home that is not taxed as real	227
property.	228

Sec. 2308.02.  (A) For purposes of this section, a	229
residential property shall be considered vacant and abandoned if	230
both of the following apply:	231

(1) The owner of the residential property is in default on	232
the residential mortgage loan secured by the residential property.	233

(2) Two or more of the following circumstances apply:

234

(a) At the time of the inspection of the land by the	235
appropriate official of a county, municipal corporation, or	236
township in which the land is located or by the holder of the	237
mortgage note, or the holder's representative, no person is	238
visibly present from an exterior inspection of the property.	239

(b) No utility connections, including water, sewer, natural	240
gas, or electric connections, service the property, or no such	241
utility connections are actively being billed by any utility	242
provider regarding the property.	243

(c) The property is sealed because, immediately prior to	244
being sealed, it was considered by the appropriate official to be	245
open, vacant, or vandalized.	246

(d) Junk, litter, trash, debris, or hazardous, noxious, or	247
unhealthy substances or materials have accumulated on the	248
property.	249

(e) Furnishings, window treatments, and personal items are	250
absent from the structure on the land.	251

(f) Neighbors, delivery persons, or government employees	252
provide statements indicating that the structure on the land is	253
vacant and abandoned.	254

(g) A risk to the health and safety or welfare of the public,	255
or any adjoining or adjacent property owners, exists due to acts	256
of vandalism, loitering, criminal conduct, or the physical	257
destruction or deterioration of the property.	258

(h) A mortgagor issues a written statement expressing clear	259
intent of all mortgagors to abandon the property.	260

(i) Any other reasonable indicia of abandonment exists.

261

(B) In addition to the procedures set forth in sections	262
323.65 to 323.79 and 3767.50 of the Revised Code, if a residential	263
mortgage loan is secured by residential property that appears to	264
be vacant and abandoned pursuant to division (A)(2) of this	265
section, and the owner of the residential property is in default	266
on the loan, the holder of the mortgage note for that residential	267
mortgage loan may bring a summary action in a court of competent	268
jurisdiction to foreclose that residential mortgage loan. The	269
holder of the mortgage note, at the time of filing a foreclosure	270
action or any time thereafter, may file with the court a motion to	271
proceed in a summary manner if the residential property that is	272
the subject of the foreclosure action is believed to be vacant and	273
abandoned.	274

(C) If, at the time that a holder of a mortgage note brings	275
an action to foreclose on a residential mortgage loan, the holder	276
files a motion for summary foreclosure under this section, the	277
court shall hear the motion for summary foreclosure not earlier	278
than before the period to answer the foreclosure complaint has	279
expired and not later than fifteen days after the period to answer	280
the foreclosure complaint has expired. If the holder of the	281
mortgage note files the motion for summary foreclosure after the	282
period to answer the foreclosure complaint has expired, the court	283
shall hear the motion not later than fifteen days after the motion	284
is filed.	285

(D) The hearing on a motion for summary foreclosure shall be	286
given priority by the court and shall be scheduled to be heard	287
within the applicable time period set forth in division (C) of	288
this section.	289

(E) In addition to the service of process required by the	290
Rules of Civil Procedure, to obtain an entry of judgment in a	291
residential mortgage loan foreclosure action under this section, a	292
holder of a mortgage note shall establish that a process server or	293
sheriff has made two unsuccessful attempts to serve the mortgagor	294
or occupant at the residential property. To satisfy the	295
requirement specified in this division, the holder of the mortgage	296
note shall demonstrate that the attempts were at least forty-eight	297
hours apart and during different times of the day.	298

(F) In addition to any notices required to be served by law	299
or the Rules of Civil Procedure, a holder of a mortgage note shall	300
serve a notice that the holder is seeking, on the date fixed by	301
the court, to proceed summarily for entry of judgment in a	302
residential mortgage loan foreclosure action under this section	303
because the property is believed to be vacant and abandoned. This	304
notice shall be served by ordinary mail to the mortgagor's last	305
known address, and the sender shall obtain a certificate of	306
mailing. Service by ordinary mail is complete when the certificate	307
of mailing is obtained, unless the notice is returned showing	308
failure of delivery.	309

(G) The court may enter a judgment in a final residential	310
mortgage loan foreclosure action under this section upon a finding	311
by clear and convincing evidence that the residential property is	312
vacant and abandoned and that a review of the pleadings and	313
documents filed with the court supports the entry of a judgment.	314
The holder of the mortgage note has the burden of proof to	315
demonstrate that the residential property should be held to be	316
vacant and abandoned.	317

(H) A court shall not enter a judgment in a final residential	318
mortgage loan foreclosure action under this section if a court	319
finds that either of the following applies:	320

(1) The residential property is not vacant or abandoned as	321
described in division (A) of this section.	322

(2) The mortgagor or any other defendant has filed an answer,	323
appearance, or other written objection that is not withdrawn and	324
the defenses or objection asserted provide cause to preclude the	325
entry of a final judgment.	326

(I) If a judgment in a final residential mortgage loan	327
foreclosure action under this section is not entered on the date	328
fixed by the court to proceed summarily, the court shall dismiss	329
the motion for a summary foreclosure.	330

(J) Nothing in this section shall supersede or limit other	331
procedures adopted by the court to resolve residential mortgage	332
loan foreclosure actions, including foreclosure mediation.	333

(K) If the court holds that a residential property is vacant	334
and abandoned under division (G) of this section and enters a	335
judgment on a residential mortgage loan foreclosure action under	336
this section, the sheriff shall sell the property within	337
seventy-five days after the sheriff's receipt of any writ of	338
execution issued by the court in accordance with the procedures	339
specified in this chapter and Chapter 2329. of the Revised Code.	340

(L) If a residential property becomes vacant and abandoned	341
after a decree of foreclosure has been entered, upon good cause	342
shown, the plaintiff may file a motion that the court determine	343
the property to be vacant and abandoned as described in division	344
(A) of this section and sell it pursuant to division (K) of this	345
section. If a court holds that the residential property is vacant	346
and abandoned, the court shall enter a judgment on the residential	347
mortgage loan foreclosure action under this section and the	348
sheriff shall sell the property in accordance with division (K) of	349
this section.	350

Sec. 2308.03.  (A) If a residential property is held to be	351
vacant and abandoned under section 2308.02 of the Revised Code, a	352
holder of a mortgage note on the residential property may enter	353
that property to secure and protect it from damage any time after	354
the holder has filed a residential mortgage loan foreclosure	355
action on that property.	356

(B) A holder of a mortgage note who has not filed a	357
residential mortgage loan foreclosure action on a property for	358
which the holder holds a mortgage may enter and secure that	359
property only if the mortgage contract or other documents provide	360
for such an entry.	361

(C) During the five-year period following the effective date	362
of this section, a plaintiff in a residential mortgage loan	363
foreclosure action who has a good faith belief that the property	364
is abandoned may provide the court with documentation of a good	365
faith belief that the owner has abandoned the property and request	366
the court to deny the owner the equitable and statutory rights to	367
redemption of the mortgage on that property.	368

Sec. 2308.04.  A person who is an owner of residential	369
property who knowingly causes physical harm to that property after	370
the person has been personally served with a summons and complaint	371
in a residential mortgage loan foreclosure action relating to that	372
property is guilty of vandalism in violation of section 2909.05 of	373
the Revised Code.	374

Sec. 2329.01. (A) Lands and tenements, including vested	375
legal interests therein, permanent leasehold estates renewable	376
forever, and goods and chattels, not exempt by law, shall be	377
subject to the payment of debts, and liable to be taken on	378
execution and sold as provided in sections 2329.02 to 2329.61,	379
inclusive, of the Revised Code.	380

(B) As used in sections 2329.02 to 2329.61 of the Revised	381
Code, "residential mortgage loan" and "residential property" have	382
the same meanings as in section 2308.01 of the Revised Code.	383

Sec. 2329.02. (A) Any judgment or decree rendered by any	384
court of general jurisdiction, including district courts of the	385
United States, within this state shall be a lien upon lands and	386
tenements of each judgment debtor within any county of this state	387
from the time there is filed in the office of the clerk of the	388
court of common pleas of such county a certificate of such	389
judgment, setting forth the court in which the same was rendered,	390
the title and number of the action, the names of the judgment	391
creditors and judgment debtors, the amount of the judgment and	392
costs, the rate of interest, if the judgment provides for	393
interest, and the date from which such interest accrues, the date	394
of rendition of the judgment, and the volume and page of the	395
journal entry thereof.	396

(B) No such judgment or decree shall be a lien upon any	397
lands, whether or not situated within the county in which such	398
judgment is rendered, registered under sections 5309.02 to	399
5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the	400
Revised Code, until a certificate under the hand and official seal	401
of the clerk of the court in which the same is entered or of	402
record, stating the date and purport of the judgment, giving the	403
number of the case, the full names of the parties, plaintiff and	404
defendant, and the volume and page of the journal or record in	405
which it is entered, or a certified copy of such judgment, stating	406
such facts, is filed and noted in the office of the county	407
recorder of the county in which the land is situated, and a	408
memorial of the same is entered upon the register of the last	409
certificate of title to the land to be affected.	410

Such certificate shall be made by the clerk of the court in	411
which the judgment was rendered, under the seal of said court,	412
upon the order of any person in whose favor such judgment was	413
rendered or upon the order of any person claiming under hima	414
person in whose favor such judgment was rendered, and shall be	415
delivered to the party so ordering the same; and the fee therefor	416
shall be taxed in the costs of the action.	417

(C) When any such certificate is delivered to the clerk of	418
the court of common pleas of any county in this state, the same	419
shall be filed by such clerk, and hethe clerk shall docket and	420
index it under the names of the judgment creditors and the	421
judgment debtors in a judgment docket, which shall show as to each	422
judgment all of the matters set forth in such certificate as	423
required by this section. The fee for such filing, docketing, and	424
indexing shall be taxed as increased costs of such judgment upon	425
such judgment docket and shall be included in the lien of the	426
judgment.	427

(D) When the clerk of any court, other than that rendering	428
the judgment, in whose office any such certificate is filed, has	429
docketed and indexed the same, hethe clerk shall indorse upon	430
such certificate the fact of such filing with the date thereof and	431
the volume and page of the docket entry of such certificate and	432
shall return the same so indorsed to the clerk of the court in	433
which the judgment was rendered, who shall note upon the original	434
docket the fact of the filing of said certificate, showing the	435
county in which the same was filed and the date of such filing.	436
When such certificate is filed, docketed, and indexed in the	437
office of the clerk of the court which rendered the judgment, such	438
clerk shall likewise indorse the certificate and make like	439
notation upon the original docket.	440

Each such judgment shall be deemed to have been rendered in	441
the county in which is kept the journal of the court rendering the	442
same, in which journal such judgment is entered.	443

(E) Certificates or certified copies of judgments or decrees	444
of any courts of general jurisdiction, including district courts	445
of the United States, within this state, may be filed, registered,	446
noted, and memorials thereof entered, in the office of the	447
recorder of any county in which is situated land registered under	448
sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21,	449
inclusive, of the Revised Code, for the purpose of making such	450
judgments liens upon such registered land.	451

(F) Notwithstanding any other provision of the Revised Code,	452
any judgment issued in a court of record may be transferred to any	453
other court of record. Any proceedings for collection may be had	454
on such judgment the same as if it had been issued by the	455
transferee court.	456

(G) When a clerk files a judgment of foreclosure in a	457
residential mortgage loan foreclosure action, the clerk shall	458
provide notice of that filing to the judgment debtor, the judgment	459
creditor, and any lienholder who has appeared in the action.	460

Sec. 2329.20. NoExcept as otherwise provided in this	461
section or sections 2329.51 and 2329.52 of the Revised Code, no	462
tract of land shall be sold for less than two-thirds of the value	463
returned in the inquest required by section 2329.17 of the Revised	464
Code; except that in. In all cases wherein which a junior	465
mortgage or other junior lien is sought to be enforced against	466
real estate by an order, judgment, or decree of court, subject to	467
a prior lien thereon, and such prior lien, and the claims or	468
obligations secured thereby, are unaffected by such order,	469
judgment, or decree, the court making such order, judgment, or	470
decree, may determine the minimum amount for which such real	471
estate may be sold, such minimum amount to be not less than	472
two-thirds of the difference between the value of the real estate	473
appraised as provided in such section, and the amount remaining	474
unpaid on the claims or obligations secured by such prior lien.	475
The price at which a foreclosed residential property sells at a	476
sheriff's auction shall not be used as a basis for establishing	477
the market value of any other property.	478

Sec. 2329.21.  If the sum bid by the purchaser for the real	479
estate sold under section 2329.20 of the Revised Code relating to	480
the enforcement of junior liens is insufficient to pay the costs	481
and allowance which the court has determined prior to such sale	482
should be paid out of the proceeds thereof, pursuant to the terms	483
of the mortgage or lien sought to be enforced, then the purchaser,	484
in addition to the amount of histhe purchaser's bid, must pay a	485
sum which with the amount so bid will be sufficient to pay the	486
costs and allowances. The court may fix the amount remaining	487
unpaid on such claims or obligations for the purpose of the sale,	488
and to that end require the parties to the suit to furnish to it	489
satisfactory evidence of such unpaid amount. The advertisement for	490
the sale of real estate sold under section 2329.20 of the Revised	491
Code shall state that the purchaser shall be responsible for those	492
costs and allowances that the proceeds of the sale are	493
insufficient to cover.	494

Sec. 2329.211.  A successful purchaser at a sale of lands and	495
tenements taken in execution shall make a deposit in the amount of	496
five per cent of the appraised value of the property, but not less	497
than five thousand dollars or more than ten thousand dollars, to	498
the officer conducting the sale. The deposit is due at the time of	499
sale, unless the purchaser is the plaintiff in the action or the	500
judgment creditor. In that case, the deposit shall be tendered to	501
the officer by the close of business the day of the sale. Failure	502
of the purchaser to timely make its deposit shall invalidate the	503
sale.	504

Sec. 2329.23.  All notices and advertisements for the sale of	505
lands and tenements located in a municipal corporation, made by	506
virtue of the proceedings in a court of record, in addition to a	507
description of the lands and tenements, shall contain the street	508
number of the buildings erected on the lands, or the street number	509
of the lots offered for sale. If no such number exists, then the	510
notice or advertisement shall contain the name of the street or	511
road upon which the lands and tenements are located together with	512
the names of the streets or roads immediately north and south or	513
east and west of the lands and tenements that cross or intersect	514
the street or road upon which they are located. The notice or	515
advertisement shall, if applicable, include the web site address	516
of the officer who makes the sale that allows a person to obtain a	517
complete legal description of the lands and tenements.	518

All notices and advertisements for the sale of residential	519
property located in a municipal corporation, made by virtue of the	520
proceeding in a court of record pursuant to a mortgage loan	521
foreclosure action, shall include the provisional date for a	522
second sale of the property, should the property not sell for the	523
minimum bid established pursuant to section 2329.20 of the Revised	524
Code.	525

Sec. 2329.26.  (A) Lands and tenements taken in execution	526
shall not be sold until all of the following occur:	527

(1)(a) Except as otherwise provided in division (A)(1)(b) of	528
this section, the judgment creditor who seeks the sale of the	529
lands and tenements or the judgment creditor's attorney does both	530
of the following:	531

(i) Causes a written notice of the date, time, and place of	532
the sale, and of the provisional second sale described in division	533
(B) of section 2329.52 of the Revised Code, if applicable, to be	534
served in accordance with divisions (A) and (B) of Civil Rule 5	535
upon the judgment debtor and upon each other party to the action	536
in which the judgment giving rise to the execution was rendered;	537

(ii) At least seven calendar days prior to the date of the	538
sale, files with the clerk of the court that rendered the judgment	539
giving rise to the execution a copy of the written notice	540
described in division (A)(1)(a)(i) of this section with proof of	541
service endorsed on the copy in the form described in division (D)	542
of Civil Rule 5.	543

(b) Service of the written notice described in division	544
(A)(1)(a)(i) of this section is not required to be made upon any	545
party who is in default for failure to appear in the action in	546
which the judgment giving rise to the execution was rendered.	547

(2) The officer taking the lands and tenements gives public	548
notice of the date, time, and place of the sale, and of the	549
provisional second sale described in division (B) of section	550
2329.52 of the Revised Code, if applicable, once a week for at	551
least three consecutive weeks before the day of sale by	552
advertisement in a newspaper of general circulation in the county.	553
The newspaper shall meet the requirements of section 7.12 of the	554
Revised Code. The court ordering the sale may designate in the	555
order of sale the newspaper in which this public notice shall be	556
published.	557

(3) The officer taking the lands and tenements shall collect	558
the purchaser's information required by section 2329.271 of the	559
Revised Code.	560

(B) A sale of lands and tenements taken in execution may be	561
set aside in accordance with division (A) or (B) of section	562
2329.27 of the Revised Code.	563

Sec. 2329.30.  The court from which an execution or order of	564
sale issues, upon notice and motion of the officer who makes the	565
sale or of an interested party, may punish any purchaser of lands	566
and tenements who fails to pay within thirty days of the	567
confirmation of the sale the balance due on the purchase price of	568
the lands and tenements by forfeiting the sale of the lands and	569
tenements and returning any deposit paid in connection with the	570
sale of the lands and tenements, by forfeiting any deposit paid in	571
connection with the sale of the lands and tenements, as for	572
contempt, or in any other manner the court considers appropriate.	573
Upon motion, the court shall order the return of any remaining	574
portion of the deposit of the purchaser, less the costs of a	575
subsequent sale and any other remedy the court considers	576
appropriate. The effect of an order for contempt for failure of	577
the purchaser to pay shall be considered an order to void the	578
confirmation of sale and transfer.	579

Sec. 2329.31. (A) Upon the return of any writ of execution	580
for the satisfaction of which lands and tenements have been sold,	581
on careful examination of the proceedings of the officer making	582
the sale, if the court of common pleas finds that the sale was	583
made, in all respects, in conformity with sections 2329.01 to	584
2329.61 of the Revised Code, it shall, within thirty days of the	585
return of the writ, direct the clerk of the court of common pleas	586
to make an entry on the journal that the court is satisfied of the	587
legality of such sale and that the attorney who filed the writ of	588
execution make to the purchaser a deed for the lands and	589
tenements. Nothing in this section prevents the court of common	590
pleas from staying the confirmation of the sale to permit a	591
property owner time to redeem the property or for any other reason	592
that it determines is appropriate. In those instances, the sale	593
shall be confirmed within thirty days after the termination of any	594
stay of confirmation.	595

(B) The officer making the sale shall require the purchaser,	596
including a lienholder, to pay within thirty days of the	597
confirmation of the sale the balance due on the purchase price of	598
the lands and tenements.	599

(C) The officer making the sale shall record the prepared	600
deed required by section 2329.36 of the Revised Code within	601
fourteen days after the confirmation of sale or payment of the	602
balance due, whichever is later. If the deed is not prepared or	603
recorded within the fourteen-day period, the order of confirmation	604
shall serve to transfer the title of the property to the purchaser	605
as described in division (D) of this section.	606

(D) The order of confirmation shall, upon the expiration of	607
the fourteen-day period described in division (C) of this section	608
and unless stayed by the court pending timely appeal along with	609
the posting of an adequate supersedeas bond, serve to transfer the	610
title of the property to the purchaser. The plaintiff, or the	611
plaintiff's attorney, shall cause a certified copy of the order of	612
confirmation to be recorded in the office of the county recorder.	613
The clerk shall issue a copy of the order to the county auditor to	614
transfer record ownership of the property for the purpose of real	615
estate taxes. Real estate taxes coming due after the date of the	616
confirmation of sale shall not prohibit the auditor from	617
transferring ownership of the property on its records or cause the	618
recorder to deny recording. The real estate taxes shall become the	619
responsibility of the new title holder of the property. The	620
sheriff shall not require the confirmation of sale to be amended	621
for taxes not due and payable as of the date of the sale.	622

Sec. 2329.311.  In sales of lands and tenements taken in	623
execution or order of sale, the judgment creditor and the first	624
lienholder each have the right to redeem the property within	625
fourteen days after the sale by paying the purchase price. The	626
redeeming party shall pay the purchase price to the clerk of the	627
court in which the judgment was rendered or the order of sale was	628
made. Upon timely payment, the court shall proceed as described in	629
section 2329.31 of the Revised Code, with the redeeming party	630
considered the successful purchaser at sale.	631

Sec. 2329.33. InExcept as provided in division (C) of	632
section 2308.03 or any other section of the Revised Code, in sales	633
of real estate on execution or order of sale, at any time before	634
the confirmation thereof, the debtor may redeem it from sale by	635
depositing in the hands of the clerk of the court of common pleas	636
to which such execution or order is returnable, the amount of the	637
judgment or decree upon which such lands were sold, with all	638
costs, including poundage, and interest at the rate of eight per	639
cent per annum on the purchase money from the day of sale to the	640
time of such deposit, except where the judgment creditor is the	641
purchaser, the interest at such rate on the excess above histhe	642
judgment creditor's claim. TheRedemption of the debtor is a	643
satisfaction of the judgment against the debtor only and shall not	644
serve to discharge the judgment debtor of the judgment creditor's	645
advancements for real estate taxes, insurance premium, and	646
property protection if such a requirement was included in the	647
judgment. Upon successful redemption, the judgment debtor may	648
petition the court to require the judgment creditor to provide an	649
itemization of those advances within a reasonable amount of time	650
for payment by the judgment debtor. Should the judgment debtor pay	651
all sums required by this section, the court of common pleas	652
thereupon shall make an order setting aside such sale, and apply	653
the deposit to the payment of such judgment or decree and costs,	654
and award such interest to the purchaser, who shall receive from	655
the officer making the sale the purchase money paid by himthe	656
purchaser, and the interest from the clerk. This section does not	657
take away the power of the court to set aside such sale for any	658
reason for which it might have been set aside prior to April 16,	659
1888.	660

Sec. 2329.52. When(A) Except as otherwise provided in	661
division (B) of this section, when premises are ordered to be	662
sold, if said premises, or a part thereof, remain unsold for want	663
of bidders after having been once appraised, advertised, and	664
offered for sale, the court from which the order of sale issued	665
may, on motion of the plaintiff or defendant and from time to time	666
until said premises are disposed of, order a new appraisement and	667
sale or direct the amount for which said premises, or a part	668
thereof, may be sold.	669

The court may order that the premises be sold as follows: One	670
third cash in hand, one third in nine months from the day of sale,	671
and the remaining one third in eighteen months from the day of	672
sale, the deferred payments to draw interest at six per cent and	673
be secured by a mortgage on the premises.	674

(B) When a residential property is ordered to be sold	675
pursuant to a residential mortgage loan foreclosure action, if the	676
property remains unsold after the first auction with a minimum bid	677
of two-thirds of the appraised value as established pursuant to	678
section 2329.17 of the Revised Code, a second auction shall be	679
held with no set minimum bid, and the residential property shall	680
be sold to the highest bidder. This second auction shall be held	681
not earlier than seven days and not later than thirty days after	682
the first auction. As a condition of the second auction, the	683
purchaser shall pay, in addition to the amount bid, a deposit to	684
the sheriff to be used to pay the costs and allowances of the	685
sale. This deposit shall be not less than five thousand dollars	686
and not more than ten thousand dollars, as determined by the	687
sheriff. The sheriff shall return the deposit, less the amount	688
used for costs and allowances, to the purchaser. A residential	689
property that remains unsold after two auctions may be	690
subsequently offered for sale from time to time with no set	691
minimum bid or disposed of in any other manner pursuant to this	692
chapter or any other provision of the Revised Code.	693

Sec. 2909.05.  (A) No person shall knowingly cause serious	694
physical harm to an occupied structure or any of its contents.	695

(B)(1) No person shall knowingly cause physical harm to	696
property that is owned or possessed by another, when either of the	697
following applies:	698

(a) The property is used by its owner or possessor in the	699
owner's or possessor's profession, business, trade, or occupation,	700
and the value of the property or the amount of physical harm	701
involved is one thousand dollars or more;	702

(b) Regardless of the value of the property or the amount of	703
damage done, the property or its equivalent is necessary in order	704
for its owner or possessor to engage in the owner's or possessor's	705
profession, business, trade, or occupation.	706

(2) No person shall knowingly cause serious physical harm to	707
property that is owned, leased, or controlled by a governmental	708
entity. A governmental entity includes, but is not limited to, the	709
state or a political subdivision of the state, a school district,	710
the board of trustees of a public library or public university, or	711
any other body corporate and politic responsible for governmental	712
activities only in geographical areas smaller than that of the	713
state.	714

(C) No person, without privilege to do so, shall knowingly	715
cause serious physical harm to any tomb, monument, gravestone, or	716
other similar structure that is used as a memorial for the dead;	717
to any fence, railing, curb, or other property that is used to	718
protect, enclose, or ornament any cemetery; or to a cemetery.	719

(D) No person, without privilege to do so, shall knowingly	720
cause physical harm to a place of burial by breaking and entering	721
into a tomb, crypt, casket, or other structure that is used as a	722
memorial for the dead or as an enclosure for the dead.	723

(E) No person who is an owner of a residential property shall	724
knowingly cause physical harm to that property after the person	725
has been personally served with a summons and complaint in a	726
residential mortgage loan foreclosure action relating to that	727
property.	728

(F) Whoever violates this section is guilty of vandalism.	729
Except as otherwise provided in this division, vandalism is a	730
felony of the fifth degree that is punishable by a fine of up to	731
two thousand five hundred dollars in addition to the penalties	732
specified for a felony of the fifth degree in sections 2929.11 to	733
2929.18 of the Revised Code. If the value of the property or the	734
amount of physical harm involved is seven thousand five hundred	735
dollars or more but less than one hundred fifty thousand dollars,	736
vandalism is a felony of the fourth degree. If the value of the	737
property or the amount of physical harm involved is one hundred	738
fifty thousand dollars or more, vandalism is a felony of the third	739
degree.	740

(F)(G) For purposes of this section:

741

(1) "Cemetery" means any place of burial and includes burial	742
sites that contain American Indian burial objects placed with or	743
containing American Indian human remains.	744

(2) "Residential property" has the same meaning as in section	745
2308.01 of the Revised Code.	746

(3) "Serious physical harm" means physical harm to property	747
that results in loss to the value of the property of one thousand	748
dollars or more.	749

Sec. 3767.51.  As used in sections 3767.52 to 3767.56 of the	750
Revised Code:	751

(A) "Blighted parcel" has the same meaning as in section 1.08	752
of the Revised Code, except it does not include a manufactured or	753
mobile home that is subject to real property taxes under section	754
4503.06 of the Revised Code.	755

(B) "Unoccupied" means any of the following:

756

(1) Property that is not physically inhabited or used as a	757
dwelling;	758

(2) Property on which no trade or business is actively being	759
conducted by the owner or another party occupying the parcel	760
pursuant to a lease or other legal authority;	761

(3) Property that is uninhabited with no signs or active	762
indications that it is undergoing improvements.	763

Sec. 3767.52.  (A) A municipal corporation may commence a	764
cause of action by filing a complaint in the housing or	765
environmental division of a municipal court against the owner of	766
property that is an unoccupied, blighted parcel located in that	767
municipal corporation. The complaint shall seek an order that the	768
owner remediate the conditions of the property constituting	769
blight.	770

(B) Upon commencing an action pursuant to division (A) of	771
this section, a municipal corporation shall do both of the	772
following:	773

(1) In addition to service required under the Rules of Civil	774
Procedure, cause service of the complaint to all entities that	775
hold a lien or other interest in the property, as indicated in the	776
public record;	777

(2) Cause service of a notice to all entities that hold a	778
lien or other interest in the property, as indicated in the public	779
record, which states both of the following:	780

(a) The lienholder or interested person may remediate the	781
conditions of the property constituting blight within a period of	782
time determined by the municipal corporation.	783

(b) If the blight is not remediated, the housing or	784
environmental division of the municipal court in which the	785
complaint was filed shall order the blighted parcel to be sold	786
free and clear of all liens and interests in the property other	787
than federal tax liens.	788

(C)(1) A person who receives the complaint and notice	789
described in division (B) of this section shall have sixty days	790
after the service to certify to the court that the person will	791
remediate the conditions of the property constituting blight. A	792
person wishing to certify remediation shall propose to the court a	793
period of time within which the person will remediate the	794
conditions constituting blight. The court may approve or	795
disapprove a certification of remediation. If the court approves	796
the certification, the court shall stay the action until the	797
period of time for remediation has elapsed. If the court	798
disapproves the certification due to a proposal of an unreasonable	799
period of time for remediation, the court shall establish a	800
reasonable period of time within which the person shall remediate	801
the conditions constituting blight. The person shall accept or	802
reject the court's proposed period of time for remediation. If the	803
person accepts the court's proposed period of time for	804
remediation, the person shall certify that it will remediate the	805
conditions constituting blight, and the court shall approve the	806
certification. If the person rejects the court's proposed period	807
of time for remediation, the court shall proceed as if no	808
certification was made.	809

More than one lienholder or interested person may make a	810
certification for remediation. If more than one person makes a	811
certification, the court shall approve the certification of the	812
lienholder or person who proposes to remediate the conditions	813
constituting blight within the shortest period of time.	814

(2) If a lienholder or interested person certifies that it	815
will remediate the conditions constituting blight but does not do	816
so within the accepted period of time established pursuant to	817
division (C)(1) of this section, or if no person makes a	818
certification within the period of time stated in the notice	819
described in division (B)(2) of this section, the lien or other	820
interest of the persons in the property shall be extinguished but	821
may be paid pursuant to division (D) of section 3767.54 of the	822
Revised Code. The lienholder may still pursue payment of the debt	823
represented by the lien, and a person may still seek recourse for	824
the loss of other interest against the owner of the property if	825
otherwise permitted by law.	826

(3) If the lienholder or other interested person remediates	827
the blight, the court shall grant the lienholder or other	828
interested person a lien in the amount expended to remediate the	829
conditions constituting blight.	830

(D) If the court finds that the property was unoccupied at	831
the time the complaint was filed and is a blighted parcel, and if	832
no lienholder or other interested person has certified in	833
accordance with division (C)(1) of this section that it will	834
remediate the conditions constituting blight or if such a person	835
certifies that it will remediate the blight but fails to timely do	836
so, the court shall order the owner to remediate the conditions	837
constituting blight within a specified period of time. If the	838
blight is not remediated within this period of time, the court	839
shall order the property sold pursuant to sections 3767.53 and	840
3767.54 of the Revised Code. If the blight is remediated, the	841
court shall dismiss the action.	842

Sec. 3767.53.  (A) A housing or environmental division of a	843
municipal court shall order the sale of an unoccupied, blighted	844
parcel pursuant to section 3767.54 of the Revised Code by the	845
sheriff of the county where the property is located, if all of the	846
following apply:	847

(1) The municipal corporation commenced a cause of action by	848
filing a complaint for the owner of the blighted parcel to	849
remediate the conditions of the property constituting blight in	850
accordance with division (A) of section 3767.52 of the Revised	851
Code.	852

(2) The municipal corporation caused service of the complaint	853
and notice in accordance with division (B) of section 3767.52 of	854
the Revised Code.	855

(3) One of the following applies:

856

(a) No lienholder or other interested person certified that	857
it would remediate the conditions constituting blight pursuant to	858
division (C) of section 3767.52 of the Revised Code.	859

(b) A lienholder or other interested person certified that it	860
would remediate the conditions constituting blight, but does not	861
do so within the accepted period of time established pursuant to	862
division (C) of section 3767.52 of the Revised Code.	863

(4) The court has entered a finding that the property was	864
unoccupied at the time the complaint described in division (A)(1)	865
of this section was filed and is a blighted parcel pursuant to	866
division (D) of section 3767.52 of the Revised Code.	867

(5) The court ordered the owner of the property to remediate	868
the conditions constituting blight pursuant to division (D) of	869
section 3767.52 of the Revised Code and the owner failed to do so.	870

(B) If a property that a housing or environmental division of	871
a municipal court orders sold under this section remains unsold	872
for want of qualified bidders, as defined in section 3767.54 of	873
the Revised Code, after having been advertised and offered for	874
sale in accordance with that section, the court may, on motion of	875
the municipal corporation and from time to time until the property	876
is sold, order a new sale.	877

(C) The housing or environmental division of a municipal	878
court has exclusive original jurisdiction of an action under	879
sections 3767.52 to 3767.54 of the Revised Code.	880

Sec. 3767.54.  (A) If the housing or environmental division	881
of a municipal court orders an unoccupied, blighted parcel to be	882
sold pursuant to section 3767.53 of the Revised Code, the sheriff	883
of the county where the property is located shall do all of the	884
following:	885

(1) Cause notice of the sale and notice that only qualified	886
bidders are eligible to purchase the unoccupied, blighted parcel	887
to be sent to both of the following:	888

(a) The owner of the property in the same manner as provided	889
in section 2329.091 of the Revised Code;	890

(b) The public in the same manner as provided in division	891
(A)(2) of section 2329.26 of the Revised Code, except the date,	892
time, and place of the sale need only be published once at least	893
one week before the day of sale by advertisement in a newspaper of	894
general circulation in the county.	895

(2) Verify that each bidder who intends to bid at the sale is	896
included in the list of qualified bidders provided to the sheriff	897
in accordance with section 3767.55 of the Revised Code and is in	898
possession of proof that the bidder is a qualified bidder;	899

(3) Conduct the sale of the property;

900

(4) Provide a deed to the purchaser;

901

(5) Distribute the proceeds of the sale in accordance with	902
division (D) of this section;	903

(6) Collect fees pursuant to section 311.17 of the Revised	904
Code.	905

(B) A property sold pursuant to this section shall be sold	906
free and clear of all liens, including all taxes and assessments	907
other than federal taxes, to the highest qualified bidder.	908

(C) No appraisal of or minimum bid for the property shall be	909
required as a condition of a sale conducted pursuant to this	910
section.	911

(D) The proceeds of the sale conducted pursuant to this	912
section shall first be paid to satisfy the costs of the municipal	913
corporation for bringing the action under section 3767.52 of the	914
Revised Code and then shall be distributed according to the	915
priorities otherwise established by law, including to lienholders	916
whose liens are extinguished by the sale.	917

(E)(1) After a sale conducted pursuant to this section, the	918
housing or environmental division of the municipal court shall	919
make an entry on the journal that the court is satisfied of the	920
legality of the sale.	921

(2) Notwithstanding section 2329.36 of the Revised Code, the	922
municipal corporation who filed the complaint pursuant to division	923
(A) of section 3767.52 of the Revised Code shall file and record	924
the deed of the property in accordance with that section.	925

(F) As used in sections 3767.53 to 3767.56 of the Revised	926
Code, "qualified bidder" means one of the following:	927

(1) A lienholder of the property;

928

(2) A person who satisfies all of the following criteria:

929

(a) Has been prequalified, in accordance with section 3767.55	930
of the Revised Code;	931

(b) Has the capacity to remediate the conditions that	932
constitute blight of the blighted parcel;	933

(c) Has agreed, as a condition of the sale, to remediate the	934
conditions constituting blight within the time period the bidder	935
owns the property or within twelve months after the date of the	936
sale, whichever period of time is less, to the satisfaction of the	937
municipal corporation that commenced the action under section	938
3767.52 of the Revised Code in relation to the property.	939

Sec. 3767.55. A municipal corporation that commences a cause	940
of action under section 3767.52 of the Revised Code shall do the	941
following:	942

(A) Establish qualifications to allow a person to bid at a	943
sheriff's sale conducted pursuant to section 3767.54 of the	944
Revised Code, which shall include a requirement that the person be	945
a lienholder or be able and willing to remediate the conditions	946
that constitute blight of the unoccupied, blighted parcel and	947
agree to remediate the conditions within twelve months after the	948
date of the sale;	949

(B) Issue proof of qualification to a qualified bidder in a	950
form determined by the municipal corporation;	951

(C) Compile a list of qualified bidders for each sale;

952

(D) Provide the list of qualified bidders to the sheriff	953
conducting the sale at least one day prior to the sale.	954

Sec. 3767.56.  If the successful qualified bidder of a	955
property sold under section 3767.54 of the Revised Code fails to	956
remediate the conditions constituting blight of the property	957
within the time period specified in that section, the municipal	958
corporation that commenced the cause of action under section	959
3767.52 of the Revised Code in relation to that property may	960
remediate the conditions constituting blight of the property, and	961
may take a judgment against the successful qualified bidder for	962
the costs of the remediation.	963

Section 2.  That existing sections 323.47, 1901.18, 1901.185,	964
2303.26, 2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26,	965
2329.30, 2329.31, 2329.33, 2329.52, and 2909.05 of the Revised	966
Code are hereby repealed.	967

Section 3.  Sections 3767.51, 3767.52, 3767.53, 3767.54,	968
3767.55, and 3767.56 of the Revised Code are hereby repealed,	969
effective December 31, 2019.	970