130th Ohio General Assembly
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Am. Sub. H. B. No. 323  As Passed by the House
As Passed by the House

128th General Assembly
Regular Session
2009-2010
Am. Sub. H. B. No. 323


Representative Murray 

Cosponsors: Representatives Chandler, Letson, Okey, Phillips, Koziura, Yuko, Domenick, Foley, Pillich, Driehaus, Luckie, Winburn, Stewart, Heard, Belcher, Boyd, Brown, DeGeeter, Dyer, Goyal, Harris, O'Farrell, Patten, Pryor, Skindell, Slesnick, Walter, Weddington, Williams, B. 



A BILL
To amend sections 323.47, 2303.20, 2323.07, 2329.01, 2329.02, 2329.09, 2329.191, 2329.20, 2329.26, 2329.31, 2329.33, 2329.36, 2329.52, 2909.05, 2941.47, and 5723.01 and to enact sections 2308.01 to 2308.09 of the Revised Code to permit the trial of a corporation in absentia in a criminal proceeding initiated by complaint and relative to residential foreclosure actions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 323.47, 2303.20, 2323.07, 2329.01, 2329.02, 2329.09, 2329.191, 2329.20, 2329.26, 2329.31, 2329.33, 2329.36, 2329.52, 2909.05, 2941.47, 2941.47, and 5723.01 be amended and sections 2308.01, 2308.02, 2308.03, 2308.04, 2308.05, 2308.06, 2308.07, 2308.08, and 2308.09 of the Revised Code be enacted to read as follows:
Sec. 323.47. (A) If land held by tenants in common is sold upon proceedings in partition, or taken by the election of any of the parties to such proceedings, or real estate is sold by administrators, executors, guardians, or trustees, the court shall order that the taxes, penalties, and assessments then due and payable, and interest on those taxes, penalties, and assessments, that are or will be a lien on such land or real estate at the time the deed is transferred following the sale, be discharged out of the proceeds of such sale or election. For purposes of determining such amount, the county treasurer shall estimate the amount of taxes, assessments, interest, and penalties that will be payable at the time the deed of the property is transferred to the purchaser. If the county treasurer's estimate exceeds the amount of taxes, assessments, interest, and penalties actually payable when the deed is transferred to the purchaser, the officer who conducted the sale shall refund to the purchaser the difference between the estimate and the amount actually payable. If the amount of taxes, assessments, interest, and penalties actually payable when the deed is transferred to the purchaser exceeds the county treasurer's estimate, the officer shall certify the amount of the excess to the treasurer, who shall enter that amount on the real and public utility property tax duplicate opposite the property; the amount of the excess shall be payable at the next succeeding date prescribed for payment of taxes in section 323.12 of the Revised Code.
(B)(1) If real estate is sold at judicial sale, the court shall order that the total of the following amounts shall be discharged out of the proceeds of the sale but only to the extent of such proceeds:
(a)(1) Taxes and assessments the lien for which attaches before the confirmation of sale but that are not yet determined, assessed, and levied for the year in which confirmation occurs, apportioned pro rata to the part of that year that precedes confirmation, and any penalties and interest on those taxes and assessments, the amount of which shall be based on the date of the sale;
(b)(2) All other taxes, assessments, penalties, and interest the lien for which attached for a prior tax year but that have not been paid on or before the date of confirmation.
(2) Upon the request of the officer who conducted the sale, the county treasurer shall estimate the amount in division (B)(1)(a) of this section. If the county treasurer's estimate exceeds that amount, the officer who conducted the sale shall refund to the purchaser the difference between the estimate and the actual amount. If the actual amount exceeds the county treasurer's estimate, the officer shall certify the amount of the excess to the treasurer, who shall enter that amount on the real and public utility property tax duplicate opposite the property; the amount of the excess shall be payable at the next succeeding date prescribed for payment of taxes in section 323.12 of the Revised Code.
Sec. 2303.20.  Under the circumstances described in sections 2969.21 to 2969.27 of the Revised Code, the clerk of the court of common pleas shall charge the fees and perform the other duties specified in those sections. In all other cases, the clerk shall charge the following fees and no more:
(A) Twenty-five dollars for each cause of action which shall include the following:
(1) Docketing in all dockets;
(2) Filing necessary documents, noting the filing of the documents, except subpoena, on the dockets;
(3) Issuing certificate of deposit in foreign writs;
(4) Indexing pending suits and living judgments;
(5) Noting on appearance docket all papers mailed;
(6) Certificate for attorney's fee;
(7) Certificate for stenographer's fee;
(8) Preparing cost bill;
(9) Entering on indictment any plea;
(10) Entering costs on docket and cash book.
(B) Two dollars for taking each undertaking, bond, or recognizance;
(C) Two dollars for issuing each writ, order, or notice, except subpoena;
(D) Two dollars for each name for issuing subpoena, swearing witness, entering attendance, and certifying fees;
(E) Twenty-five dollars for calling a jury in each cause;
(F) Two dollars for each page, for entering on journal, indexing, and posting on any docket;
(G) Three dollars for each execution or transcript of judgment, including indexing;
(H) One dollar for each page, for making complete record, including indexing;
(I) Five dollars for certifying a plat recorded in the county recorder's office;
(J) Five dollars for issuing certificate to receiver or order of reference with oath;
(K) Five dollars for entering satisfaction or partial satisfaction of each lien on record in the county recorder's office, and the clerk of courts' office;
(L) One dollar for each certificate of fact under seal of the court, to be paid by the party demanding it;
(M) One dollar for taking each affidavit, including certificate and seal;
(N) Two dollars for acknowledging all instruments in writing;
(O) Five dollars for making certificate of judgment;
(P) Ten dollars for filing, docketing, and endorsing a certificate of judgment, including the indexing and noting the return of the certificate;
(Q) Twenty-five dollars for each cause of action for each judgment by confession, including all docketing, indexing, and entries on the journal;
(R) Five dollars for recording commission of mayor or notary public;
(S) One dollar for issuing any license except the licenses issued pursuant to sections 1533.101, 1533.11, 1533.13, and 1533.32 of the Revised Code;
(T) Fifteen dollars for docketing and indexing each aid in execution or petition to vacate, revive, or modify judgment, including the filing and noting of all necessary documents;
(U) Twenty-five dollars for docketing and indexing each appeal, including the filing and noting of all necessary documents;
(V) A commission of two per cent on the first ten thousand dollars and one per cent on all exceeding ten thousand dollars for receiving and disbursing money, other than costs and fees, paid to or deposited with the clerk of courts in pursuance of an order of court or on judgments, including moneys invested by order of the court and interest earned on them;
(W) Five dollars for numbering, docketing, indexing, and filing each authenticated or certified copy of the record, or any portion of an authenticated or certified copy of the record, of an extra county action or proceeding;
(X) Two dollars for each certificate of divorce, annulment, or dissolution of marriage to the bureau of vital statistics;
(Y) Two dollars for each electronic transmission of a document, plus one dollar for each page of that document. These fees are to be paid by the party requesting the electronic transmission.
(Z) One dollar for each page, for copies of pleadings, process, record, or files, including certificate and seal;
(AA) An additional fee of twenty dollars for each filing for a residential mortgage foreclosure action.
Sec. 2308.01. As used in this chapter:
(A) "Residential mortgage" means an obligation to pay a sum of money evidenced by a note and secured by a lien upon a residential property.
(B) "Residential property" means real property located within this state consisting of land and a structure on that land containing four or fewer dwelling units, each of which is intended for occupancy by a separate household. "Residential property" includes a residential condominium unit owned by an individual, notwithstanding the number of units in the structure, and a manufactured or mobile home that is subject to real property taxes under section 4503.06 of the Revised Code.
Sec. 2308.02. No person shall file a complaint to initiate a residential mortgage foreclosure action unless that complaint is accompanied by the preliminary judicial report that section 2329.191 of the Revised Code requires.
Sec. 2308.03. (A) If the owner in a residential mortgage foreclosure action does not answer or otherwise respond to the clerk's summons and complaint in accordance with the Rules of Civil Procedure, within ten days after the last due date for any defendant who was served with a summons and complaint, the clerk shall notify the plaintiff of that failure to respond and inform the plaintiff that if the property is not occupied, the plaintiff shall either file a motion for default judgment with the court or submit a statement showing cause sufficient to the court why the plaintiff is not filing such a motion. The plaintiff shall file such a motion or statement within sixty days after the date of the clerk's notice.
(B) If a plaintiff fails to comply with division (A) of this section, the court shall dismiss the residential mortgage foreclosure action without prejudice.
(C) Nothing in this section shall be construed to affect any right of the plaintiff to file a motion for a default judgment on an occupied property.
Sec. 2308.04.  (A) Notwithstanding any other provision of the Revised Code, a plaintiff may request, at the time the plaintiff files a motion for a default judgment pursuant to section 2308.03 of the Revised Code, the court deem that the title of the property transferred directly and immediately to the plaintiff in lieu of sale and in lieu of a right to a deficiency judgment. A plaintiff may make such a request, and a court may grant such a request, only if all of the following apply:
(1) In the plaintiff's prayer and complaint to initiate the residential mortgage foreclosure action, the plaintiff specifically reserved the right to request the additional relief of a transfer in lieu of sale and in lieu of a right to a deficiency judgment in the event that the plaintiff filed a motion for a default judgment in the course of the foreclosure action.
(2) All liens attached to the property, other than liens for real property taxes, are those of the plaintiff.
(3) The owner did not answer or otherwise respond to the clerk's summons and complaint in accordance with the Rules of Civil Procedure.
(B)(1) Upon receiving a motion for a default judgment accompanied by a request for the additional relief of a transfer in lieu of sale and in lieu of a right to a deficiency judgment that meets the requirements of division (A) of this section, a court immediately shall provide written notice to the owner of that motion and request for additional relief. In that notice, the court shall order the owner to show cause why the court should not enter a default judgment and transfer the property directly and immediately to the plaintiff in lieu of sale and in lieu of a right to a deficiency judgment. An owner shall show cause within thirty days of the court's order or shall be deemed to not oppose the default judgment and transfer of the property to the plaintiff.
(2) When a court grants a request for a transfer in lieu of sale and in lieu of a right to a deficiency judgment pursuant to this section, the plaintiff shall provide the information section 2329.271 of the Revised Code requires as if the plaintiff were the successful purchaser at sale, and the officer who would have made the sale shall prepare the deed as section 2329.31 of the Revised Code requires. The court shall confirm the transfer in lieu of sale and in lieu of a right to a deficiency judgment in the same manner as the court confirms sales under section 2329.31 of the Revised Code. Such transfer shall be deemed a release of the owner's liability on the underlying debt to the plaintiff, and the value of the property shall be deemed to equal the amount of the underlying debt.
Sec. 2308.05. (A)(1) The plaintiff and any other lienholder, within sixty days after receiving the clerk's notice of the filing of the judgment of foreclosure under division (G) of section 2329.02 of the Revised Code, shall file for a writ of execution of a judgment in a residential mortgage foreclosure action or show cause for not filing. A lienholder other than the primary lienholder shall file for a contingent writ of execution or show cause why a contingent writ is not being sought within that same sixty-day period. The court shall issue an order accordingly to the owner, the plaintiff, and any other lienholder who appeared in the action stating that, during that same sixty-day period, the owner, the plaintiff, and any other lienholder may show cause why that property should not be deemed abandoned and transferred pursuant to section 2308.06 of the Revised Code. A party may assert any reason that the property should not be deemed abandoned, including those listed under Rule 60 of the Rules of Civil Procedure.
(2) A plaintiff or other lienholder who fails to file for a writ of execution as this section requires and who does not show cause for that failure or why the property should not be deemed abandoned and transferred, and an owner who fails to show cause for why that property should not be deemed abandoned and transferred, shall be deemed to have abandoned all interest in the property and to any right of redemption. Any party who is deemed to have abandoned the property is barred from seeking another judgment on that property or making any claim against the property, and shall not receive any proceeds from a sale of the property.
(3) The court shall vacate any order of abandonment if the plaintiff or other lienholder files a motion under Rule 60 of the Rules of Civil Procedure, establishing that its failure was due to mistake or inadvertence, or other good cause shown.
(4) If the plaintiff, all other lienholders, and the owner are deemed to have abandoned the property, the property shall be transferred pursuant to section 2308.06 of the Revised Code sixty days after the court enters the order of abandonment, unless a motion to vacate the order has been filed prior to that date. If the motion is denied, the property shall be transferred in accordance with this division.
(5) When a property is deemed abandoned pursuant to this section, the rights of the plaintiff and other lienholders to seek to collect the debts through other means or against assets other than the real property which is the subject of the foreclosure action remain unaffected. Any right to collect any such debt or deficiency thereon remains unenforceable after the expiration of two years after the date of transfer of the property.
(B) Upon receiving a filing for a writ of execution from the plaintiff, the clerk shall issue the writ of execution pursuant to section 2329.091 of the Revised Code.
(C) At its discretion, the court may extend the time period this section establishes for filing for a writ of execution or issuing that writ if the plaintiff and the owner in the action so request, for any reason that the court considers appropriate.
(D) Notwithstanding sections 2329.09 and 2329.091 of the Revised Code, a court may for good cause stay the issuance or enforcement of a writ of execution if the owner and the plaintiff, along with all other lienholders, enter into a forbearance or loan modification agreement that allows the owner to make payments over a specified period of time and that agreement is filed with the court. The stay shall be effective so long as all of the parties to the agreement comply with the terms of the agreement.
(E) No plaintiff or other lienholder may withdraw or dismiss a petition for a writ of execution or an order of sale unless the plaintiff or the owner requests such a dismissal and shows good cause for that dismissal.
Sec. 2308.06. (A) Notwithstanding any other provision of the Revised Code, a property upon which a residential mortgage foreclosure action has been filed shall be deemed abandoned and is subject to transfer under this section if either of the following occur:
(1) The plaintiff, all other lienholders, and the owner are deemed to have abandoned rights to the property under section 2308.05 of the Revised Code and no party showed cause sufficient to the court as to why the property should not be deemed abandoned.
(2) The officer making the sale has advertised the sale three times and held three auctions on the property as described in division (B) of section 2329.52 of the Revised Code, and at those auctions no person placed a bid.
(B) The title of a property deemed abandoned pursuant to this section vests without further action in the board of county commissioners in the county where the property is located. The clerk shall issue a notice of that vesting to the board of county commissioners. The county prosecuting attorney shall prepare a deed that contains the names of the parties to the judgment and the owners of the foreclosed property, a reference to the volume and page of the recording of the recorded instrument by or through which the board of county commissioners claims title, the date and the amount of the judgment, and the date on which the owner and each lienholder is deemed to have abandoned the property. The board of county commissioners shall record the deed within fourteen business days after the latest date on which an owner and any lienholder is deemed to have abandoned the property.
(C) The board of county commissioners may dispose of property acquired under this section pursuant to rules it adopts. The rules shall specify that the board shall place the property in the county's land bank if the county has a land bank. If the county does not have a land bank, the board shall dispose of the property at its discretion.
(D) No board of county commissioners shall be liable for damages arising from a breach, or subject to equitable remedies for a breach of common law duty, or for violation of sections 3737.87 to 3737.891 of the Revised Code or Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6101., or 6111. of the Revised Code or any rule adopted or order, permit, license, variance, or plan approval issued under any of those chapters that is or was committed by another person in connection with a property the board of county commissioners acquires pursuant to this section.
Sec. 2308.07.  (A) No plaintiff or other lienholder in a residential mortgage foreclosure action may file a motion to dismiss or vacate the judgment, the writ of execution, the order of sale, the sale, or the confirmation of the sale, and no court shall accept such a motion unless for good cause shown.
(B) In any residential mortgage foreclosure action in which a plaintiff and an owner enter into a workout agreement or loan modification, the court shall stay the foreclosure action at any time prior to the sale upon the filing of a motion and affidavit indicating that the plaintiff and owner have entered into a workout agreement or loan modification. If at any time the plaintiff notifies the court that the owner did not make payments as agreed, the court shall notify the owner that it will resume the foreclosure action.
Sec. 2308.08.  (A) A lender who holds a mortgage on a residential property may document a good faith belief that the owner has abandoned the property. Documentation may include, but is not limited to, a record of any of the following:
(1) Contacting or attempting to contact the owner by telephone at any number available to the lender, including landline and any means of wireless communication, to determine whether the owner has abandoned the property;
(2) Contacting or attempting to contact the owner by regular or electronic mail to determine whether the owner has abandoned the property;
(3) Photographing the property from its exterior to demonstrate signs of neglect or abandonment.
(B) Unless otherwise prohibited by the mortgage contract or a specific provision of law, a lender who has documented a good faith belief that a property on which the lender holds a mortgage is abandoned may enter that property to secure and protect it from damage any time after the lender has filed a residential mortgage foreclosure action on that property.
(C) A lender who has not filed a residential mortgage foreclosure action on a property for which the lender holds a mortgage may enter and secure that property only if the mortgage contract or other documents provide for such an entry.
(D) During the five-year period following the effective date of this section, a plaintiff in a residential mortgage foreclosure action who has a good faith belief that the property is abandoned may provide the court with documentation of a good faith belief that the owner has abandoned the property and request the court to deny the owner the equitable and statutory rights to redemption of the mortgage on that property.
Sec. 2308.09.  A person who is an owner of residential property who knowingly causes physical harm to that property after the person has been personally served with a summons and complaint in a residential mortgage foreclosure action relating to that property is guilty of vandalism in violation of section 2909.05 of the Revised Code.
Sec. 2323.07.  (A)(1) When a mortgage is foreclosed or a specific lien enforced, a sale of the property, or a transfer of property pursuant to sections 323.28, 323.65 to 323.78, and 5721.19 of the Revised Code, shall be ordered by the court having jurisdiction or the county board of revision with jurisdiction pursuant to section 323.66 of the Revised Code.
(2) No specific lien may be enforced or suit brought on a note on a residential property unless that action initially is brought in a judicial foreclosure proceeding.
(B) When the real property to be sold is in one or more tracts, the court may order the officer who makes the sale to subdivide, appraise, and sell them in parcels, or sell any one of the tracts as a whole.
(C) When the mortgaged property is situated in more than one county, the court may order the sheriff or master of each county to make sale of the property in the sheriff's or master's county, or may direct one officer to sell the whole. When it consists of a single tract, the court may direct that it be sold as one tract or in separate parcels, and shall direct whether appraisers shall be selected for each county or one set for all; and whether publication of the sale shall be made in all the counties, or in one county only.
Sec. 2329.01.  (A) Lands and tenements, including vested legal interests therein, permanent leasehold estates renewable forever, and goods and chattels, not exempt by law, shall be subject to the payment of debts, and liable to be taken on execution and sold as provided in sections 2329.02 to 2329.61, inclusive, of the Revised Code.
(B) As used in sections 2329.02 to 2329.61 of the Revised Code, "residential mortgage" and "residential property" have the same meanings as in section 2308.01 of the Revised Code.
Sec. 2329.02.  (A) Any judgment or decree rendered by any court of general jurisdiction, including district courts of the United States, within this state shall be a lien upon lands and tenements of each judgment debtor within any county of this state from the time there is filed in the office of the clerk of the court of common pleas of such county a certificate of such judgment, setting forth the court in which the same was rendered, the title and number of the action, the names of the judgment creditors and judgment debtors, the amount of the judgment and costs, the rate of interest, if the judgment provides for interest, and the date from which such interest accrues, the date of rendition of the judgment, and the volume and page of the journal entry thereof.
(B) No such judgment or decree shall be a lien upon any lands, whether or not situated within the county in which such judgment is rendered, registered under sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the Revised Code, until a certificate under the hand and official seal of the clerk of the court in which the same is entered or of record, stating the date and purport of the judgment, giving the number of the case, the full names of the parties, plaintiff and defendant, and the volume and page of the journal or record in which it is entered, or a certified copy of such judgment, stating such facts, is filed and noted in the office of the county recorder of the county in which the land is situated, and a memorial of the same is entered upon the register of the last certificate of title to the land to be affected.
Such certificate shall be made by the clerk of the court in which the judgment was rendered, under the seal of said court, upon the order of any person in whose favor such judgment was rendered or upon the order of any person claiming under him a person in whose favor such judgment was rendered, and shall be delivered to the party so ordering the same; and the fee therefor shall be taxed in the costs of the action.
(C) When any such certificate is delivered to the clerk of the court of common pleas of any county in this state, the same shall be filed by such clerk, and he the clerk shall docket and index it under the names of the judgment creditors and the judgment debtors in a judgment docket, which shall show as to each judgment all of the matters set forth in such certificate as required by this section. The fee for such filing, docketing, and indexing shall be taxed as increased costs of such judgment upon such judgment docket and shall be included in the lien of the judgment.
(D) When the clerk of any court, other than that rendering the judgment, in whose office any such certificate is filed, has docketed and indexed the same, he the clerk shall indorse upon such certificate the fact of such filing with the date thereof and the volume and page of the docket entry of such certificate and shall return the same so indorsed to the clerk of the court in which the judgment was rendered, who shall note upon the original docket the fact of the filing of said certificate, showing the county in which the same was filed and the date of such filing. When such certificate is filed, docketed, and indexed in the office of the clerk of the court which rendered the judgment, such clerk shall likewise indorse the certificate and make like notation upon the original docket.
Each such judgment shall be deemed to have been rendered in the county in which is kept the journal of the court rendering the same, in which journal such judgment is entered.
(E) Certificates or certified copies of judgments or decrees of any courts of general jurisdiction, including district courts of the United States, within this state, may be filed, registered, noted, and memorials thereof entered, in the office of the recorder of any county in which is situated land registered under sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the Revised Code, for the purpose of making such judgments liens upon such registered land.
(F) Notwithstanding any other provision of the Revised Code, any judgment issued in a court of record may be transferred to any other court of record. Any proceedings for collection may be had on such judgment the same as if it had been issued by the transferee court.
(G) When a clerk files a judgment of foreclosure in a residential mortgage foreclosure action, the clerk shall provide notice of that filing to the judgment debtor, the judgment creditor, and any lienholder who has appeared in the action. The notice shall include information with respect to the requirements of section 2308.05 of the Revised Code and the consequences of a failure to comply with that section.
Sec. 2329.09.  (A) The writ of execution against the property of a judgment debtor issuing from a court of record shall command the officer to whom it is directed to levy on the goods and chattels of the debtor. If no goods or chattels can be found, the officer shall levy on the lands and tenements of the debtor. If the court rendering the judgment or decree so orders, real estate may be sold under execution as follows: one third cash on the day of sale, one third in one year, one third in two years thereafter, with interest on deferred payments, to be secured by mortgage on the premises so sold. An execution on a judgment rendered against a partnership firm by its firm name shall operate only on the partnership property. The exact amount of the debt, damages, and costs, for which the judgment is entered, shall be indorsed on the execution.
(B) On any order of sale that the clerk delivers to the officer making the sale in a residential mortgage foreclosure action, the clerk shall include a notation that sets forth all of the clerk's costs with respect to that foreclosure action and sale. The clerk shall deliver a copy of the order of sale to the attorney for the lienholder who filed for the writ of execution.
(C) Within fourteen days after receiving an order of sale from the clerk, the officer making that sale shall set the date of the sale.
Sec. 2329.191. (A) As used in this section, "title insurance company" has the same meaning as in section 3953.01 of the Revised Code.
(B) In every action demanding the judicial sale of residential real estate consisting of one to four single-family units, the party seeking that judicial sale shall file with the clerk of the court of common pleas within fourteen days after filing the pleadings requesting relief, together with the complaint a preliminary judicial report on a form that is approved by the department of insurance that is prepared and issued by a duly licensed title insurance agent on behalf of a licensed title insurance company or by a title insurance company that is authorized by the department of insurance to transact business in this state. The preliminary judicial report shall be effective within thirty days prior to the filing of the complaint or other pleading requesting a judicial sale and shall include at least all of the following:
(1) A legal description of each parcel of real estate to be sold at the judicial sale;
(2) The street address of the real estate or, if there is no street address, the name of the street or road upon which the real estate fronts together with the names of the streets or roads immediately to the north and south or east and west of the real estate;
(3) The county treasurer's permanent parcel number or other tax identification number of the real estate;
(4) The name of the owners of record of the real estate to be sold;
(5) A reference to the volume and page or instrument number of the recording by which the owners acquired title to the real estate;
(6) A description of the record title to the real estate; however, easements, restrictions, setback lines, declarations, conditions, covenants, reservations, and rights-of-way that were filed for record prior to the lien being foreclosed are not required to be included;
(7) The name and address of each lienholder and the name and address of each lienholder's attorney, if any, as shown on the recorded lien of the lienholder.
Prior to submitting any order or judgment entry to a court that would order the sale of the residential real estate, the party submitting the order or judgment entry shall file with the clerk of the court of common pleas a final judicial report that updates the state of the record title to that real estate from the effective date of the preliminary judicial report through the date of lis pendens and includes a copy of the court's docket for the case. The cost of the title examination necessary for the preparation of both the preliminary judicial report and the final judicial report together with the premiums for those reports computed as required by the department of insurance, based on the fair market value of the real estate, or in the case of a foreclosure, the principal balance of the mortgage or other lien being foreclosed on or any other additional amount as may be ordered by the court shall be taxed as costs in the case.
(C) In every action demanding the judicial sale of residential real estate consisting of more than four single-family units or of commercial real estate, the party seeking that judicial sale shall file with the clerk of the court of common pleas within fourteen days after filing the pleadings requesting relief together with the complaint either a preliminary judicial report or a commitment for an owner's fee policy of title insurance on the form approved by the department of insurance that is prepared and issued by a duly licensed title insurance agent on behalf of a licensed title insurance company. Division (B) of this section applies if the party seeking the judicial sale files a preliminary judicial report. If the party seeking the judicial sale files a commitment for an owner's fee policy of title insurance, the commitment shall have an effective date within fourteen days prior to the filing of the complaint or other pleading requesting a judicial sale and shall contain at least all of the information required in divisions (B)(1) to (7) of this section. The commitment shall cover each parcel of real estate to be sold, shall include the amount of the successful bid at the judicial sale, shall show the purchaser at the judicial sale as the proposed insured, and shall not expire until thirty days after the recordation of the deed by the officer who makes the sale to that purchaser. After the officer's return of the order of sale and prior to the confirmation of the sale, the party requesting the order of sale shall cause an invoice for the cost of the title insurance policy, commitment cost related expenses, and cancellation fees, if any, to be filed with the clerk of the court of common pleas. The amount of the invoice shall be taxed as costs in the case. The purchaser at the judicial sale may, by paying the premium for the title insurance policy, obtain the issuance of title insurance in accordance with the commitment.
Sec. 2329.20.  No Except as otherwise provided in this section or sections 2329.51 and 2329.52 of the Revised Code, no tract of land shall be sold for less than two thirds of the value returned in the inquest required by section 2329.17 of the Revised Code; except that in. In all cases where in which a junior mortgage or other junior lien is sought to be enforced against real estate by an order, judgment, or decree of court, subject to a prior lien thereon, and such prior lien, and the claims or obligations secured thereby, are unaffected by such order, judgment, or decree, the court making such order, judgment, or decree, may determine the minimum amount for which such real estate may be sold, such minimum amount to be not less than two thirds of the difference between the value of the real estate appraised as provided in such section, and the amount remaining unpaid on the claims or obligations secured by such prior lien. The price at which a foreclosed residential property sells at a sheriff's auction shall not be used as a basis for establishing the market value of any other property.
Sec. 2329.26.  (A) Lands and tenements taken in execution shall not be sold until all of the following occur:
(1)(a) Except as otherwise provided in division (A)(1)(b) of this section, the judgment creditor who seeks the sale of the lands and tenements or the judgment creditor's attorney does both of the following:
(i) Causes a written notice of the date, time, and place of the sale to be served in accordance with divisions (A) and (B) of Civil Rule 5 upon the judgment debtor and upon each other party to the action in which the judgment giving rise to the execution was rendered;
(ii) At least seven calendar days prior to the date of the sale, files with the clerk of the court that rendered the judgment giving rise to the execution a copy of the written notice described in division (A)(1)(a)(i) of this section with proof of service endorsed on the copy in the form described in division (D) of Civil Rule 5.
(b) Service of the written notice described in division (A)(1)(a)(i) of this section is not required to be made upon any party who is in default for failure to appear in the action in which the judgment giving rise to the execution was rendered.
(2) The officer taking the lands and tenements gives public notice of the date, time, and place of the sale. Notice for the first attempt to sell the lands and tenements shall be given for at least three weeks before the day of sale by advertisement in a newspaper published in and of general circulation in the county. The court ordering the sale may designate in the order of sale the newspaper in which this public notice shall be published, and this public notice is subject to division (A) of section 2329.27 of the Revised Code. Notices of subsequent sales of the lands and tenements may be made electronically on a web site the officer maintains. The officer shall set the date for any subsequent sale to be not later than thirty days following the immediate prior attempt to sell.
(3) The officer taking the lands and tenements shall collect collects the purchaser's information required by section 2329.271 of the Revised Code.
(B) The officer making the sale may accept a written bid from a lienholder at any time prior to that sale. The public notice of the sale may include notice of this opportunity to make a written bid prior to the sale. The officer may, at the officer's discretion, open the bidding at the amount of any written bid.
(C) If the purchaser at a sale is a lienholder, the officer making the sale shall not charge the purchaser any deposit or other fees prior to the time at which the purchase price is due pursuant to division (B) of section 2329.31 of the Revised Code.
(D) If the purchaser at sale plans to assign the right to purchase that property to another party, and that party will pay the balance of the purchase price to the officer making the sale, the assignment of the purchaser's bid may be made at any time prior to the preparation of the deed, and notice of that assignment may be filed with the officer at any time prior to the preparation of the deed.
(E) A sale of lands and tenements taken in execution may be set aside in accordance with division (B) of section 2329.27 of the Revised Code.
Sec. 2329.31. (A) Upon (1) Except as otherwise provided in division (A)(2) of this section, upon the return of any writ of execution for the satisfaction of which lands and tenements have been sold, on careful examination of the proceedings of the officer making the sale, if the court of common pleas finds that the sale was made, in all respects, in conformity with sections 2329.01 to 2329.61 of the Revised Code, it shall, within thirty days of the return of the writ, direct the clerk of the court of common pleas to make an entry on the journal that the court is satisfied of the legality of such sale and that the attorney who filed the writ of execution make to the purchaser a deed for the lands and tenements. Nothing
(2) In any sale pursuant to a residential mortgage foreclosure action, if the clerk of court receives no written objection to that sale within seven days after the return to the clerk of the writ of execution, on careful examination of the proceedings of the officer making the sale, the court shall deem that the sale is final and shall confirm that sale. The clerk shall make an entry on the journal that the sale is deemed legal.
(3) Nothing in this section prevents the court of common pleas from staying the confirmation of the sale to permit a property owner time to redeem the property or for any other reason that it determines is appropriate. In those instances, the sale shall be confirmed within thirty days after the termination of any stay of confirmation.
(B) The officer making the sale shall require the purchaser, including a lienholder, to pay within thirty days of after the confirmation of the sale the balance amount due on the purchase price of the lands and tenements unless the court grants the purchaser an extension for good cause.
Sec. 2329.33.  In sales of real estate on execution or order of sale, at any time before the confirmation thereof or, if a residential foreclosure action, not later than sixty days following the clerk's notice of the filing of the judgment, the debtor may redeem it from sale by depositing in the hands of the clerk of the court of common pleas to which such execution or order is returnable, the amount of the judgment or decree upon which such lands were sold, with all costs, including poundage, and interest at the rate of eight per cent per annum on the purchase money from the day of sale to the time of such deposit, except where the judgment creditor is the purchaser, the interest at such rate on the excess above his the judgment creditor's claim. The court of common pleas thereupon shall make an order setting aside such sale, and apply the deposit to the payment of such judgment or decree and costs, and award such interest to the purchaser, who shall receive from the officer making the sale the purchase money paid by him the purchaser, and the interest from the clerk. This section does not take away the power of the court to set aside such sale for any reason for which it might have been set aside prior to April 16, 1888.
Sec. 2329.36. (A) The attorney who files the writ of execution shall, not later than seven days after the filing of clerk files the order of confirmation of sale pursuant to section 2329.31 of the Revised Code, make to the purchaser a deed, containing the names of the parties to the judgment, the names of the owners of the property sold, a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title, the date and amount of the judgment, the substance of the execution or order on which the property was sold, the substance of the officer's return thereon, and the order of confirmation and deliver the deed to the officer who sold the real property. The deed shall be executed, acknowledged, and recorded as other deeds. The officer or the officer's legal representative may review and approve or reject the deed for form and substance.
(B) By placing a bid at a sale conducted pursuant to this chapter, the purchaser appoints the officer who makes the sale as agent of the purchaser for the sole purpose of accepting delivery of the deed described in division (A) of this section.
(C)(1) The officer who sells the real property, or the officer's designee, shall record the deed, or for registered land file the documents required by section 5309.64 of the Revised Code, with the county recorder within fourteen business days of after the later of the date the purchaser pays the balance due on the purchase price of the lands and tenements or the date the court confirms the sale. The officer shall charge the purchaser a fee to cover the actual costs of preparing and recording the deed or filing the documents.
(2) Notwithstanding division (C)(1) of this section, a purchaser may deliver any remaining balance of the purchase price to the officer making the sale, together with an affidavit stating the purchaser will submit the deed for recording within seven days after receipt of the deed. Upon receiving the remaining balance and affidavit, the officer making the sale shall release the unrecorded deed to the purchaser who shall submit that deed for recording within the seven-day period and deliver evidence of the same to the sheriff or face penalties for contempt of court. If the purchaser fails to deliver evidence to the sheriff that the deed has been submitted for recording with the seven-day period, the sheriff shall notify the court and the court shall schedule proceedings against the purchaser for contempt of court.
Sec. 2329.52.  When (A) Except as otherwise provided in division (B) of this section, when premises are ordered to be sold, if said premises, or a part thereof, remain unsold for want of bidders after having been once appraised, advertised, and offered for sale, the court from which the order of sale issued may, on motion of the plaintiff or defendant and from time to time until said premises are disposed of, order a new appraisement and sale or direct the amount for which said premises, or a part thereof, may be sold.
The court may order that the premises be sold as follows: One third cash in hand, one third in nine months from the day of sale, and the remaining one third in eighteen months from the day of sale, the deferred payments to draw interest at six per cent and be secured by a mortgage on the premises.
(B) When a residential property is ordered to be sold pursuant to a residential mortgage foreclosure action, if the property remains unsold after the first auction with a minimum bid of two-thirds of the appraised value as established pursuant to section 2329.17 of the Revised Code, a second auction shall be held with minimum bid set at two-thirds of the minimum bid established for the first sale. If the property remains unsold after the second auction, a third auction shall be held with a minimum bid in an amount the court establishes at its discretion. A property that remains unsold after three auctions shall be deemed abandoned pursuant to section 2308.06 of the Revised Code and is subject to transfer as provided in that section.
Sec. 2909.05.  (A) No person shall knowingly cause serious physical harm to an occupied structure or any of its contents.
(B)(1) No person shall knowingly cause physical harm to property that is owned or possessed by another, when either of the following applies:
(a) The property is used by its owner or possessor in the owner's or possessor's profession, business, trade, or occupation, and the value of the property or the amount of physical harm involved is five hundred dollars or more;
(b) Regardless of the value of the property or the amount of damage done, the property or its equivalent is necessary in order for its owner or possessor to engage in the owner's or possessor's profession, business, trade, or occupation.
(2) No person shall knowingly cause serious physical harm to property that is owned, leased, or controlled by a governmental entity. A governmental entity includes, but is not limited to, the state or a political subdivision of the state, a school district, the board of trustees of a public library or public university, or any other body corporate and politic responsible for governmental activities only in geographical areas smaller than that of the state.
(C) No person, without privilege to do so, shall knowingly cause serious physical harm to any tomb, monument, gravestone, or other similar structure that is used as a memorial for the dead; to any fence, railing, curb, or other property that is used to protect, enclose, or ornament any cemetery; or to a cemetery.
(D) No person, without privilege to do so, shall knowingly cause physical harm to a place of burial by breaking and entering into a tomb, crypt, casket, or other structure that is used as a memorial for the dead or as an enclosure for the dead.
(E) No person who is an owner of a residential property shall knowingly cause physical harm to that property after the person has been personally served with a summons and complaint in a residential mortgage foreclosure action relating to that property.
(F) Whoever violates this section is guilty of vandalism. Except as otherwise provided in this division, vandalism is a felony of the fifth degree that is punishable by a fine of up to two thousand five hundred dollars in addition to the penalties specified for a felony of the fifth degree in sections 2929.11 to 2929.18 of the Revised Code. If the value of the property or the amount of physical harm involved is five thousand dollars or more but less than one hundred thousand dollars, vandalism is a felony of the fourth degree. If the value of the property or the amount of physical harm involved is one hundred thousand dollars or more, vandalism is a felony of the third degree.
(F)(G) For purposes of this section:
(1) "Cemetery" means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
(2) "Residential property" has the same meaning as in section 2308.01 of the Revised Code.
(3) "Serious physical harm" means physical harm to property that results in loss to the value of the property of five hundred dollars or more.
Sec. 2941.47.  When an indictment is returned or information or complaint filed against a corporation, a summons commanding the sheriff to notify the accused thereof, returnable on the seventh day after its date, shall issue on praecipe of the prosecuting attorney. Such The summons with a copy of the indictment, information or complaint shall be served and returned in the manner provided for service of summons upon corporations in civil actions. If the service cannot be made in the county where the prosecution began, the sheriff may make service in any other county of the state, upon the president, secretary, superintendent, clerk, treasurer, cashier, managing agent, or other chief officer thereof, or by leaving a copy at a general or branch office or usual place of doing business of such corporation, with the person having charge thereof. Such The corporation shall appear by one of its officers or by counsel on or before the return day of the summons served and answer to the indictment or, information, or complaint by motion, demurrer, or plea, and upon failure to make such an appearance and answer, the clerk of the court of common pleas shall enter a plea of "not guilty." Upon such an appearance being made or plea entered, the corporation is before the court until the case is finally disposed of. On said the indictment or, information, or complaint, no warrant of arrest may issue except for individuals who may be included in such the indictment or, information, or complaint.
Sec. 5723.01.  (A)(1) Every tract of land and town lot, which, pursuant to foreclosure proceedings under section 323.25, sections 323.65 to 323.79, or section 5721.18 of the Revised Code, has been advertised and offered for sale on two separate occasions, not less than two weeks apart, and not sold for want of bidders, shall be forfeited to the state or to a political subdivision, school district, or county land reutilization corporation pursuant to division (A)(3) of this section.
(2) The county prosecuting attorney shall certify to the court that such tract of land or town lot has been twice offered for sale and not sold for want of a bidder. Such forfeiture of lands and town lots shall be effective when the court by entry orders such lands and town lots forfeited to the state or to a political subdivision, school district, or county land reutilization corporation pursuant to division (A)(3) of this section. A copy of such entry shall be certified to the county auditor and, after the date of the certification, all the right, title, claim, and interest of the former owner is transferred to and vested in the state to be disposed of in compliance with this chapter.
(3) After having been notified pursuant to division (A)(2) of this section that the tract of land or town lot has been twice offered for sale and not sold for want of bidders, the court shall notify the political subdivision and school district in which the property is located, and any county land reutilization corporation in the county, and offer to forfeit the property to the political subdivision, school district, or corporation, or to an electing subdivision as defined in section 5722.01 of the Revised Code, upon a petition from the political subdivision, school district, or corporation. If no such petition is filed with the court within ten days after notification by the court, the court shall forfeit the property to the state. If a political subdivision, school district, or corporation requests through a petition to receive the property through forfeiture, the forfeiture of land and town lots is effective when, by entry, the court orders such lands and town lots forfeited to the political subdivision, school district, or corporation. The court shall certify a copy of the entry to the county auditor and, after the date of certification, all the right, title, claim, and interest of the former owner is transferred to and vested in the political subdivision, school district, or corporation the county auditor shall promptly transfer to such political subdivision, school district, or corporation, by auditor's deed, the fee simple title to the property free and clear of all taxes, assessments, charges, penalties, interest, and costs. Any subordinate liens shall be deemed fully and forever satisfied and discharged and the property shall be deemed sold by the state for no consideration. The political subdivision, school district, or corporation shall file the deed for recording.
(B) Every parcel against which a judgment of foreclosure and forfeiture is made in accordance with section 5721.16 of the Revised Code is forfeited to the state on the date the court enters a finding under that section. After that date, all the right, title, claim, and interest of the former owner is transferred to the state to be disposed of in compliance with the relevant provisions of this chapter.
Section 2. That existing sections 323.47, 2303.20, 2323.07, 2329.01, 2329.02, 2329.09, 2329.191, 2329.20, 2329.26, 2329.31, 2329.33, 2329.36, 2329.52, 2909.05, 2941.47, and 5723.01 of the Revised Code are hereby repealed.
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