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S. B. No. 234 As IntroducedAs Introduced
|129th General Assembly|
Senators Seitz, Balderson
To amend section 2329.26 of the Revised Code to
authorize county sheriffs to advertise foreclosure
sales via a web site.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2329.26 of the Revised Code be
amended to read as follows:
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
(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 for at least
three weeks before the day of sale by
advertisement either of the
(a) Advertisement on a web site maintained or made available
by the county;
(b) 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
The public notice is subject to division (A) of section
2329.27 of the Revised Code if the officer conducting the sale
chooses to publish the notice in a newspaper, or if the court
ordering the sale requires the officer to publish the notice in a
newspaper. If the court ordering the sale requires the officer to
publish the notice in a newspaper, the court may designate in the
order of sale the newspaper in which this public notice shall be
(3) The officer taking the lands and tenements shall collect
the purchaser's information required by section 2329.271 of the
(B) 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.
Section 2. That existing section 2329.26 of the Revised Code
is hereby repealed.