130th Ohio General Assembly
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Am. Sub. H. B. No. 223  As Passed by the House
As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 223


Representatives Grossman, Curtin 

Cosponsors: Representatives Stinziano, Becker, Roegner, Lundy, Duffey, Mallory, Fedor, Hackett, Williams, Antonio, Beck, Driehaus, Adams, R., Anielski, Barborak, Bishoff, Boyce, Brown, Buchy, Budish, Carney, Celebrezze, Clyde, Conditt, Damschroder, Foley, Gerberry, Hagan, R., Heard, Letson, McClain, Milkovich, O'Brien, Patterson, Perales, Phillips, Ramos, Reece, Rogers, Sheehy, Slaby, Stebelton, Strahorn, Winburn Speaker Batchelder 



A BILL
To amend sections 323.47, 1901.18, 1901.185, 2303.26, 2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26, 2329.30, 2329.31, 2329.33, 2329.52, and 2909.07 and to enact sections 2308.01 to 2308.04, 2329.211, 2329.311, and 3767.51 to 3767.56 of the Revised Code to establish summary actions to foreclose mortgages on vacant and abandoned residential properties, to expedite the foreclosure and transfer of unoccupied, blighted parcels, to make other changes relative to residential foreclosure actions, and to terminate certain provisions of this act on December 31, 2019, by repealing sections 3767.51, 3767.52, 3767.53, 3767.54, 3767.55, and 3767.56 of the Revised Code on that date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 323.47, 1901.18, 1901.185, 2303.26, 2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26, 2329.30, 2329.31, 2329.33, 2329.52, and 2909.07 be amended and sections 2308.01, 2308.02, 2308.03, 2308.04, 2329.211, 2329.311, 3767.51, 3767.52, 3767.53, 3767.54, 3767.55, and 3767.56 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) 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;
(b) 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 The purchaser of real estate at a judicial sale is responsible for payment of any and all taxes and assessments, and any penalties and interest on those taxes and assessments, that attach as of the day following the date of the sale, including taxes and assessments levied for the year in which the sale occurred, apportioned pro rata after the date of the judicial sale, and any penalties and interest on those taxes and assessments.
Sec. 1901.18.  (A) Except as otherwise provided in this division or section 1901.181 of the Revised Code, subject to the monetary jurisdiction of municipal courts as set forth in section 1901.17 of the Revised Code, a municipal court has original jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions:
(1) In any civil action, of whatever nature or remedy, of which judges of county courts have jurisdiction;
(2) In any action or proceeding at law for the recovery of money or personal property of which the court of common pleas has jurisdiction;
(3) In any action at law based on contract, to determine, preserve, and enforce all legal and equitable rights involved in the contract, to decree an accounting, reformation, or cancellation of the contract, and to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties to the contract;
(4) In any action or proceeding for the sale of personal property under chattel mortgage, lien, encumbrance, or other charge, for the foreclosure and marshalling of liens on personal property of that nature, and for the rendering of personal judgment in the action or proceeding;
(5) In any action or proceeding to enforce the collection of its own judgments or the judgments rendered by any court within the territory to which the municipal court has succeeded, and to subject the interest of a judgment debtor in personal property to satisfy judgments enforceable by the municipal court;
(6) In any action or proceeding in the nature of interpleader;
(7) In any action of replevin;
(8) In any action of forcible entry and detainer;
(9) In any action concerning the issuance and enforcement of temporary protection orders pursuant to section 2919.26 of the Revised Code or protection orders pursuant to section 2903.213 of the Revised Code or the enforcement of protection orders issued by courts of another state, as defined in section 2919.27 of the Revised Code;
(10) If the municipal court has a housing or environmental division, in any action over which the division is given jurisdiction by section 1901.181 of the Revised Code, provided that, except as specified in division (B) of that section, no judge of the court other than the judge of the division shall hear or determine any action over which the division has jurisdiction;
(11) In any action brought pursuant to division (I) of section 4781.40 of the Revised Code, if the residential premises that are the subject of the action are located within the territorial jurisdiction of the court;
(12) In any civil action as described in division (B)(1) of section 3767.41 of the Revised Code that relates to a public nuisance, and, to the extent any provision of this chapter conflicts or is inconsistent with a provision of that section, the provision of that section shall control in the civil action;
(13) In a proceeding brought pursuant to section 955.222 of the Revised Code by the owner of a dog that has been designated as a nuisance dog, dangerous dog, or vicious dog.
(B) The Cleveland and Toledo municipal court courts also shall have jurisdiction within its their territory in all of the following actions or proceedings and to perform all of the following functions:
(1) In all actions and proceedings for the sale of real property under lien of a judgment of the municipal court or a lien for machinery, material, or fuel furnished or labor performed, irrespective of amount, and, in those actions and proceedings, the court may proceed to foreclose and marshal all liens and all vested or contingent rights, to appoint a receiver, and to render personal judgment irrespective of amount in favor of any party.
(2) In all actions for the foreclosure of a mortgage on real property given to secure the payment of money or the enforcement of a specific lien for money or other encumbrance or charge on real property, when the amount claimed by the plaintiff does not exceed fifteen thousand dollars and the real property is situated within the territory, and, in those actions, the court may proceed to foreclose all liens and all vested and contingent rights and may proceed to render judgments and make findings and orders between the parties in the same manner and to the same extent as in similar actions in the court of common pleas.
(3) In all actions for the recovery of real property situated within the territory to the same extent as courts of common pleas have jurisdiction;
(4) In all actions for injunction to prevent or terminate violations of the ordinances and regulations of the city of Cleveland or Toledo enacted or promulgated under the police power of the city of Cleveland or Toledo, pursuant to Section 3 of Article XVIII, Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, in those actions, the court may proceed to render judgments and make findings and orders in the same manner and to the same extent as in similar actions in the court of common pleas.
Sec. 1901.185.  (A) In addition to jurisdiction otherwise granted in this chapter, the environmental division, where established, of the municipal court shall have jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions:
(A)(1) To exercise exclusive original jurisdiction to hear actions arising under section 3767.50 of the Revised Code and in those actions to make findings and orders pertaining to blighted parcels;
(B)(2) When in aid of execution of a judgment of the environmental division of the municipal court rendered pursuant to section 3767.50 of the Revised Code, in actions for the foreclosure of a mortgage on real property given to secure the payment of money, or the enforcement of a specific lien for money or other encumbrance or charge on real property, when the real property is situated within the territory, to foreclose all liens and all vested and contingent rights, render judgments, and make findings and orders, between the parties, in the same manner and to the same extent as in similar cases in the court of common pleas.
(B) In addition to jurisdiction otherwise granted in this chapter, the housing or environmental division, where established, of the municipal court shall have jurisdiction within its territory to exercise exclusive original jurisdiction to hear actions arising under section 2308.02 of the Revised Code and in those actions to make findings and orders pertaining to vacant and abandoned properties pursuant to section 2308.02 of the Revised Code.
(C) For the time period beginning on the effective date of this amendment and ending December 31, 2019, in addition to jurisdiction otherwise granted in this chapter, the housing or environmental division, where established, of the municipal court shall have jurisdiction within its territory to exercise exclusive original jurisdiction to hear actions arising under section 3767.52 of the Revised Code and in those actions to make findings and orders pertaining to unoccupied, blighted parcels pursuant to sections 3767.52 and 3767.53 of the Revised Code.
Sec. 2303.26.  The clerk of the court of common pleas shall exercise the powers conferred and perform the duties enjoined upon him the clerk by statute and by the common law; and in the performance of his official duties he the clerk shall be under the direction of his such court. The clerk shall not restrict, prohibit, or otherwise modify the rights of parties to seek service on party defendants allowed by the Ohio rules of civil procedure, either singularly or concurrently.
Sec. 2308.01. As used in this chapter:
(A) "Residential mortgage loan" means a loan or agreement to extend credit, including the renewal, refinancing, or modification of such a loan or agreement, that is made to a person and that is primarily secured by a mortgage, deed of trust, or other lien upon any interest in residential property or any certification of stock or other evidence of ownership in, and a proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of 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, but does not include a manufactured or mobile home that is not taxed as real property.
Sec. 2308.02.  (A) For purposes of this section, a residential property shall be considered vacant and abandoned if both of the following apply:
(1) The owner of the residential property is in default on the residential mortgage loan secured by the residential property.
(2) Two or more of the following circumstances apply:
(a) At the time of the inspection of the land by the appropriate official of a county, municipal corporation, or township in which the land is located or by the holder of the mortgage note, or the holder's representative, no person is visibly present from an exterior inspection of the property.
(b) No utility connections, including water, sewer, natural gas, or electric connections, service the property, or no such utility connections are actively being billed by any utility provider regarding the property.
(c) The property is sealed because, immediately prior to being sealed, it was considered by the appropriate official to be open, vacant, or vandalized.
(d) Junk, litter, trash, debris, or hazardous, noxious, or unhealthy substances or materials have accumulated on the property.
(e) Furnishings, window treatments, and personal items are absent from the structure on the land.
(f) Neighbors, delivery persons, or government employees provide statements indicating that the structure on the land is vacant and abandoned.
(g) A risk to the health and safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property.
(h) A mortgagor issues a written statement expressing clear intent of all mortgagors to abandon the property.
(i) Any other reasonable indicia of abandonment exists.
(B) In addition to the procedures set forth in sections 323.65 to 323.79 and 3767.50 of the Revised Code, if a residential mortgage loan is secured by residential property that appears to be vacant and abandoned pursuant to division (A)(2) of this section, and the owner of the residential property is in default on the loan, the holder of the mortgage note for that residential mortgage loan may bring a summary action in a court of competent jurisdiction to foreclose that residential mortgage loan. The holder of the mortgage note, at the time of filing a foreclosure action or any time thereafter, may file with the court a motion to proceed in a summary manner if the residential property that is the subject of the foreclosure action is believed to be vacant and abandoned.
(C) If, at the time that a holder of a mortgage note brings an action to foreclose on a residential mortgage loan, the holder files a motion for summary foreclosure under this section, the court shall hear the motion for summary foreclosure not earlier than before the period to answer the foreclosure complaint has expired and not later than fifteen days after the period to answer the foreclosure complaint has expired. If the holder of the mortgage note files the motion for summary foreclosure after the period to answer the foreclosure complaint has expired, the court shall hear the motion not later than fifteen days after the motion is filed.
(D) The hearing on a motion for summary foreclosure shall be given priority by the court and shall be scheduled to be heard within the applicable time period set forth in division (C) of this section.
(E) In addition to the service of process required by the Rules of Civil Procedure, to obtain an entry of judgment in a residential mortgage loan foreclosure action under this section, a holder of a mortgage note shall establish that a process server or sheriff has made two unsuccessful attempts to serve the mortgagor or occupant at the residential property. To satisfy the requirement specified in this division, the holder of the mortgage note shall demonstrate that the attempts were at least forty-eight hours apart and during different times of the day.
(F) In addition to any notices required to be served by law or the Rules of Civil Procedure, a holder of a mortgage note shall serve a notice that the holder is seeking, on the date fixed by the court, to proceed summarily for entry of judgment in a residential mortgage loan foreclosure action under this section because the property is believed to be vacant and abandoned. This notice shall be served by ordinary mail to the mortgagor's last known address, and the sender shall obtain a certificate of mailing. The notice shall be sent at least seven days before the hearing described in division (C) of this section occurs. Service by ordinary mail is complete when the certificate of mailing is obtained, unless the notice is returned showing failure of delivery.
(G) At the hearing held pursuant to division (C) of this section, the court shall determine whether a property is vacant and abandoned pursuant to the standards described in division (A) of this section. The owner of the property may make an appearance at this hearing and submit evidence that the property is not vacant and abandoned. At the end of the hearing, the court shall make a finding on whether the property owner is in default on the residential mortgage loan secured by the residential property and whether two or more of the circumstances listed in division (A)(2) of this section apply to the residential property.
(1) Not earlier than the expiration of the period of time to answer the foreclosure complaint or the period of time to respond to a motion for judgment under the Rules of Civil Procedure, whichever period expires later, the court shall enter a final judgment of foreclosure and order the sheriff to sell the property in accordance with division (I) of this section if the court finds by clear and convincing evidence that both of the following apply:
(a) The property owner is in default on the residential mortgage loan secured by the residential property;
(b) Two or more of the circumstances listed in division (A)(2) of this section apply to the residential property and those circumstances are not outweighed by the evidence submitted by the property owner.
(2) A court shall not enter a final judgment in a residential mortgage loan foreclosure action under this section if a court finds that any of the following apply:
(a) The residential property is not vacant or abandoned because either less than two of the circumstances listed in division (A)(2) of this section apply or because the evidence submitted by the property owner outweighs the circumstances established.
(b) The mortgagor or any other defendant has filed an answer, appearance, or other written objection that is not withdrawn and the defenses or objection asserted provide cause to preclude the entry of a final judgment.
(c) The property owner is not in default on the residential mortgage loan secured by the residential property.
(H) Nothing in this section shall supersede or limit other procedures adopted by the court to resolve residential mortgage loan foreclosure actions, including foreclosure mediation.
(I) If the court enters a judgment on a residential mortgage loan foreclosure action and orders a sale of the property under division (G) of this section, the sheriff shall sell the property within seventy-five days after the sheriff's receipt of any writ of execution issued by the court in accordance with the procedures specified in this chapter and Chapter 2329. of the Revised Code.
(J) If a residential property becomes vacant and abandoned after a decree of foreclosure has been entered, upon good cause shown, the plaintiff may file a motion that the court determine the property to be vacant and abandoned as described in division (A) of this section and order the sheriff to sell it pursuant to division (I) of this section. If a court finds that the residential property is vacant and abandoned, the court shall enter a judgment on the residential mortgage loan foreclosure action under this section and the sheriff shall sell the property in accordance with division (I) of this section.
Sec. 2308.03.  (A) Except as otherwise provided in division (B) of this section, if a residential property is found to be vacant and abandoned under section 2308.02 of the Revised Code, a holder of a mortgage note on the residential property may enter that property to secure and protect it from damage.
(B) A holder of a mortgage note who has not filed a residential mortgage loan foreclosure action on a property for which the holder holds a mortgage may enter and secure that property only if the mortgage contract or other documents provide for such an entry.
(C)The equitable and statutory rights to redemption of a mortgage on a property found to be vacant and abandoned pursuant to section 2308.02 of the Revised Code expire upon the confirmation of sale of the property.
Sec. 2308.04.  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 loan foreclosure action relating to that property is guilty of criminal mischief in violation of section 2909.07 of the Revised Code.
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 loan" 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 loan 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.
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. 2329.21.  If the sum bid by the purchaser for the real estate sold under section 2329.20 of the Revised Code relating to the enforcement of junior liens is insufficient to pay the costs and allowance which the court has determined prior to such sale should be paid out of the proceeds thereof, pursuant to the terms of the mortgage or lien sought to be enforced, then the purchaser, in addition to the amount of his the purchaser's bid, must pay a sum which with the amount so bid will be sufficient to pay the costs and allowances. The court may fix the amount remaining unpaid on such claims or obligations for the purpose of the sale, and to that end require the parties to the suit to furnish to it satisfactory evidence of such unpaid amount. The advertisement for the sale of real estate sold under section 2329.20 of the Revised Code shall state that the purchaser shall be responsible for those costs and allowances that the proceeds of the sale are insufficient to cover.
Sec. 2329.211.  A successful purchaser at a sale of lands and tenements taken in execution shall make a deposit in the amount of five per cent of the appraised value of the property, but not less than five thousand dollars or more than ten thousand dollars, to the officer conducting the sale. The deposit is due at the time of sale, unless the purchaser is the plaintiff in the action or the judgment creditor. In that case, the deposit shall be tendered to the officer by the close of business the day of the sale. Failure of the purchaser to timely make its deposit shall invalidate the sale.
Sec. 2329.23.  All notices and advertisements for the sale of lands and tenements located in a municipal corporation, made by virtue of the proceedings in a court of record, in addition to a description of the lands and tenements, shall contain the street number of the buildings erected on the lands, or the street number of the lots offered for sale. If no such number exists, then the notice or advertisement shall contain the name of the street or road upon which the lands and tenements are located together with the names of the streets or roads immediately north and south or east and west of the lands and tenements that cross or intersect the street or road upon which they are located. The notice or advertisement shall, if applicable, include the web site address of the officer who makes the sale that allows a person to obtain a complete legal description of the lands and tenements.
All notices and advertisements for the sale of residential property located in a municipal corporation, made by virtue of the proceeding in a court of record pursuant to a mortgage loan foreclosure action, shall include the provisional date for a second sale of the property, should the property not sell for the minimum bid established pursuant to section 2329.20 of the Revised Code.
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, and of the provisional second sale described in division (B) of section 2329.52 of the Revised Code, if applicable, 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, and of the provisional second sale described in division (B) of section 2329.52 of the Revised Code, if applicable, once a week for at least three consecutive weeks before the day of sale by advertisement in a newspaper of general circulation in the county. The newspaper shall meet the requirements of section 7.12 of the Revised Code. The court ordering the sale may designate in the order of sale the newspaper in which this public notice shall be published.
(3) The officer taking the lands and tenements shall collect the purchaser's information required by section 2329.271 of the Revised Code.
(B) A sale of lands and tenements taken in execution may be set aside in accordance with division (A) or (B) of section 2329.27 of the Revised Code.
Sec. 2329.30.  The court from which an execution or order of sale issues, upon notice and motion of the officer who makes the sale or of an interested party, may punish any purchaser of lands and tenements who fails to pay within thirty days of the confirmation of the sale the balance due on the purchase price of the lands and tenements by forfeiting the sale of the lands and tenements and returning any deposit paid in connection with the sale of the lands and tenements, by forfeiting any deposit paid in connection with the sale of the lands and tenements, as for contempt, or in any other manner the court considers appropriate. Upon motion, the court shall order the return of any remaining portion of the deposit of the purchaser, less the costs of a subsequent sale and any other remedy the court considers appropriate. The effect of an order for contempt for failure of the purchaser to pay shall be considered an order to void the confirmation of sale and transfer.
Sec. 2329.31. (A) 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 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 the confirmation of the sale the balance due on the purchase price of the lands and tenements.
(C) The officer making the sale shall record the prepared deed required by section 2329.36 of the Revised Code within fourteen days after the confirmation of sale or payment of the balance due, whichever is later. If the deed is not prepared or recorded within the fourteen-day period, the recording of the order of confirmation of sale by the purchaser shall serve to transfer the title of the property to the purchaser as described in division (D) of this section. The confirmation of sale shall include a statement that it serves to transfer title if the deed is not transferred within fourteen days after the confirmation of sale or payment of the balance due.
(D) The order of confirmation shall, upon the expiration of the fourteen-day period described in division (C) of this section and unless stayed by the court pending timely appeal along with the posting of an adequate supersedeas bond, serve to transfer the title of the property to the purchaser. The plaintiff, or the plaintiff's attorney, shall cause a certified copy of the order of confirmation to be recorded in the office of the county recorder. The clerk shall issue a copy of the order to the county auditor to transfer record ownership of the property for the purpose of real estate taxes. Real estate taxes coming due after the date of the confirmation of sale shall not prohibit the auditor from transferring ownership of the property on its records or cause the recorder to deny recording. The real estate taxes shall become the responsibility of the new title holder of the property. The sheriff shall not require the confirmation of sale to be amended for taxes not due and payable as of the date of the sale.
Sec. 2329.311.  In sales of residential properties taken in execution or order of sale that are sold at an auction with no set minimum bid pursuant to division (B) of section 2329.52 of the Revised Code, the judgment creditor and the first lienholder each have the right to redeem the property within fourteen days after the sale by paying the purchase price. The redeeming party shall pay the purchase price to the clerk of the court in which the judgment was rendered or the order of sale was made. Upon timely payment, the court shall proceed as described in section 2329.31 of the Revised Code, with the redeeming party considered the successful purchaser at sale.
Sec. 2329.33.  In Except as provided in division (C) of section 2308.03 or any other section of the Revised Code, in sales of real estate on execution or order of sale, at any time before the confirmation thereof, 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 Redemption of the debtor is a satisfaction of the judgment against the debtor only and shall not serve to discharge the judgment debtor of the judgment creditor's advancements for real estate taxes, insurance premium, and property protection if such a requirement was included in the judgment. Upon successful redemption, the judgment debtor may petition the court to require the judgment creditor to provide an itemization of those advances within a reasonable amount of time for payment by the judgment debtor. Should the judgment debtor pay all sums required by this section, 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. 2329.52.  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 loan 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 no set minimum bid, and the residential property shall be sold to the highest bidder. This second auction shall be held not earlier than seven days and not later than thirty days after the first auction. As a condition of the second auction, the purchaser shall pay, in addition to the amount bid, a deposit to the sheriff to be used to pay the costs and allowances of the sale. This deposit shall be not less than five thousand dollars and not more than ten thousand dollars, as determined by the sheriff. The sheriff shall return the deposit, less the amount used for costs and allowances, to the purchaser within fourteen days after the transfer of sale. A residential property that remains unsold after two auctions may be subsequently offered for sale from time to time with no set minimum bid or disposed of in any other manner pursuant to this chapter or any other provision of the Revised Code.
Sec. 2909.07.  (A) No person shall:
(1) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another or one's own property after a foreclosure complaint is filed against that property;
(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed or that tends to cause public alarm;
(3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;
(4) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;
(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land;
(6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, knowingly do any of the following:
(a) In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;
(b) Introduce a computer contaminant into a computer, computer system, computer network, computer software, or computer program.
(B) As used in this section, "safety device" means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.
(C)(1) Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in division (C)(2) or (3) of this section.
(2) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of division (A)(1), (2), (3), (4), or (5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the first degree. If the property involved in the violation of division (A)(1), (2), (3), (4), or (5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is one of the following:
(a) If the violation creates a risk of physical harm to any person, except as otherwise provided in division (C)(2)(b) of this section, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fifth degree.
(b) If the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fourth degree.
(3) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(6) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division, if the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is one thousand dollars or more and less than ten thousand dollars, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fifth degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is ten thousand dollars or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a substantial risk of physical harm to any person or the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fourth degree.
Sec. 3767.51.  As used in sections 3767.52 to 3767.56 of the Revised Code:
(A) "Blighted parcel" has the same meaning as in section 1.08 of the Revised Code, except it does not include a manufactured or mobile home that is subject to real property taxes under section 4503.06 of the Revised Code.
(B) "Unoccupied" means any of the following:
(1) Property that is not physically inhabited or used as a dwelling;
(2) Property on which no trade or business is actively being conducted by the owner or another party occupying the parcel pursuant to a lease or other legal authority;
(3) Property that is uninhabited with no signs or active indications that it is undergoing improvements.
Sec. 3767.52.  (A) A municipal corporation may commence a cause of action by filing a complaint in the housing or environmental division of a municipal court against the owner of property that is an unoccupied, blighted parcel located in that municipal corporation. The complaint shall seek an order that the owner remediate the conditions of the property constituting blight.
(B) Upon commencing an action pursuant to division (A) of this section, a municipal corporation shall do both of the following:
(1) In addition to service required under the Rules of Civil Procedure, cause service of the complaint to all entities that hold a lien or other interest in the property, as indicated in the public record;
(2) Cause service of a notice to all entities that hold a lien or other interest in the property, as indicated in the public record, which states both of the following:
(a) The lienholder or interested person may remediate the conditions of the property constituting blight within a period of time determined by the municipal corporation.
(b) If the blight is not remediated, the housing or environmental division of the municipal court in which the complaint was filed shall order the blighted parcel to be sold free and clear of all liens and interests in the property other than federal tax liens.
(C)(1) A person who receives the complaint and notice described in division (B) of this section shall have sixty days after the service to certify to the court that the person will remediate the conditions of the property constituting blight. A person wishing to certify remediation shall propose to the court a period of time within which the person will remediate the conditions constituting blight. The court may approve or disapprove a certification of remediation. If the court approves the certification, the court shall stay the action until the period of time for remediation has elapsed. If the court disapproves the certification due to a proposal of an unreasonable period of time for remediation, the court shall establish a reasonable period of time within which the person shall remediate the conditions constituting blight. The person shall accept or reject the court's proposed period of time for remediation. If the person accepts the court's proposed period of time for remediation, the person shall certify that it will remediate the conditions constituting blight, and the court shall approve the certification. If the person rejects the court's proposed period of time for remediation, the court shall proceed as if no certification was made.
More than one lienholder or interested person may make a certification for remediation. If more than one person makes a certification, the court shall approve the certification of the lienholder or person who proposes to remediate the conditions constituting blight within the shortest period of time.
(2) If a lienholder or interested person certifies that it will remediate the conditions constituting blight but does not do so within the accepted period of time established pursuant to division (C)(1) of this section, or if no person makes a certification within the period of time stated in the notice described in division (B)(2) of this section, the lien or other interest of the persons in the property shall be extinguished but may be paid pursuant to division (D) of section 3767.54 of the Revised Code. The lienholder may still pursue payment of the debt represented by the lien, and a person may still seek recourse for the loss of other interest against the owner of the property if otherwise permitted by law.
(3) If the lienholder or other interested person remediates the blight, the court shall grant the lienholder or other interested person a lien in the amount expended to remediate the conditions constituting blight.
(D) If the court finds that the property was unoccupied at the time the complaint was filed and is a blighted parcel, and if no lienholder or other interested person has certified in accordance with division (C)(1) of this section that it will remediate the conditions constituting blight or if such a person certifies that it will remediate the blight but fails to timely do so, the court shall order the owner to remediate the conditions constituting blight within a specified period of time. If the blight is not remediated within this period of time, the court shall order the property sold pursuant to sections 3767.53 and 3767.54 of the Revised Code. If the blight is remediated, the court shall dismiss the action.
Sec. 3767.53.  (A) A housing or environmental division of a municipal court shall order the sale of an unoccupied, blighted parcel pursuant to section 3767.54 of the Revised Code by the sheriff of the county where the property is located, if all of the following apply:
(1) The municipal corporation commenced a cause of action by filing a complaint for the owner of the blighted parcel to remediate the conditions of the property constituting blight in accordance with division (A) of section 3767.52 of the Revised Code.
(2) The municipal corporation caused service of the complaint and notice in accordance with division (B) of section 3767.52 of the Revised Code.
(3) One of the following applies:
(a) No lienholder or other interested person certified that it would remediate the conditions constituting blight pursuant to division (C) of section 3767.52 of the Revised Code.
(b) A lienholder or other interested person certified that it would remediate the conditions constituting blight, but does not do so within the accepted period of time established pursuant to division (C) of section 3767.52 of the Revised Code.
(4) The court has entered a finding that the property was unoccupied at the time the complaint described in division (A)(1) of this section was filed and is a blighted parcel pursuant to division (D) of section 3767.52 of the Revised Code.
(5) The court ordered the owner of the property to remediate the conditions constituting blight pursuant to division (D) of section 3767.52 of the Revised Code and the owner failed to do so.
(B) If a property that a housing or environmental division of a municipal court orders sold under this section remains unsold for want of qualified bidders, as defined in section 3767.54 of the Revised Code, after having been advertised and offered for sale in accordance with that section, the court may, on motion of the municipal corporation and from time to time until the property is sold, order a new sale.
(C) The housing or environmental division of a municipal court has exclusive original jurisdiction of an action under sections 3767.52 to 3767.54 of the Revised Code.
Sec. 3767.54.  (A) If the housing or environmental division of a municipal court orders an unoccupied, blighted parcel to be sold pursuant to section 3767.53 of the Revised Code, the sheriff of the county where the property is located shall do all of the following:
(1) Cause notice of the sale and notice that only qualified bidders are eligible to purchase the unoccupied, blighted parcel to be sent to both of the following:
(a) The owner of the property in the same manner as provided in section 2329.091 of the Revised Code;
(b) The public in the same manner as provided in division (A)(2) of section 2329.26 of the Revised Code, except the date, time, and place of the sale need only be published once at least one week before the day of sale by advertisement in a newspaper of general circulation in the county.
(2) Verify that each bidder who intends to bid at the sale is included in the list of qualified bidders provided to the sheriff in accordance with section 3767.55 of the Revised Code and is in possession of proof that the bidder is a qualified bidder;
(3) Conduct the sale of the property;
(4) Provide a deed to the purchaser;
(5) Distribute the proceeds of the sale in accordance with division (D) of this section;
(6) Collect fees pursuant to section 311.17 of the Revised Code.
(B) A property sold pursuant to this section shall be sold free and clear of all liens, including all taxes and assessments other than federal taxes, to the highest qualified bidder.
(C) No appraisal of or minimum bid for the property shall be required as a condition of a sale conducted pursuant to this section.
(D) The proceeds of the sale conducted pursuant to this section shall first be paid to satisfy the costs of the municipal corporation for bringing the action under section 3767.52 of the Revised Code and then shall be distributed according to the priorities otherwise established by law, including to lienholders whose liens are extinguished by the sale.
(E)(1) After a sale conducted pursuant to this section, the housing or environmental division of the municipal court shall make an entry on the journal that the court is satisfied of the legality of the sale.
(2) Notwithstanding section 2329.36 of the Revised Code, the municipal corporation who filed the complaint pursuant to division (A) of section 3767.52 of the Revised Code shall file and record the deed of the property in accordance with that section.
(F) As used in sections 3767.53 to 3767.56 of the Revised Code, "qualified bidder" means one of the following:
(1) A lienholder of the property;
(2) A person who satisfies all of the following criteria:
(a) Has been prequalified, in accordance with section 3767.55 of the Revised Code;
(b) Has the capacity to remediate the conditions that constitute blight of the blighted parcel;
(c) Has agreed, as a condition of the sale, to remediate the conditions constituting blight within the time period the bidder owns the property or within twelve months after the date of the sale, whichever period of time is less, to the satisfaction of the municipal corporation that commenced the action under section 3767.52 of the Revised Code in relation to the property.
Sec. 3767.55. A municipal corporation that commences a cause of action under section 3767.52 of the Revised Code shall do the following:
(A) Establish qualifications to allow a person to bid at a sheriff's sale conducted pursuant to section 3767.54 of the Revised Code, which shall include a requirement that the person be a lienholder or be able and willing to remediate the conditions that constitute blight of the unoccupied, blighted parcel and agree to remediate the conditions within twelve months after the date of the sale;
(B) Issue proof of qualification to a qualified bidder in a form determined by the municipal corporation;
(C) Compile a list of qualified bidders for each sale;
(D) Provide the list of qualified bidders to the sheriff conducting the sale at least one day prior to the sale.
Sec. 3767.56.  If the successful qualified bidder of a property sold under section 3767.54 of the Revised Code fails to remediate the conditions constituting blight of the property within the time period specified in that section, the municipal corporation that commenced the cause of action under section 3767.52 of the Revised Code in relation to that property may remediate the conditions constituting blight of the property, and may take a judgment against the successful qualified bidder for the costs of the remediation.
Section 2.  That existing sections 323.47, 1901.18, 1901.185, 2303.26, 2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26, 2329.30, 2329.31, 2329.33, 2329.52, and 2909.07 of the Revised Code are hereby repealed.
Section 3.  Sections 3767.51, 3767.52, 3767.53, 3767.54, 3767.55, and 3767.56 of the Revised Code are hereby repealed, effective December 31, 2019.
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