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

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Bill Title: On that date.

Spectrum: Slight Partisan Bill (Democrat 31-16)

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

Download: Ohio-2013-HB223-Engrossed.html

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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 

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A BILL

To amend sections 323.47, 1901.18, 1901.185, 2303.26,

1

2329.01, 2329.02, 2329.20, 2329.21, 2329.23,

2

2329.26, 2329.30, 2329.31, 2329.33, 2329.52, and

3

2909.07 and to enact sections 2308.01 to 2308.04,

4

2329.211, 2329.311, and 3767.51 to 3767.56 of the

5

Revised Code to establish summary actions to

6

foreclose mortgages on vacant and abandoned

7

residential properties, to expedite the

8

foreclosure and transfer of unoccupied, blighted

9

parcels, to make other changes relative to

10

residential foreclosure actions, and to terminate

11

certain provisions of this act on December 31,

12

2019, by repealing sections 3767.51, 3767.52,

13

3767.53, 3767.54, 3767.55, and 3767.56 of the

14

Revised Code on that date.

15

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

Section 1.  That sections 323.47, 1901.18, 1901.185, 2303.26,	16
2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26, 2329.30,	17
2329.31, 2329.33, 2329.52, and 2909.07 be amended and sections	18
2308.01, 2308.02, 2308.03, 2308.04, 2329.211, 2329.311, 3767.51,	19
3767.52, 3767.53, 3767.54, 3767.55, and 3767.56 of the Revised	20
Code be enacted to read as follows:	21

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

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

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

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

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

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

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

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

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

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

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

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

(7) In any action of replevin;

108

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

109

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 2308.01. As used in this chapter:

212

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

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

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

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

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

234

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

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

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

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

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

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

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

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

(i) Any other reasonable indicia of abandonment exists.

261

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

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

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

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

(F) In addition to any notices required to be served by law	299
or the Rules of Civil Procedure, a holder of a mortgage note shall	300
serve a notice that the holder is seeking, on the date fixed by	301
the court, to proceed summarily for entry of judgment in a	302
residential mortgage loan foreclosure action under this section	303
because the property is believed to be vacant and abandoned. This	304
notice shall be served by ordinary mail to the mortgagor's last	305
known address, and the sender shall obtain a certificate of	306
mailing. The notice shall be sent at least seven days before the	307
hearing described in division (C) of this section occurs. Service	308
by ordinary mail is complete when the certificate of mailing is	309
obtained, unless the notice is returned showing failure of	310
delivery.	311

(G) At the hearing held pursuant to division (C) of this	312
section, the court shall determine whether a property is vacant	313
and abandoned pursuant to the standards described in division (A)	314
of this section. The owner of the property may make an appearance	315
at this hearing and submit evidence that the property is not	316
vacant and abandoned. At the end of the hearing, the court shall	317
make a finding on whether the property owner is in default on the	318
residential mortgage loan secured by the residential property and	319
whether two or more of the circumstances listed in division (A)(2)	320
of this section apply to the residential property.	321

(1) Not earlier than the expiration of the period of time to	322
answer the foreclosure complaint or the period of time to respond	323
to a motion for judgment under the Rules of Civil Procedure,	324
whichever period expires later, the court shall enter a final	325
judgment of foreclosure and order the sheriff to sell the property	326
in accordance with division (I) of this section if the court finds	327
by clear and convincing evidence that both of the following apply:	328

(a) The property owner is in default on the residential	329
mortgage loan secured by the residential property;	330

(b) Two or more of the circumstances listed in division	331
(A)(2) of this section apply to the residential property and those	332
circumstances are not outweighed by the evidence submitted by the	333
property owner.	334

(2) A court shall not enter a final judgment in a residential	335
mortgage loan foreclosure action under this section if a court	336
finds that any of the following apply:	337

(a) The residential property is not vacant or abandoned	338
because either less than two of the circumstances listed in	339
division (A)(2) of this section apply or because the evidence	340
submitted by the property owner outweighs the circumstances	341
established.	342

(b) The mortgagor or any other defendant has filed an answer,	343
appearance, or other written objection that is not withdrawn and	344
the defenses or objection asserted provide cause to preclude the	345
entry of a final judgment.	346

(c) The property owner is not in default on the residential	347
mortgage loan secured by the residential property.	348

(H) Nothing in this section shall supersede or limit other	349
procedures adopted by the court to resolve residential mortgage	350
loan foreclosure actions, including foreclosure mediation.	351

(I) If the court enters a judgment on a residential mortgage	352
loan foreclosure action and orders a sale of the property under	353
division (G) of this section, the sheriff shall sell the property	354
within seventy-five days after the sheriff's receipt of any writ	355
of execution issued by the court in accordance with the procedures	356
specified in this chapter and Chapter 2329. of the Revised Code.	357

(J) If a residential property becomes vacant and abandoned	358
after a decree of foreclosure has been entered, upon good cause	359
shown, the plaintiff may file a motion that the court determine	360
the property to be vacant and abandoned as described in division	361
(A) of this section and order the sheriff to sell it pursuant to	362
division (I) of this section. If a court finds that the	363
residential property is vacant and abandoned, the court shall	364
enter a judgment on the residential mortgage loan foreclosure	365
action under this section and the sheriff shall sell the property	366
in accordance with division (I) of this section.	367

Sec. 2308.03.  (A) Except as otherwise provided in division	368
(B) of this section, if a residential property is found to be	369
vacant and abandoned under section 2308.02 of the Revised Code, a	370
holder of a mortgage note on the residential property may enter	371
that property to secure and protect it from damage.	372

(B) A holder of a mortgage note who has not filed a	373
residential mortgage loan foreclosure action on a property for	374
which the holder holds a mortgage may enter and secure that	375
property only if the mortgage contract or other documents provide	376
for such an entry.	377

(C)The equitable and statutory rights to redemption of a	378
mortgage on a property found to be vacant and abandoned pursuant	379
to section 2308.02 of the Revised Code expire upon the	380
confirmation of sale of the property.	381

Sec. 2308.04.  A person who is an owner of residential	382
property who knowingly causes physical harm to that property after	383
the person has been personally served with a summons and complaint	384
in a residential mortgage loan foreclosure action relating to that	385
property is guilty of criminal mischief in violation of section	386
2909.07 of the Revised Code.	387

Sec. 2329.01. (A) Lands and tenements, including vested	388
legal interests therein, permanent leasehold estates renewable	389
forever, and goods and chattels, not exempt by law, shall be	390
subject to the payment of debts, and liable to be taken on	391
execution and sold as provided in sections 2329.02 to 2329.61,	392
inclusive, of the Revised Code.	393

(B) As used in sections 2329.02 to 2329.61 of the Revised	394
Code, "residential mortgage loan" and "residential property" have	395
the same meanings as in section 2308.01 of the Revised Code.	396

Sec. 2329.02. (A) Any judgment or decree rendered by any	397
court of general jurisdiction, including district courts of the	398
United States, within this state shall be a lien upon lands and	399
tenements of each judgment debtor within any county of this state	400
from the time there is filed in the office of the clerk of the	401
court of common pleas of such county a certificate of such	402
judgment, setting forth the court in which the same was rendered,	403
the title and number of the action, the names of the judgment	404
creditors and judgment debtors, the amount of the judgment and	405
costs, the rate of interest, if the judgment provides for	406
interest, and the date from which such interest accrues, the date	407
of rendition of the judgment, and the volume and page of the	408
journal entry thereof.	409

(B) No such judgment or decree shall be a lien upon any	410
lands, whether or not situated within the county in which such	411
judgment is rendered, registered under sections 5309.02 to	412
5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the	413
Revised Code, until a certificate under the hand and official seal	414
of the clerk of the court in which the same is entered or of	415
record, stating the date and purport of the judgment, giving the	416
number of the case, the full names of the parties, plaintiff and	417
defendant, and the volume and page of the journal or record in	418
which it is entered, or a certified copy of such judgment, stating	419
such facts, is filed and noted in the office of the county	420
recorder of the county in which the land is situated, and a	421
memorial of the same is entered upon the register of the last	422
certificate of title to the land to be affected.	423

Such certificate shall be made by the clerk of the court in	424
which the judgment was rendered, under the seal of said court,	425
upon the order of any person in whose favor such judgment was	426
rendered or upon the order of any person claiming under hima	427
person in whose favor such judgment was rendered, and shall be	428
delivered to the party so ordering the same; and the fee therefor	429
shall be taxed in the costs of the action.	430

(C) When any such certificate is delivered to the clerk of	431
the court of common pleas of any county in this state, the same	432
shall be filed by such clerk, and hethe clerk shall docket and	433
index it under the names of the judgment creditors and the	434
judgment debtors in a judgment docket, which shall show as to each	435
judgment all of the matters set forth in such certificate as	436
required by this section. The fee for such filing, docketing, and	437
indexing shall be taxed as increased costs of such judgment upon	438
such judgment docket and shall be included in the lien of the	439
judgment.	440

(D) When the clerk of any court, other than that rendering	441
the judgment, in whose office any such certificate is filed, has	442
docketed and indexed the same, hethe clerk shall indorse upon	443
such certificate the fact of such filing with the date thereof and	444
the volume and page of the docket entry of such certificate and	445
shall return the same so indorsed to the clerk of the court in	446
which the judgment was rendered, who shall note upon the original	447
docket the fact of the filing of said certificate, showing the	448
county in which the same was filed and the date of such filing.	449
When such certificate is filed, docketed, and indexed in the	450
office of the clerk of the court which rendered the judgment, such	451
clerk shall likewise indorse the certificate and make like	452
notation upon the original docket.	453

Each such judgment shall be deemed to have been rendered in	454
the county in which is kept the journal of the court rendering the	455
same, in which journal such judgment is entered.	456

(E) Certificates or certified copies of judgments or decrees	457
of any courts of general jurisdiction, including district courts	458
of the United States, within this state, may be filed, registered,	459
noted, and memorials thereof entered, in the office of the	460
recorder of any county in which is situated land registered under	461
sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21,	462
inclusive, of the Revised Code, for the purpose of making such	463
judgments liens upon such registered land.	464

(F) Notwithstanding any other provision of the Revised Code,	465
any judgment issued in a court of record may be transferred to any	466
other court of record. Any proceedings for collection may be had	467
on such judgment the same as if it had been issued by the	468
transferee court.	469

(G) When a clerk files a judgment of foreclosure in a	470
residential mortgage loan foreclosure action, the clerk shall	471
provide notice of that filing to the judgment debtor, the judgment	472
creditor, and any lienholder who has appeared in the action.	473

Sec. 2329.20. NoExcept as otherwise provided in this	474
section or sections 2329.51 and 2329.52 of the Revised Code, no	475
tract of land shall be sold for less than two-thirds of the value	476
returned in the inquest required by section 2329.17 of the Revised	477
Code; except that in. In all cases wherein which a junior	478
mortgage or other junior lien is sought to be enforced against	479
real estate by an order, judgment, or decree of court, subject to	480
a prior lien thereon, and such prior lien, and the claims or	481
obligations secured thereby, are unaffected by such order,	482
judgment, or decree, the court making such order, judgment, or	483
decree, may determine the minimum amount for which such real	484
estate may be sold, such minimum amount to be not less than	485
two-thirds of the difference between the value of the real estate	486
appraised as provided in such section, and the amount remaining	487
unpaid on the claims or obligations secured by such prior lien.	488
The price at which a foreclosed residential property sells at a	489
sheriff's auction shall not be used as a basis for establishing	490
the market value of any other property.	491

Sec. 2329.21.  If the sum bid by the purchaser for the real	492
estate sold under section 2329.20 of the Revised Code relating to	493
the enforcement of junior liens is insufficient to pay the costs	494
and allowance which the court has determined prior to such sale	495
should be paid out of the proceeds thereof, pursuant to the terms	496
of the mortgage or lien sought to be enforced, then the purchaser,	497
in addition to the amount of histhe purchaser's bid, must pay a	498
sum which with the amount so bid will be sufficient to pay the	499
costs and allowances. The court may fix the amount remaining	500
unpaid on such claims or obligations for the purpose of the sale,	501
and to that end require the parties to the suit to furnish to it	502
satisfactory evidence of such unpaid amount. The advertisement for	503
the sale of real estate sold under section 2329.20 of the Revised	504
Code shall state that the purchaser shall be responsible for those	505
costs and allowances that the proceeds of the sale are	506
insufficient to cover.	507

Sec. 2329.211.  A successful purchaser at a sale of lands and	508
tenements taken in execution shall make a deposit in the amount of	509
five per cent of the appraised value of the property, but not less	510
than five thousand dollars or more than ten thousand dollars, to	511
the officer conducting the sale. The deposit is due at the time of	512
sale, unless the purchaser is the plaintiff in the action or the	513
judgment creditor. In that case, the deposit shall be tendered to	514
the officer by the close of business the day of the sale. Failure	515
of the purchaser to timely make its deposit shall invalidate the	516
sale.	517

Sec. 2329.23.  All notices and advertisements for the sale of	518
lands and tenements located in a municipal corporation, made by	519
virtue of the proceedings in a court of record, in addition to a	520
description of the lands and tenements, shall contain the street	521
number of the buildings erected on the lands, or the street number	522
of the lots offered for sale. If no such number exists, then the	523
notice or advertisement shall contain the name of the street or	524
road upon which the lands and tenements are located together with	525
the names of the streets or roads immediately north and south or	526
east and west of the lands and tenements that cross or intersect	527
the street or road upon which they are located. The notice or	528
advertisement shall, if applicable, include the web site address	529
of the officer who makes the sale that allows a person to obtain a	530
complete legal description of the lands and tenements.	531

All notices and advertisements for the sale of residential	532
property located in a municipal corporation, made by virtue of the	533
proceeding in a court of record pursuant to a mortgage loan	534
foreclosure action, shall include the provisional date for a	535
second sale of the property, should the property not sell for the	536
minimum bid established pursuant to section 2329.20 of the Revised	537
Code.	538

Sec. 2329.26.  (A) Lands and tenements taken in execution	539
shall not be sold until all of the following occur:	540

(1)(a) Except as otherwise provided in division (A)(1)(b) of	541
this section, the judgment creditor who seeks the sale of the	542
lands and tenements or the judgment creditor's attorney does both	543
of the following:	544

(i) Causes a written notice of the date, time, and place of	545
the sale, and of the provisional second sale described in division	546
(B) of section 2329.52 of the Revised Code, if applicable, to be	547
served in accordance with divisions (A) and (B) of Civil Rule 5	548
upon the judgment debtor and upon each other party to the action	549
in which the judgment giving rise to the execution was rendered;	550

(ii) At least seven calendar days prior to the date of the	551
sale, files with the clerk of the court that rendered the judgment	552
giving rise to the execution a copy of the written notice	553
described in division (A)(1)(a)(i) of this section with proof of	554
service endorsed on the copy in the form described in division (D)	555
of Civil Rule 5.	556

(b) Service of the written notice described in division	557
(A)(1)(a)(i) of this section is not required to be made upon any	558
party who is in default for failure to appear in the action in	559
which the judgment giving rise to the execution was rendered.	560

(2) The officer taking the lands and tenements gives public	561
notice of the date, time, and place of the sale, and of the	562
provisional second sale described in division (B) of section	563
2329.52 of the Revised Code, if applicable, once a week for at	564
least three consecutive weeks before the day of sale by	565
advertisement in a newspaper of general circulation in the county.	566
The newspaper shall meet the requirements of section 7.12 of the	567
Revised Code. The court ordering the sale may designate in the	568
order of sale the newspaper in which this public notice shall be	569
published.	570

(3) The officer taking the lands and tenements shall collect	571
the purchaser's information required by section 2329.271 of the	572
Revised Code.	573

(B) A sale of lands and tenements taken in execution may be	574
set aside in accordance with division (A) or (B) of section	575
2329.27 of the Revised Code.	576

Sec. 2329.30.  The court from which an execution or order of	577
sale issues, upon notice and motion of the officer who makes the	578
sale or of an interested party, may punish any purchaser of lands	579
and tenements who fails to pay within thirty days of the	580
confirmation of the sale the balance due on the purchase price of	581
the lands and tenements by forfeiting the sale of the lands and	582
tenements and returning any deposit paid in connection with the	583
sale of the lands and tenements, by forfeiting any deposit paid in	584
connection with the sale of the lands and tenements, as for	585
contempt, or in any other manner the court considers appropriate.	586
Upon motion, the court shall order the return of any remaining	587
portion of the deposit of the purchaser, less the costs of a	588
subsequent sale and any other remedy the court considers	589
appropriate. The effect of an order for contempt for failure of	590
the purchaser to pay shall be considered an order to void the	591
confirmation of sale and transfer.	592

Sec. 2329.31. (A) Upon the return of any writ of execution	593
for the satisfaction of which lands and tenements have been sold,	594
on careful examination of the proceedings of the officer making	595
the sale, if the court of common pleas finds that the sale was	596
made, in all respects, in conformity with sections 2329.01 to	597
2329.61 of the Revised Code, it shall, within thirty days of the	598
return of the writ, direct the clerk of the court of common pleas	599
to make an entry on the journal that the court is satisfied of the	600
legality of such sale and that the attorney who filed the writ of	601
execution make to the purchaser a deed for the lands and	602
tenements. Nothing in this section prevents the court of common	603
pleas from staying the confirmation of the sale to permit a	604
property owner time to redeem the property or for any other reason	605
that it determines is appropriate. In those instances, the sale	606
shall be confirmed within thirty days after the termination of any	607
stay of confirmation.	608

(B) The officer making the sale shall require the purchaser,	609
including a lienholder, to pay within thirty days of the	610
confirmation of the sale the balance due on the purchase price of	611
the lands and tenements.	612

(C) The officer making the sale shall record the prepared	613
deed required by section 2329.36 of the Revised Code within	614
fourteen days after the confirmation of sale or payment of the	615
balance due, whichever is later. If the deed is not prepared or	616
recorded within the fourteen-day period, the recording of the	617
order of confirmation of sale by the purchaser shall serve to	618
transfer the title of the property to the purchaser as described	619
in division (D) of this section. The confirmation of sale shall	620
include a statement that it serves to transfer title if the deed	621
is not transferred within fourteen days after the confirmation of	622
sale or payment of the balance due.	623

(D) The order of confirmation shall, upon the expiration of	624
the fourteen-day period described in division (C) of this section	625
and unless stayed by the court pending timely appeal along with	626
the posting of an adequate supersedeas bond, serve to transfer the	627
title of the property to the purchaser. The plaintiff, or the	628
plaintiff's attorney, shall cause a certified copy of the order of	629
confirmation to be recorded in the office of the county recorder.	630
The clerk shall issue a copy of the order to the county auditor to	631
transfer record ownership of the property for the purpose of real	632
estate taxes. Real estate taxes coming due after the date of the	633
confirmation of sale shall not prohibit the auditor from	634
transferring ownership of the property on its records or cause the	635
recorder to deny recording. The real estate taxes shall become the	636
responsibility of the new title holder of the property. The	637
sheriff shall not require the confirmation of sale to be amended	638
for taxes not due and payable as of the date of the sale.	639

Sec. 2329.311.  In sales of residential properties taken in	640
execution or order of sale that are sold at an auction with no set	641
minimum bid pursuant to division (B) of section 2329.52 of the	642
Revised Code, the judgment creditor and the first lienholder each	643
have the right to redeem the property within fourteen days after	644
the sale by paying the purchase price. The redeeming party shall	645
pay the purchase price to the clerk of the court in which the	646
judgment was rendered or the order of sale was made. Upon timely	647
payment, the court shall proceed as described in section 2329.31	648
of the Revised Code, with the redeeming party considered the	649
successful purchaser at sale.	650

Sec. 2329.33. InExcept as provided in division (C) of	651
section 2308.03 or any other section of the Revised Code, in sales	652
of real estate on execution or order of sale, at any time before	653
the confirmation thereof, the debtor may redeem it from sale by	654
depositing in the hands of the clerk of the court of common pleas	655
to which such execution or order is returnable, the amount of the	656
judgment or decree upon which such lands were sold, with all	657
costs, including poundage, and interest at the rate of eight per	658
cent per annum on the purchase money from the day of sale to the	659
time of such deposit, except where the judgment creditor is the	660
purchaser, the interest at such rate on the excess above histhe	661
judgment creditor's claim. TheRedemption of the debtor is a	662
satisfaction of the judgment against the debtor only and shall not	663
serve to discharge the judgment debtor of the judgment creditor's	664
advancements for real estate taxes, insurance premium, and	665
property protection if such a requirement was included in the	666
judgment. Upon successful redemption, the judgment debtor may	667
petition the court to require the judgment creditor to provide an	668
itemization of those advances within a reasonable amount of time	669
for payment by the judgment debtor. Should the judgment debtor pay	670
all sums required by this section, the court of common pleas	671
thereupon shall make an order setting aside such sale, and apply	672
the deposit to the payment of such judgment or decree and costs,	673
and award such interest to the purchaser, who shall receive from	674
the officer making the sale the purchase money paid by himthe	675
purchaser, and the interest from the clerk. This section does not	676
take away the power of the court to set aside such sale for any	677
reason for which it might have been set aside prior to April 16,	678
1888.	679

Sec. 2329.52. When(A) Except as otherwise provided in	680
division (B) of this section, when premises are ordered to be	681
sold, if said premises, or a part thereof, remain unsold for want	682
of bidders after having been once appraised, advertised, and	683
offered for sale, the court from which the order of sale issued	684
may, on motion of the plaintiff or defendant and from time to time	685
until said premises are disposed of, order a new appraisement and	686
sale or direct the amount for which said premises, or a part	687
thereof, may be sold.	688

The court may order that the premises be sold as follows: One	689
third cash in hand, one third in nine months from the day of sale,	690
and the remaining one third in eighteen months from the day of	691
sale, the deferred payments to draw interest at six per cent and	692
be secured by a mortgage on the premises.	693

(B) When a residential property is ordered to be sold	694
pursuant to a residential mortgage loan foreclosure action, if the	695
property remains unsold after the first auction with a minimum bid	696
of two-thirds of the appraised value as established pursuant to	697
section 2329.17 of the Revised Code, a second auction shall be	698
held with no set minimum bid, and the residential property shall	699
be sold to the highest bidder. This second auction shall be held	700
not earlier than seven days and not later than thirty days after	701
the first auction. As a condition of the second auction, the	702
purchaser shall pay, in addition to the amount bid, a deposit to	703
the sheriff to be used to pay the costs and allowances of the	704
sale. This deposit shall be not less than five thousand dollars	705
and not more than ten thousand dollars, as determined by the	706
sheriff. The sheriff shall return the deposit, less the amount	707
used for costs and allowances, to the purchaser within fourteen	708
days after the transfer of sale. A residential property that	709
remains unsold after two auctions may be subsequently offered for	710
sale from time to time with no set minimum bid or disposed of in	711
any other manner pursuant to this chapter or any other provision	712
of the Revised Code.	713

Sec. 2909.07.  (A) No person shall:

714

(1) Without privilege to do so, knowingly move, deface,	715
damage, destroy, or otherwise improperly tamper with the property	716
of another or one's own property after a foreclosure complaint is	717
filed against that property;	718

(2) With purpose to interfere with the use or enjoyment of	719
property of another, employ a tear gas device, stink bomb, smoke	720
generator, or other device releasing a substance that is harmful	721
or offensive to persons exposed or that tends to cause public	722
alarm;	723

(3) Without privilege to do so, knowingly move, deface,	724
damage, destroy, or otherwise improperly tamper with a bench mark,	725
triangulation station, boundary marker, or other survey station,	726
monument, or marker;	727

(4) Without privilege to do so, knowingly move, deface,	728
damage, destroy, or otherwise improperly tamper with any safety	729
device, the property of another, or the property of the offender	730
when required or placed for the safety of others, so as to destroy	731
or diminish its effectiveness or availability for its intended	732
purpose;	733

(5) With purpose to interfere with the use or enjoyment of	734
the property of another, set a fire on the land of another or	735
place personal property that has been set on fire on the land of	736
another, which fire or personal property is outside and apart from	737
any building, other structure, or personal property that is on	738
that land;	739

(6) Without privilege to do so, and with intent to impair the	740
functioning of any computer, computer system, computer network,	741
computer software, or computer program, knowingly do any of the	742
following:	743

(a) In any manner or by any means, including, but not limited	744
to, computer hacking, alter, damage, destroy, or modify a	745
computer, computer system, computer network, computer software, or	746
computer program or data contained in a computer, computer system,	747
computer network, computer software, or computer program;	748

(b) Introduce a computer contaminant into a computer,	749
computer system, computer network, computer software, or computer	750
program.	751

(B) As used in this section, "safety device" means any fire	752
extinguisher, fire hose, or fire axe, or any fire escape,	753
emergency exit, or emergency escape equipment, or any life line,	754
life-saving ring, life preserver, or life boat or raft, or any	755
alarm, light, flare, signal, sign, or notice intended to warn of	756
danger or emergency, or intended for other safety purposes, or any	757
guard railing or safety barricade, or any traffic sign or signal,	758
or any railroad grade crossing sign, signal, or gate, or any first	759
aid or survival equipment, or any other device, apparatus, or	760
equipment intended for protecting or preserving the safety of	761
persons or property.	762

(C)(1) Whoever violates this section is guilty of criminal	763
mischief, and shall be punished as provided in division (C)(2) or	764
(3) of this section.	765

(2) Except as otherwise provided in this division, criminal	766
mischief committed in violation of division (A)(1), (2), (3), (4),	767
or (5) of this section is a misdemeanor of the third degree.	768
Except as otherwise provided in this division, if the violation of	769
division (A)(1), (2), (3), (4), or (5) of this section creates a	770
risk of physical harm to any person, criminal mischief committed	771
in violation of division (A)(1), (2), (3), (4), or (5) of this	772
section is a misdemeanor of the first degree. If the property	773
involved in the violation of division (A)(1), (2), (3), (4), or	774
(5) of this section is an aircraft, an aircraft engine, propeller,	775
appliance, spare part, fuel, lubricant, hydraulic fluid, any other	776
equipment, implement, or material used or intended to be used in	777
the operation of an aircraft, or any cargo carried or intended to	778
be carried in an aircraft, criminal mischief committed in	779
violation of division (A)(1), (2), (3), (4), or (5) of this	780
section is one of the following:	781

(a) If the violation creates a risk of physical harm to any	782
person, except as otherwise provided in division (C)(2)(b) of this	783
section, criminal mischief committed in violation of division	784
(A)(1), (2), (3), (4), or (5) of this section is a felony of the	785
fifth degree.	786

(b) If the violation creates a substantial risk of physical	787
harm to any person or if the property involved in a violation of	788
this section is an occupied aircraft, criminal mischief committed	789
in violation of division (A)(1), (2), (3), (4), or (5) of this	790
section is a felony of the fourth degree.	791

(3) Except as otherwise provided in this division, criminal	792
mischief committed in violation of division (A)(6) of this section	793
is a misdemeanor of the first degree. Except as otherwise provided	794
in this division, if the value of the computer, computer system,	795
computer network, computer software, computer program, or data	796
involved in the violation of division (A)(6) of this section or	797
the loss to the victim resulting from the violation is one	798
thousand dollars or more and less than ten thousand dollars, or if	799
the computer, computer system, computer network, computer	800
software, computer program, or data involved in the violation of	801
division (A)(6) of this section is used or intended to be used in	802
the operation of an aircraft and the violation creates a risk of	803
physical harm to any person, criminal mischief committed in	804
violation of division (A)(6) of this section is a felony of the	805
fifth degree. If the value of the computer, computer system,	806
computer network, computer software, computer program, or data	807
involved in the violation of division (A)(6) of this section or	808
the loss to the victim resulting from the violation is ten	809
thousand dollars or more, or if the computer, computer system,	810
computer network, computer software, computer program, or data	811
involved in the violation of division (A)(6) of this section is	812
used or intended to be used in the operation of an aircraft and	813
the violation creates a substantial risk of physical harm to any	814
person or the aircraft in question is an occupied aircraft,	815
criminal mischief committed in violation of division (A)(6) of	816
this section is a felony of the fourth degree.	817

Sec. 3767.51.  As used in sections 3767.52 to 3767.56 of the	818
Revised Code:	819

(A) "Blighted parcel" has the same meaning as in section 1.08	820
of the Revised Code, except it does not include a manufactured or	821
mobile home that is subject to real property taxes under section	822
4503.06 of the Revised Code.	823

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

824

(1) Property that is not physically inhabited or used as a	825
dwelling;	826

(2) Property on which no trade or business is actively being	827
conducted by the owner or another party occupying the parcel	828
pursuant to a lease or other legal authority;	829

(3) Property that is uninhabited with no signs or active	830
indications that it is undergoing improvements.	831

Sec. 3767.52.  (A) A municipal corporation may commence a	832
cause of action by filing a complaint in the housing or	833
environmental division of a municipal court against the owner of	834
property that is an unoccupied, blighted parcel located in that	835
municipal corporation. The complaint shall seek an order that the	836
owner remediate the conditions of the property constituting	837
blight.	838

(B) Upon commencing an action pursuant to division (A) of	839
this section, a municipal corporation shall do both of the	840
following:	841

(1) In addition to service required under the Rules of Civil	842
Procedure, cause service of the complaint to all entities that	843
hold a lien or other interest in the property, as indicated in the	844
public record;	845

(2) Cause service of a notice to all entities that hold a	846
lien or other interest in the property, as indicated in the public	847
record, which states both of the following:	848

(a) The lienholder or interested person may remediate the	849
conditions of the property constituting blight within a period of	850
time determined by the municipal corporation.	851

(b) If the blight is not remediated, the housing or	852
environmental division of the municipal court in which the	853
complaint was filed shall order the blighted parcel to be sold	854
free and clear of all liens and interests in the property other	855
than federal tax liens.	856

(C)(1) A person who receives the complaint and notice	857
described in division (B) of this section shall have sixty days	858
after the service to certify to the court that the person will	859
remediate the conditions of the property constituting blight. A	860
person wishing to certify remediation shall propose to the court a	861
period of time within which the person will remediate the	862
conditions constituting blight. The court may approve or	863
disapprove a certification of remediation. If the court approves	864
the certification, the court shall stay the action until the	865
period of time for remediation has elapsed. If the court	866
disapproves the certification due to a proposal of an unreasonable	867
period of time for remediation, the court shall establish a	868
reasonable period of time within which the person shall remediate	869
the conditions constituting blight. The person shall accept or	870
reject the court's proposed period of time for remediation. If the	871
person accepts the court's proposed period of time for	872
remediation, the person shall certify that it will remediate the	873
conditions constituting blight, and the court shall approve the	874
certification. If the person rejects the court's proposed period	875
of time for remediation, the court shall proceed as if no	876
certification was made.	877

More than one lienholder or interested person may make a	878
certification for remediation. If more than one person makes a	879
certification, the court shall approve the certification of the	880
lienholder or person who proposes to remediate the conditions	881
constituting blight within the shortest period of time.	882

(2) If a lienholder or interested person certifies that it	883
will remediate the conditions constituting blight but does not do	884
so within the accepted period of time established pursuant to	885
division (C)(1) of this section, or if no person makes a	886
certification within the period of time stated in the notice	887
described in division (B)(2) of this section, the lien or other	888
interest of the persons in the property shall be extinguished but	889
may be paid pursuant to division (D) of section 3767.54 of the	890
Revised Code. The lienholder may still pursue payment of the debt	891
represented by the lien, and a person may still seek recourse for	892
the loss of other interest against the owner of the property if	893
otherwise permitted by law.	894

(3) If the lienholder or other interested person remediates	895
the blight, the court shall grant the lienholder or other	896
interested person a lien in the amount expended to remediate the	897
conditions constituting blight.	898

(D) If the court finds that the property was unoccupied at	899
the time the complaint was filed and is a blighted parcel, and if	900
no lienholder or other interested person has certified in	901
accordance with division (C)(1) of this section that it will	902
remediate the conditions constituting blight or if such a person	903
certifies that it will remediate the blight but fails to timely do	904
so, the court shall order the owner to remediate the conditions	905
constituting blight within a specified period of time. If the	906
blight is not remediated within this period of time, the court	907
shall order the property sold pursuant to sections 3767.53 and	908
3767.54 of the Revised Code. If the blight is remediated, the	909
court shall dismiss the action.	910

Sec. 3767.53.  (A) A housing or environmental division of a	911
municipal court shall order the sale of an unoccupied, blighted	912
parcel pursuant to section 3767.54 of the Revised Code by the	913
sheriff of the county where the property is located, if all of the	914
following apply:	915

(1) The municipal corporation commenced a cause of action by	916
filing a complaint for the owner of the blighted parcel to	917
remediate the conditions of the property constituting blight in	918
accordance with division (A) of section 3767.52 of the Revised	919
Code.	920

(2) The municipal corporation caused service of the complaint	921
and notice in accordance with division (B) of section 3767.52 of	922
the Revised Code.	923

(3) One of the following applies:

924

(a) No lienholder or other interested person certified that	925
it would remediate the conditions constituting blight pursuant to	926
division (C) of section 3767.52 of the Revised Code.	927

(b) A lienholder or other interested person certified that it	928
would remediate the conditions constituting blight, but does not	929
do so within the accepted period of time established pursuant to	930
division (C) of section 3767.52 of the Revised Code.	931

(4) The court has entered a finding that the property was	932
unoccupied at the time the complaint described in division (A)(1)	933
of this section was filed and is a blighted parcel pursuant to	934
division (D) of section 3767.52 of the Revised Code.	935

(5) The court ordered the owner of the property to remediate	936
the conditions constituting blight pursuant to division (D) of	937
section 3767.52 of the Revised Code and the owner failed to do so.	938

(B) If a property that a housing or environmental division of	939
a municipal court orders sold under this section remains unsold	940
for want of qualified bidders, as defined in section 3767.54 of	941
the Revised Code, after having been advertised and offered for	942
sale in accordance with that section, the court may, on motion of	943
the municipal corporation and from time to time until the property	944
is sold, order a new sale.	945

(C) The housing or environmental division of a municipal	946
court has exclusive original jurisdiction of an action under	947
sections 3767.52 to 3767.54 of the Revised Code.	948

Sec. 3767.54.  (A) If the housing or environmental division	949
of a municipal court orders an unoccupied, blighted parcel to be	950
sold pursuant to section 3767.53 of the Revised Code, the sheriff	951
of the county where the property is located shall do all of the	952
following:	953

(1) Cause notice of the sale and notice that only qualified	954
bidders are eligible to purchase the unoccupied, blighted parcel	955
to be sent to both of the following:	956

(a) The owner of the property in the same manner as provided	957
in section 2329.091 of the Revised Code;	958

(b) The public in the same manner as provided in division	959
(A)(2) of section 2329.26 of the Revised Code, except the date,	960
time, and place of the sale need only be published once at least	961
one week before the day of sale by advertisement in a newspaper of	962
general circulation in the county.	963

(2) Verify that each bidder who intends to bid at the sale is	964
included in the list of qualified bidders provided to the sheriff	965
in accordance with section 3767.55 of the Revised Code and is in	966
possession of proof that the bidder is a qualified bidder;	967

(3) Conduct the sale of the property;

968

(4) Provide a deed to the purchaser;

969

(5) Distribute the proceeds of the sale in accordance with	970
division (D) of this section;	971

(6) Collect fees pursuant to section 311.17 of the Revised	972
Code.	973

(B) A property sold pursuant to this section shall be sold	974
free and clear of all liens, including all taxes and assessments	975
other than federal taxes, to the highest qualified bidder.	976

(C) No appraisal of or minimum bid for the property shall be	977
required as a condition of a sale conducted pursuant to this	978
section.	979

(D) The proceeds of the sale conducted pursuant to this	980
section shall first be paid to satisfy the costs of the municipal	981
corporation for bringing the action under section 3767.52 of the	982
Revised Code and then shall be distributed according to the	983
priorities otherwise established by law, including to lienholders	984
whose liens are extinguished by the sale.	985

(E)(1) After a sale conducted pursuant to this section, the	986
housing or environmental division of the municipal court shall	987
make an entry on the journal that the court is satisfied of the	988
legality of the sale.	989

(2) Notwithstanding section 2329.36 of the Revised Code, the	990
municipal corporation who filed the complaint pursuant to division	991
(A) of section 3767.52 of the Revised Code shall file and record	992
the deed of the property in accordance with that section.	993

(F) As used in sections 3767.53 to 3767.56 of the Revised	994
Code, "qualified bidder" means one of the following:	995

(1) A lienholder of the property;

996

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

997

(a) Has been prequalified, in accordance with section 3767.55	998
of the Revised Code;	999

(b) Has the capacity to remediate the conditions that	1000
constitute blight of the blighted parcel;	1001

(c) Has agreed, as a condition of the sale, to remediate the	1002
conditions constituting blight within the time period the bidder	1003
owns the property or within twelve months after the date of the	1004
sale, whichever period of time is less, to the satisfaction of the	1005
municipal corporation that commenced the action under section	1006
3767.52 of the Revised Code in relation to the property.	1007

Sec. 3767.55. A municipal corporation that commences a cause	1008
of action under section 3767.52 of the Revised Code shall do the	1009
following:	1010

(A) Establish qualifications to allow a person to bid at a	1011
sheriff's sale conducted pursuant to section 3767.54 of the	1012
Revised Code, which shall include a requirement that the person be	1013
a lienholder or be able and willing to remediate the conditions	1014
that constitute blight of the unoccupied, blighted parcel and	1015
agree to remediate the conditions within twelve months after the	1016
date of the sale;	1017

(B) Issue proof of qualification to a qualified bidder in a	1018
form determined by the municipal corporation;	1019

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

1020

(D) Provide the list of qualified bidders to the sheriff	1021
conducting the sale at least one day prior to the sale.	1022

Sec. 3767.56.  If the successful qualified bidder of a	1023
property sold under section 3767.54 of the Revised Code fails to	1024
remediate the conditions constituting blight of the property	1025
within the time period specified in that section, the municipal	1026
corporation that commenced the cause of action under section	1027
3767.52 of the Revised Code in relation to that property may	1028
remediate the conditions constituting blight of the property, and	1029
may take a judgment against the successful qualified bidder for	1030
the costs of the remediation.	1031

Section 2.  That existing sections 323.47, 1901.18, 1901.185,	1032
2303.26, 2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26,	1033
2329.30, 2329.31, 2329.33, 2329.52, and 2909.07 of the Revised	1034
Code are hereby repealed.	1035

Section 3.  Sections 3767.51, 3767.52, 3767.53, 3767.54,	1036
3767.55, and 3767.56 of the Revised Code are hereby repealed,	1037
effective December 31, 2019.	1038