Bill Text: OH HB269 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To authorize county sheriffs to advertise foreclosure sales via a web site.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2009-08-18 - To Civil & Commercial Law [HB269 Detail]

Download: Ohio-2009-HB269-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 269

Representative Coley 

Cosponsors: Representatives Huffman, Grossman, Uecker, Blair, Bubp, Harwood, Zehringer 

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A BILL

To amend section 2329.26 of the Revised Code to

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authorize county sheriffs to advertise foreclosure

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sales via a web site.

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

Section 1. That section 2329.26 of the Revised Code be	4
amended to read as follows:	5

Sec. 2329.26.  (A) Lands and tenements taken in execution	6
shall not be sold until all of the following occur:	7

(1)(a) Except as otherwise provided in division (A)(1)(b) of	8
this section, the judgment creditor who seeks the sale of the	9
lands and tenements or the judgment creditor's attorney does both	10
of the following:	11

(i) Causes a written notice of the date, time, and place of	12
the sale to be served in accordance with divisions (A) and (B) of	13
Civil Rule 5 upon the judgment debtor and upon each other party to	14
the action in which the judgment giving rise to the execution was	15
rendered;	16

(ii) At least seven calendar days prior to the date of the	17
sale, files with the clerk of the court that rendered the judgment	18
giving rise to the execution a copy of the written notice	19
described in division (A)(1)(a)(i) of this section with proof of	20
service endorsed on the copy in the form described in division (D)	21
of Civil Rule 5.	22

(b) Service of the written notice described in division	23
(A)(1)(a)(i) of this section is not required to be made upon any	24
party who is in default for failure to appear in the action in	25
which the judgment giving rise to the execution was rendered.	26

(2) The officer taking the lands and tenements gives public	27
notice of the date, time, and place of the sale for at least	28
three weeks before the day of sale by advertisementeither of the	29
following methods:	30

(a) Advertisement on a web site maintained or made available	31
by the county;	32

(b) Advertisement in a newspaper published in and of general	33
circulation in the county. The court ordering the sale may	34
designate in the order of sale the newspaper in which this	35
public notice shall be published, and this	36

The public notice is subject to division (A) of section	37
2329.27 of the Revised Code if the officer conducting the sale	38
chooses to publish the notice in a newspaper, or if the court	39
ordering the sale requires the officer to publish the notice in a	40
newspaper. If the court ordering the sale requires the officer to	41
publish the notice in a newspaper, the court may designate in the	42
order of sale the newspaper in which this public notice shall be	43
published.	44

(3) The officer taking the lands and tenements shall collect	45
the purchaser's information required by section 2329.271 of the	46
Revised Code.	47

(B) A sale of lands and tenements taken in execution may be	48
set aside in accordance with division (B) of section 2329.27 of	49
the Revised Code.	50

Section 2.  That existing section 2329.26 of the Revised Code	51
is hereby repealed.	52