Bill Text: OH HB323 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To permit the trial of a corporation in absentia in a criminal proceeding initiated by complaint and relative to residential foreclosure actions.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Engrossed - Dead) 2010-06-08 - To Judiciary Civil Justice [HB323 Detail]

Download: Ohio-2009-HB323-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. Sub. H. B. No. 323

Representative Murray 

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

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A BILL

To amend sections 323.47, 2303.20, 2323.07, 2329.01,

1

2329.02, 2329.09, 2329.191, 2329.20, 2329.26,

2

2329.31, 2329.33, 2329.36, 2329.52, 2909.05,

3

2941.47, and 5723.01 and to enact sections 2308.01

4

to 2308.09 of the Revised Code to permit the trial

5

of a corporation in absentia in a criminal

6

proceeding initiated by complaint and relative to

7

residential foreclosure actions.

8

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

Section 1. That sections 323.47, 2303.20, 2323.07, 2329.01,	9
2329.02, 2329.09, 2329.191, 2329.20, 2329.26, 2329.31, 2329.33,	10
2329.36, 2329.52, 2909.05, 2941.47, 2941.47, and 5723.01 be	11
amended and sections 2308.01, 2308.02, 2308.03, 2308.04, 2308.05,	12
2308.06, 2308.07, 2308.08, and 2308.09 of the Revised Code be	13
enacted to read as follows:	14

Sec. 323.47. (A) If land held by tenants in common is sold	15
upon proceedings in partition, or taken by the election of any of	16
the parties to such proceedings, or real estate is sold by	17
administrators, executors, guardians, or trustees, the court shall	18
order that the taxes, penalties, and assessments then due and	19
payable, and interest on those taxes, penalties, and assessments,	20
that are or will be a lien on such land or real estate at the time	21
the deed is transferred following the sale, be discharged out of	22
the proceeds of such sale or election. For purposes of determining	23
such amount, the county treasurer shall estimate the amount of	24
taxes, assessments, interest, and penalties that will be payable	25
at the time the deed of the property is transferred to the	26
purchaser. If the county treasurer's estimate exceeds the amount	27
of taxes, assessments, interest, and penalties actually payable	28
when the deed is transferred to the purchaser, the officer who	29
conducted the sale shall refund to the purchaser the difference	30
between the estimate and the amount actually payable. If the	31
amount of taxes, assessments, interest, and penalties actually	32
payable when the deed is transferred to the purchaser exceeds the	33
county treasurer's estimate, the officer shall certify the amount	34
of the excess to the treasurer, who shall enter that amount on the	35
real and public utility property tax duplicate opposite the	36
property; the amount of the excess shall be payable at the next	37
succeeding date prescribed for payment of taxes in section 323.12	38
of the Revised Code.	39

(B)(1) If real estate is sold at judicial sale, the court	40
shall order that the total of the following amounts shall be	41
discharged out of the proceeds of the sale but only to the extent	42
of such proceeds:	43

(a)(1) Taxes and assessments the lien for which attaches	44
before the confirmation of sale but that are not yet determined,	45
assessed, and levied for the year in which confirmation occurs,	46
apportioned pro rata to the part of that year that precedes	47
confirmation, and any penalties and interest on those taxes and	48
assessments, the amount of which shall be based on the date of the	49
sale;	50

(b)(2) All other taxes, assessments, penalties, and interest	51
the lien for which attached for a prior tax year but that have not	52
been paid on or before the date of confirmation.	53

(2) Upon the request of the officer who conducted the sale,	54
the county treasurer shall estimate the amount in division	55
(B)(1)(a) of this section. If the county treasurer's estimate	56
exceeds that amount, the officer who conducted the sale shall	57
refund to the purchaser the difference between the estimate and	58
the actual amount. If the actual amount exceeds the county	59
treasurer's estimate, the officer shall certify the amount of the	60
excess to the treasurer, who shall enter that amount on the real	61
and public utility property tax duplicate opposite the property;	62
the amount of the excess shall be payable at the next succeeding	63
date prescribed for payment of taxes in section 323.12 of the	64
Revised Code.	65

Sec. 2303.20.  Under the circumstances described in sections	66
2969.21 to 2969.27 of the Revised Code, the clerk of the court of	67
common pleas shall charge the fees and perform the other duties	68
specified in those sections. In all other cases, the clerk shall	69
charge the following fees and no more:	70

(A) Twenty-five dollars for each cause of action which shall	71
include the following:	72

(1) Docketing in all dockets;

73

(2) Filing necessary documents, noting the filing of the	74
documents, except subpoena, on the dockets;	75

(3) Issuing certificate of deposit in foreign writs;

76

(4) Indexing pending suits and living judgments;

77

(5) Noting on appearance docket all papers mailed;

78

(6) Certificate for attorney's fee;

79

(7) Certificate for stenographer's fee;

80

(8) Preparing cost bill;

81

(9) Entering on indictment any plea;

82

(10) Entering costs on docket and cash book.

83

(B) Two dollars for taking each undertaking, bond, or	84
recognizance;	85

(C) Two dollars for issuing each writ, order, or notice,	86
except subpoena;	87

(D) Two dollars for each name for issuing subpoena, swearing	88
witness, entering attendance, and certifying fees;	89

(E) Twenty-five dollars for calling a jury in each cause;

90

(F) Two dollars for each page, for entering on journal,	91
indexing, and posting on any docket;	92

(G) Three dollars for each execution or transcript of	93
judgment, including indexing;	94

(H) One dollar for each page, for making complete record,	95
including indexing;	96

(I) Five dollars for certifying a plat recorded in the county	97
recorder's office;	98

(J) Five dollars for issuing certificate to receiver or order	99
of reference with oath;	100

(K) Five dollars for entering satisfaction or partial	101
satisfaction of each lien on record in the county recorder's	102
office, and the clerk of courts' office;	103

(L) One dollar for each certificate of fact under seal of the	104
court, to be paid by the party demanding it;	105

(M) One dollar for taking each affidavit, including	106
certificate and seal;	107

(N) Two dollars for acknowledging all instruments in writing;

108

(O) Five dollars for making certificate of judgment;

109

(P) Ten dollars for filing, docketing, and endorsing a	110
certificate of judgment, including the indexing and noting the	111
return of the certificate;	112

(Q) Twenty-five dollars for each cause of action for each	113
judgment by confession, including all docketing, indexing, and	114
entries on the journal;	115

(R) Five dollars for recording commission of mayor or notary	116
public;	117

(S) One dollar for issuing any license except the licenses	118
issued pursuant to sections 1533.101, 1533.11, 1533.13, and	119
1533.32 of the Revised Code;	120

(T) Fifteen dollars for docketing and indexing each aid in	121
execution or petition to vacate, revive, or modify judgment,	122
including the filing and noting of all necessary documents;	123

(U) Twenty-five dollars for docketing and indexing each	124
appeal, including the filing and noting of all necessary	125
documents;	126

(V) A commission of two per cent on the first ten thousand	127
dollars and one per cent on all exceeding ten thousand dollars for	128
receiving and disbursing money, other than costs and fees, paid to	129
or deposited with the clerk of courts in pursuance of an order of	130
court or on judgments, including moneys invested by order of the	131
court and interest earned on them;	132

(W) Five dollars for numbering, docketing, indexing, and	133
filing each authenticated or certified copy of the record, or any	134
portion of an authenticated or certified copy of the record, of an	135
extra county action or proceeding;	136

(X) Two dollars for each certificate of divorce, annulment,	137
or dissolution of marriage to the bureau of vital statistics;	138

(Y) Two dollars for each electronic transmission of a	139
document, plus one dollar for each page of that document. These	140
fees are to be paid by the party requesting the electronic	141
transmission.	142

(Z) One dollar for each page, for copies of pleadings,	143
process, record, or files, including certificate and seal;	144

(AA) An additional fee of twenty dollars for each filing for	145
a residential mortgage foreclosure action.	146

Sec. 2308.01. As used in this chapter:

147

(A) "Residential mortgage" means an obligation to pay a sum	148
of money evidenced by a note and secured by a lien upon a	149
residential property.	150

(B) "Residential property" means real property located within	151
this state consisting of land and a structure on that land	152
containing four or fewer dwelling units, each of which is intended	153
for occupancy by a separate household. "Residential property"	154
includes a residential condominium unit owned by an individual,	155
notwithstanding the number of units in the structure, and a	156
manufactured or mobile home that is subject to real property taxes	157
under section 4503.06 of the Revised Code.	158

Sec. 2308.02. No person shall file a complaint to initiate a	159
residential mortgage foreclosure action unless that complaint is	160
accompanied by the preliminary judicial report that section	161
2329.191 of the Revised Code requires.	162

Sec. 2308.03. (A) If the owner in a residential mortgage	163
foreclosure action does not answer or otherwise respond to the	164
clerk's summons and complaint in accordance with the Rules of	165
Civil Procedure, within ten days after the last due date for any	166
defendant who was served with a summons and complaint, the clerk	167
shall notify the plaintiff of that failure to respond and inform	168
the plaintiff that if the property is not occupied, the plaintiff	169
shall either file a motion for default judgment with the court or	170
submit a statement showing cause sufficient to the court why the	171
plaintiff is not filing such a motion. The plaintiff shall file	172
such a motion or statement within sixty days after the date of the	173
clerk's notice.	174

(B) If a plaintiff fails to comply with division (A) of this	175
section, the court shall dismiss the residential mortgage	176
foreclosure action without prejudice.	177

(C) Nothing in this section shall be construed to affect any	178
right of the plaintiff to file a motion for a default judgment on	179
an occupied property.	180

Sec. 2308.04.  (A) Notwithstanding any other provision of the	181
Revised Code, a plaintiff may request, at the time the plaintiff	182
files a motion for a default judgment pursuant to section 2308.03	183
of the Revised Code, the court deem that the title of the property	184
transferred directly and immediately to the plaintiff in lieu of	185
sale and in lieu of a right to a deficiency judgment. A plaintiff	186
may make such a request, and a court may grant such a request,	187
only if all of the following apply:	188

(1) In the plaintiff's prayer and complaint to initiate the	189
residential mortgage foreclosure action, the plaintiff	190
specifically reserved the right to request the additional relief	191
of a transfer in lieu of sale and in lieu of a right to a	192
deficiency judgment in the event that the plaintiff filed a motion	193
for a default judgment in the course of the foreclosure action.	194

(2) All liens attached to the property, other than liens for	195
real property taxes, are those of the plaintiff.	196

(3) The owner did not answer or otherwise respond to the	197
clerk's summons and complaint in accordance with the Rules of	198
Civil Procedure.	199

(B)(1) Upon receiving a motion for a default judgment	200
accompanied by a request for the additional relief of a transfer	201
in lieu of sale and in lieu of a right to a deficiency judgment	202
that meets the requirements of division (A) of this section, a	203
court immediately shall provide written notice to the owner of	204
that motion and request for additional relief. In that notice, the	205
court shall order the owner to show cause why the court should not	206
enter a default judgment and transfer the property directly and	207
immediately to the plaintiff in lieu of sale and in lieu of a	208
right to a deficiency judgment. An owner shall show cause within	209
thirty days of the court's order or shall be deemed to not oppose	210
the default judgment and transfer of the property to the	211
plaintiff.	212

(2) When a court grants a request for a transfer in lieu of	213
sale and in lieu of a right to a deficiency judgment pursuant to	214
this section, the plaintiff shall provide the information section	215
2329.271 of the Revised Code requires as if the plaintiff were the	216
successful purchaser at sale, and the officer who would have made	217
the sale shall prepare the deed as section 2329.31 of the Revised	218
Code requires. The court shall confirm the transfer in lieu of	219
sale and in lieu of a right to a deficiency judgment in the same	220
manner as the court confirms sales under section 2329.31 of the	221
Revised Code. Such transfer shall be deemed a release of the	222
owner's liability on the underlying debt to the plaintiff, and the	223
value of the property shall be deemed to equal the amount of the	224
underlying debt.	225

Sec. 2308.05. (A)(1) The plaintiff and any other lienholder,	226
within sixty days after receiving the clerk's notice of the filing	227
of the judgment of foreclosure under division (G) of section	228
2329.02 of the Revised Code, shall file for a writ of execution of	229
a judgment in a residential mortgage foreclosure action or show	230
cause for not filing. A lienholder other than the primary	231
lienholder shall file for a contingent writ of execution or show	232
cause why a contingent writ is not being sought within that same	233
sixty-day period. The court shall issue an order accordingly to	234
the owner, the plaintiff, and any other lienholder who appeared in	235
the action stating that, during that same sixty-day period, the	236
owner, the plaintiff, and any other lienholder may show cause why	237
that property should not be deemed abandoned and transferred	238
pursuant to section 2308.06 of the Revised Code. A party may	239
assert any reason that the property should not be deemed	240
abandoned, including those listed under Rule 60 of the Rules of	241
Civil Procedure.	242

(2) A plaintiff or other lienholder who fails to file for a	243
writ of execution as this section requires and who does not show	244
cause for that failure or why the property should not be deemed	245
abandoned and transferred, and an owner who fails to show cause	246
for why that property should not be deemed abandoned and	247
transferred, shall be deemed to have abandoned all interest in the	248
property and to any right of redemption. Any party who is deemed	249
to have abandoned the property is barred from seeking another	250
judgment on that property or making any claim against the	251
property, and shall not receive any proceeds from a sale of the	252
property.	253

(3) The court shall vacate any order of abandonment if the	254
plaintiff or other lienholder files a motion under Rule 60 of the	255
Rules of Civil Procedure, establishing that its failure was due to	256
mistake or inadvertence, or other good cause shown.	257

(4) If the plaintiff, all other lienholders, and the owner	258
are deemed to have abandoned the property, the property shall be	259
transferred pursuant to section 2308.06 of the Revised Code sixty	260
days after the court enters the order of abandonment, unless a	261
motion to vacate the order has been filed prior to that date. If	262
the motion is denied, the property shall be transferred in	263
accordance with this division.	264

(5) When a property is deemed abandoned pursuant to this	265
section, the rights of the plaintiff and other lienholders to seek	266
to collect the debts through other means or against assets other	267
than the real property which is the subject of the foreclosure	268
action remain unaffected. Any right to collect any such debt or	269
deficiency thereon remains unenforceable after the expiration of	270
two years after the date of transfer of the property.	271

(B) Upon receiving a filing for a writ of execution from the	272
plaintiff, the clerk shall issue the writ of execution pursuant to	273
section 2329.091 of the Revised Code.	274

(C) At its discretion, the court may extend the time period	275
this section establishes for filing for a writ of execution or	276
issuing that writ if the plaintiff and the owner in the action so	277
request, for any reason that the court considers appropriate.	278

(D) Notwithstanding sections 2329.09 and 2329.091 of the	279
Revised Code, a court may for good cause stay the issuance or	280
enforcement of a writ of execution if the owner and the plaintiff,	281
along with all other lienholders, enter into a forbearance or loan	282
modification agreement that allows the owner to make payments over	283
a specified period of time and that agreement is filed with the	284
court. The stay shall be effective so long as all of the parties	285
to the agreement comply with the terms of the agreement.	286

(E) No plaintiff or other lienholder may withdraw or dismiss	287
a petition for a writ of execution or an order of sale unless the	288
plaintiff or the owner requests such a dismissal and shows good	289
cause for that dismissal.	290

Sec. 2308.06. (A) Notwithstanding any other provision of the	291
Revised Code, a property upon which a residential mortgage	292
foreclosure action has been filed shall be deemed abandoned and is	293
subject to transfer under this section if either of the following	294
occur:	295

(1) The plaintiff, all other lienholders, and the owner are	296
deemed to have abandoned rights to the property under section	297
2308.05 of the Revised Code and no party showed cause sufficient	298
to the court as to why the property should not be deemed	299
abandoned.	300

(2) The officer making the sale has advertised the sale three	301
times and held three auctions on the property as described in	302
division (B) of section 2329.52 of the Revised Code, and at those	303
auctions no person placed a bid.	304

(B) The title of a property deemed abandoned pursuant to this	305
section vests without further action in the board of county	306
commissioners in the county where the property is located. The	307
clerk shall issue a notice of that vesting to the board of county	308
commissioners. The county prosecuting attorney shall prepare a	309
deed that contains the names of the parties to the judgment and	310
the owners of the foreclosed property, a reference to the volume	311
and page of the recording of the recorded instrument by or through	312
which the board of county commissioners claims title, the date and	313
the amount of the judgment, and the date on which the owner and	314
each lienholder is deemed to have abandoned the property. The	315
board of county commissioners shall record the deed within	316
fourteen business days after the latest date on which an owner and	317
any lienholder is deemed to have abandoned the property.	318

(C) The board of county commissioners may dispose of property	319
acquired under this section pursuant to rules it adopts. The rules	320
shall specify that the board shall place the property in the	321
county's land bank if the county has a land bank. If the county	322
does not have a land bank, the board shall dispose of the property	323
at its discretion.	324

(D) No board of county commissioners shall be liable for	325
damages arising from a breach, or subject to equitable remedies	326
for a breach of common law duty, or for violation of sections	327
3737.87 to 3737.891 of the Revised Code or Chapter 3704., 3734.,	328
3745., 3746., 3750., 3751., 3752., 6101., or 6111. of the Revised	329
Code or any rule adopted or order, permit, license, variance, or	330
plan approval issued under any of those chapters that is or was	331
committed by another person in connection with a property the	332
board of county commissioners acquires pursuant to this section.	333

Sec. 2308.07.  (A) No plaintiff or other lienholder in a	334
residential mortgage foreclosure action may file a motion to	335
dismiss or vacate the judgment, the writ of execution, the order	336
of sale, the sale, or the confirmation of the sale, and no court	337
shall accept such a motion unless for good cause shown.	338

(B) In any residential mortgage foreclosure action in which a	339
plaintiff and an owner enter into a workout agreement or loan	340
modification, the court shall stay the foreclosure action at any	341
time prior to the sale upon the filing of a motion and affidavit	342
indicating that the plaintiff and owner have entered into a	343
workout agreement or loan modification. If at any time the	344
plaintiff notifies the court that the owner did not make payments	345
as agreed, the court shall notify the owner that it will resume	346
the foreclosure action.	347

Sec. 2308.08.  (A) A lender who holds a mortgage on a	348
residential property may document a good faith belief that the	349
owner has abandoned the property. Documentation may include, but	350
is not limited to, a record of any of the following:	351

(1) Contacting or attempting to contact the owner by	352
telephone at any number available to the lender, including	353
landline and any means of wireless communication, to determine	354
whether the owner has abandoned the property;	355

(2) Contacting or attempting to contact the owner by regular	356
or electronic mail to determine whether the owner has abandoned	357
the property;	358

(3) Photographing the property from its exterior to	359
demonstrate signs of neglect or abandonment.	360

(B) Unless otherwise prohibited by the mortgage contract or a	361
specific provision of law, a lender who has documented a good	362
faith belief that a property on which the lender holds a mortgage	363
is abandoned may enter that property to secure and protect it from	364
damage any time after the lender has filed a residential mortgage	365
foreclosure action on that property.	366

(C) A lender who has not filed a residential mortgage	367
foreclosure action on a property for which the lender holds a	368
mortgage may enter and secure that property only if the mortgage	369
contract or other documents provide for such an entry.	370

(D) During the five-year period following the effective date	371
of this section, a plaintiff in a residential mortgage foreclosure	372
action who has a good faith belief that the property is abandoned	373
may provide the court with documentation of a good faith belief	374
that the owner has abandoned the property and request the court to	375
deny the owner the equitable and statutory rights to redemption of	376
the mortgage on that property.	377

Sec. 2308.09.  A person who is an owner of residential	378
property who knowingly causes physical harm to that property after	379
the person has been personally served with a summons and complaint	380
in a residential mortgage foreclosure action relating to that	381
property is guilty of vandalism in violation of section 2909.05 of	382
the Revised Code.	383

Sec. 2323.07. (A)(1) When a mortgage is foreclosed or a	384
specific lien enforced, a sale of the property, or a transfer of	385
property pursuant to sections 323.28, 323.65 to 323.78, and	386
5721.19 of the Revised Code, shall be ordered by the court having	387
jurisdiction or the county board of revision with jurisdiction	388
pursuant to section 323.66 of the Revised Code.	389

(2) No specific lien may be enforced or suit brought on a	390
note on a residential property unless that action initially is	391
brought in a judicial foreclosure proceeding.	392

(B) When the real property to be sold is in one or more	393
tracts, the court may order the officer who makes the sale to	394
subdivide, appraise, and sell them in parcels, or sell any one of	395
the tracts as a whole.	396

(C) When the mortgaged property is situated in more than one	397
county, the court may order the sheriff or master of each county	398
to make sale of the property in the sheriff's or master's county,	399
or may direct one officer to sell the whole. When it consists of a	400
single tract, the court may direct that it be sold as one tract or	401
in separate parcels, and shall direct whether appraisers shall be	402
selected for each county or one set for all; and whether	403
publication of the sale shall be made in all the counties, or in	404
one county only.	405

Sec. 2329.01. (A) Lands and tenements, including vested	406
legal interests therein, permanent leasehold estates renewable	407
forever, and goods and chattels, not exempt by law, shall be	408
subject to the payment of debts, and liable to be taken on	409
execution and sold as provided in sections 2329.02 to 2329.61,	410
inclusive, of the Revised Code.	411

(B) As used in sections 2329.02 to 2329.61 of the Revised	412
Code, "residential mortgage" and "residential property" have the	413
same meanings as in section 2308.01 of the Revised Code.	414

Sec. 2329.02. (A) Any judgment or decree rendered by any	415
court of general jurisdiction, including district courts of the	416
United States, within this state shall be a lien upon lands and	417
tenements of each judgment debtor within any county of this state	418
from the time there is filed in the office of the clerk of the	419
court of common pleas of such county a certificate of such	420
judgment, setting forth the court in which the same was rendered,	421
the title and number of the action, the names of the judgment	422
creditors and judgment debtors, the amount of the judgment and	423
costs, the rate of interest, if the judgment provides for	424
interest, and the date from which such interest accrues, the date	425
of rendition of the judgment, and the volume and page of the	426
journal entry thereof.	427

(B) No such judgment or decree shall be a lien upon any	428
lands, whether or not situated within the county in which such	429
judgment is rendered, registered under sections 5309.02 to	430
5309.98, inclusive, and 5310.01 to 5310.21, inclusive, of the	431
Revised Code, until a certificate under the hand and official seal	432
of the clerk of the court in which the same is entered or of	433
record, stating the date and purport of the judgment, giving the	434
number of the case, the full names of the parties, plaintiff and	435
defendant, and the volume and page of the journal or record in	436
which it is entered, or a certified copy of such judgment, stating	437
such facts, is filed and noted in the office of the county	438
recorder of the county in which the land is situated, and a	439
memorial of the same is entered upon the register of the last	440
certificate of title to the land to be affected.	441

Such certificate shall be made by the clerk of the court in	442
which the judgment was rendered, under the seal of said court,	443
upon the order of any person in whose favor such judgment was	444
rendered or upon the order of any person claiming under hima	445
person in whose favor such judgment was rendered, and shall be	446
delivered to the party so ordering the same; and the fee therefor	447
shall be taxed in the costs of the action.	448

(C) When any such certificate is delivered to the clerk of	449
the court of common pleas of any county in this state, the same	450
shall be filed by such clerk, and hethe clerk shall docket and	451
index it under the names of the judgment creditors and the	452
judgment debtors in a judgment docket, which shall show as to each	453
judgment all of the matters set forth in such certificate as	454
required by this section. The fee for such filing, docketing, and	455
indexing shall be taxed as increased costs of such judgment upon	456
such judgment docket and shall be included in the lien of the	457
judgment.	458

(D) When the clerk of any court, other than that rendering	459
the judgment, in whose office any such certificate is filed, has	460
docketed and indexed the same, hethe clerk shall indorse upon	461
such certificate the fact of such filing with the date thereof and	462
the volume and page of the docket entry of such certificate and	463
shall return the same so indorsed to the clerk of the court in	464
which the judgment was rendered, who shall note upon the original	465
docket the fact of the filing of said certificate, showing the	466
county in which the same was filed and the date of such filing.	467
When such certificate is filed, docketed, and indexed in the	468
office of the clerk of the court which rendered the judgment, such	469
clerk shall likewise indorse the certificate and make like	470
notation upon the original docket.	471

Each such judgment shall be deemed to have been rendered in	472
the county in which is kept the journal of the court rendering the	473
same, in which journal such judgment is entered.	474

(E) Certificates or certified copies of judgments or decrees	475
of any courts of general jurisdiction, including district courts	476
of the United States, within this state, may be filed, registered,	477
noted, and memorials thereof entered, in the office of the	478
recorder of any county in which is situated land registered under	479
sections 5309.02 to 5309.98, inclusive, and 5310.01 to 5310.21,	480
inclusive, of the Revised Code, for the purpose of making such	481
judgments liens upon such registered land.	482

(F) Notwithstanding any other provision of the Revised Code,	483
any judgment issued in a court of record may be transferred to any	484
other court of record. Any proceedings for collection may be had	485
on such judgment the same as if it had been issued by the	486
transferee court.	487

(G) When a clerk files a judgment of foreclosure in a	488
residential mortgage foreclosure action, the clerk shall provide	489
notice of that filing to the judgment debtor, the judgment	490
creditor, and any lienholder who has appeared in the action. The	491
notice shall include information with respect to the requirements	492
of section 2308.05 of the Revised Code and the consequences of a	493
failure to comply with that section.	494

Sec. 2329.09. (A) The writ of execution against the property	495
of a judgment debtor issuing from a court of record shall command	496
the officer to whom it is directed to levy on the goods and	497
chattels of the debtor. If no goods or chattels can be found, the	498
officer shall levy on the lands and tenements of the debtor. If	499
the court rendering the judgment or decree so orders, real estate	500
may be sold under execution as follows: one third cash on the day	501
of sale, one third in one year, one third in two years thereafter,	502
with interest on deferred payments, to be secured by mortgage on	503
the premises so sold. An execution on a judgment rendered against	504
a partnership firm by its firm name shall operate only on the	505
partnership property. The exact amount of the debt, damages, and	506
costs, for which the judgment is entered, shall be indorsed on the	507
execution.	508

(B) On any order of sale that the clerk delivers to the	509
officer making the sale in a residential mortgage foreclosure	510
action, the clerk shall include a notation that sets forth all of	511
the clerk's costs with respect to that foreclosure action and	512
sale. The clerk shall deliver a copy of the order of sale to the	513
attorney for the lienholder who filed for the writ of execution.	514

(C) Within fourteen days after receiving an order of sale	515
from the clerk, the officer making that sale shall set the date of	516
the sale.	517

Sec. 2329.191. (A) As used in this section, "title insurance	518
company" has the same meaning as in section 3953.01 of the Revised	519
Code.	520

(B) In every action demanding the judicial sale of	521
residential real estate consisting of one to four single-family	522
units, the party seeking that judicial sale shall file with the	523
clerk of the court of common pleas within fourteen days after	524
filing the pleadings requesting relief, together with the	525
complaint a preliminary judicial report on a form that is approved	526
by the department of insurance that is prepared and issued by a	527
duly licensed title insurance agent on behalf of a licensed title	528
insurance company or by a title insurance company that is	529
authorized by the department of insurance to transact business in	530
this state. The preliminary judicial report shall be effective	531
within thirty days prior to the filing of the complaint or other	532
pleading requesting a judicial sale and shall include at least all	533
of the following:	534

(1) A legal description of each parcel of real estate to be	535
sold at the judicial sale;	536

(2) The street address of the real estate or, if there is no	537
street address, the name of the street or road upon which the real	538
estate fronts together with the names of the streets or roads	539
immediately to the north and south or east and west of the real	540
estate;	541

(3) The county treasurer's permanent parcel number or other	542
tax identification number of the real estate;	543

(4) The name of the owners of record of the real estate to be	544
sold;	545

(5) A reference to the volume and page or instrument number	546
of the recording by which the owners acquired title to the real	547
estate;	548

(6) A description of the record title to the real estate;	549
however, easements, restrictions, setback lines, declarations,	550
conditions, covenants, reservations, and rights-of-way that were	551
filed for record prior to the lien being foreclosed are not	552
required to be included;	553

(7) The name and address of each lienholder and the name and	554
address of each lienholder's attorney, if any, as shown on the	555
recorded lien of the lienholder.	556

Prior to submitting any order or judgment entry to a court	557
that would order the sale of the residential real estate, the	558
party submitting the order or judgment entry shall file with the	559
clerk of the court of common pleas a final judicial report that	560
updates the state of the record title to that real estate from the	561
effective date of the preliminary judicial report through the date	562
of lis pendens and includes a copy of the court's docket for the	563
case. The cost of the title examination necessary for the	564
preparation of both the preliminary judicial report and the final	565
judicial report together with the premiums for those reports	566
computed as required by the department of insurance, based on the	567
fair market value of the real estate, or in the case of a	568
foreclosure, the principal balance of the mortgage or other lien	569
being foreclosed on or any other additional amount as may be	570
ordered by the court shall be taxed as costs in the case.	571

(C) In every action demanding the judicial sale of	572
residential real estate consisting of more than four single-family	573
units or of commercial real estate, the party seeking that	574
judicial sale shall file with the clerk of the court of common	575
pleas within fourteen days after filing the pleadings requesting	576
relieftogether with the complaint either a preliminary judicial	577
report or a commitment for an owner's fee policy of title	578
insurance on the form approved by the department of insurance that	579
is prepared and issued by a duly licensed title insurance agent on	580
behalf of a licensed title insurance company. Division (B) of this	581
section applies if the party seeking the judicial sale files a	582
preliminary judicial report. If the party seeking the judicial	583
sale files a commitment for an owner's fee policy of title	584
insurance, the commitment shall have an effective date within	585
fourteen days prior to the filing of the complaint or other	586
pleading requesting a judicial sale and shall contain at least all	587
of the information required in divisions (B)(1) to (7) of this	588
section. The commitment shall cover each parcel of real estate to	589
be sold, shall include the amount of the successful bid at the	590
judicial sale, shall show the purchaser at the judicial sale as	591
the proposed insured, and shall not expire until thirty days after	592
the recordation of the deed by the officer who makes the sale to	593
that purchaser. After the officer's return of the order of sale	594
and prior to the confirmation of the sale, the party requesting	595
the order of sale shall cause an invoice for the cost of the title	596
insurance policy, commitment cost related expenses, and	597
cancellation fees, if any, to be filed with the clerk of the court	598
of common pleas. The amount of the invoice shall be taxed as costs	599
in the case. The purchaser at the judicial sale may, by paying the	600
premium for the title insurance policy, obtain the issuance of	601
title insurance in accordance with the commitment.	602

Sec. 2329.20. NoExcept as otherwise provided in this	603
section or sections 2329.51 and 2329.52 of the Revised Code, no	604
tract of land shall be sold for less than two thirds of the value	605
returned in the inquest required by section 2329.17 of the Revised	606
Code; except that in. In all cases wherein which a junior	607
mortgage or other junior lien is sought to be enforced against	608
real estate by an order, judgment, or decree of court, subject to	609
a prior lien thereon, and such prior lien, and the claims or	610
obligations secured thereby, are unaffected by such order,	611
judgment, or decree, the court making such order, judgment, or	612
decree, may determine the minimum amount for which such real	613
estate may be sold, such minimum amount to be not less than two	614
thirds of the difference between the value of the real estate	615
appraised as provided in such section, and the amount remaining	616
unpaid on the claims or obligations secured by such prior lien.	617
The price at which a foreclosed residential property sells at a	618
sheriff's auction shall not be used as a basis for establishing	619
the market value of any other property.	620

Sec. 2329.26.  (A) Lands and tenements taken in execution	621
shall not be sold until all of the following occur:	622

(1)(a) Except as otherwise provided in division (A)(1)(b) of	623
this section, the judgment creditor who seeks the sale of the	624
lands and tenements or the judgment creditor's attorney does both	625
of the following:	626

(i) Causes a written notice of the date, time, and place of	627
the sale to be served in accordance with divisions (A) and (B) of	628
Civil Rule 5 upon the judgment debtor and upon each other party to	629
the action in which the judgment giving rise to the execution was	630
rendered;	631

(ii) At least seven calendar days prior to the date of the	632
sale, files with the clerk of the court that rendered the judgment	633
giving rise to the execution a copy of the written notice	634
described in division (A)(1)(a)(i) of this section with proof of	635
service endorsed on the copy in the form described in division (D)	636
of Civil Rule 5.	637

(b) Service of the written notice described in division	638
(A)(1)(a)(i) of this section is not required to be made upon any	639
party who is in default for failure to appear in the action in	640
which the judgment giving rise to the execution was rendered.	641

(2) The officer taking the lands and tenements gives public	642
notice of the date, time, and place of the sale. Notice for the	643
first attempt to sell the lands and tenements shall be given for	644
at least three weeks before the day of sale by advertisement in a	645
newspaper published in and of general circulation in the county.	646
The court ordering the sale may designate in the order of sale the	647
newspaper in which this public notice shall be published, and this	648
public notice is subject to division (A) of section 2329.27 of the	649
Revised Code. Notices of subsequent sales of the lands and	650
tenements may be made electronically on a web site the officer	651
maintains. The officer shall set the date for any subsequent sale	652
to be not later than thirty days following the immediate prior	653
attempt to sell.	654

(3) The officer taking the lands and tenements shall collect	655
collects the purchaser's information required by section 2329.271	656
of the Revised Code.	657

(B) The officer making the sale may accept a written bid from	658
a lienholder at any time prior to that sale. The public notice of	659
the sale may include notice of this opportunity to make a written	660
bid prior to the sale. The officer may, at the officer's	661
discretion, open the bidding at the amount of any written bid.	662

(C) If the purchaser at a sale is a lienholder, the officer	663
making the sale shall not charge the purchaser any deposit or	664
other fees prior to the time at which the purchase price is due	665
pursuant to division (B) of section 2329.31 of the Revised Code.	666

(D) If the purchaser at sale plans to assign the right to	667
purchase that property to another party, and that party will pay	668
the balance of the purchase price to the officer making the sale,	669
the assignment of the purchaser's bid may be made at any time	670
prior to the preparation of the deed, and notice of that	671
assignment may be filed with the officer at any time prior to the	672
preparation of the deed.	673

(E) A sale of lands and tenements taken in execution may be	674
set aside in accordance with division (B) of section 2329.27 of	675
the Revised Code.	676

Sec. 2329.31. (A) Upon(1) Except as otherwise provided in	677
division (A)(2) of this section, upon the return of any writ of	678
execution for the satisfaction of which lands and tenements have	679
been sold, on careful examination of the proceedings of the	680
officer making the sale, if the court of common pleas finds that	681
the sale was made, in all respects, in conformity with sections	682
2329.01 to 2329.61 of the Revised Code, it shall, within thirty	683
days of the return of the writ, direct the clerk of the court of	684
common pleas to make an entry on the journal that the court is	685
satisfied of the legality of such sale and that the attorney who	686
filed the writ of execution make to the purchaser a deed for the	687
lands and tenements. Nothing	688

(2) In any sale pursuant to a residential mortgage	689
foreclosure action, if the clerk of court receives no written	690
objection to that sale within seven days after the return to the	691
clerk of the writ of execution, on careful examination of the	692
proceedings of the officer making the sale, the court shall deem	693
that the sale is final and shall confirm that sale. The clerk	694
shall make an entry on the journal that the sale is deemed legal.	695

(3) Nothing in this section prevents the court of common	696
pleas from staying the confirmation of the sale to permit a	697
property owner time to redeem the property or for any other reason	698
that it determines is appropriate. In those instances, the sale	699
shall be confirmed within thirty days after the termination of any	700
stay of confirmation.	701

(B) The officer making the sale shall require the purchaser,	702
including a lienholder, to pay within thirty days ofafter the	703
confirmation of the sale the balanceamount due on the purchase	704
price of the lands and tenements unless the court grants the	705
purchaser an extension for good cause.	706

Sec. 2329.33.  In sales of real estate on execution or order	707
of sale, at any time before the confirmation thereof or, if a	708
residential foreclosure action, not later than sixty days	709
following the clerk's notice of the filing of the judgment, the	710
debtor may redeem it from sale by depositing in the hands of the	711
clerk of the court of common pleas to which such execution or	712
order is returnable, the amount of the judgment or decree upon	713
which such lands were sold, with all costs, including poundage,	714
and interest at the rate of eight per cent per annum on the	715
purchase money from the day of sale to the time of such deposit,	716
except where the judgment creditor is the purchaser, the interest	717
at such rate on the excess above histhe judgment creditor's	718
claim. The court of common pleas thereupon shall make an order	719
setting aside such sale, and apply the deposit to the payment of	720
such judgment or decree and costs, and award such interest to the	721
purchaser, who shall receive from the officer making the sale the	722
purchase money paid by himthe purchaser, and the interest from	723
the clerk. This section does not take away the power of the court	724
to set aside such sale for any reason for which it might have been	725
set aside prior to April 16, 1888.	726

Sec. 2329.36. (A) The attorney who files the writ of	727
execution shall, not later than seven days after the filing of	728
clerk files the order of confirmation of sale pursuant to section	729
2329.31 of the Revised Code, make to the purchaser a deed,	730
containing the names of the parties to the judgment, the names of	731
the owners of the property sold, a reference to the volume and	732
page of the recording of the next preceding recorded instrument by	733
or through which the owners claim title, the date and amount of	734
the judgment, the substance of the execution or order on which the	735
property was sold, the substance of the officer's return thereon,	736
and the order of confirmation and deliver the deed to the officer	737
who sold the real property. The deed shall be executed,	738
acknowledged, and recorded as other deeds. The officer or the	739
officer's legal representative may review and approve or reject	740
the deed for form and substance.	741

(B) By placing a bid at a sale conducted pursuant to this	742
chapter, the purchaser appoints the officer who makes the sale as	743
agent of the purchaser for the sole purpose of accepting delivery	744
of the deed described in division (A) of this section.	745

(C)(1) The officer who sells the real property, or the	746
officer's designee, shall record the deed, or for registered land	747
file the documents required by section 5309.64 of the Revised	748
Code, with the county recorder within fourteen business days of	749
after the later of the date the purchaser pays the balance due on	750
the purchase price of the lands and tenements or the date the	751
court confirms the sale. The officer shall charge the purchaser a	752
fee to cover the actual costs of preparing and recording the deed	753
or filing the documents.	754

(2) Notwithstanding division (C)(1) of this section, a	755
purchaser may deliver any remaining balance of the purchase price	756
to the officer making the sale, together with an affidavit stating	757
the purchaser will submit the deed for recording within seven days	758
after receipt of the deed. Upon receiving the remaining balance	759
and affidavit, the officer making the sale shall release the	760
unrecorded deed to the purchaser who shall submit that deed for	761
recording within the seven-day period and deliver evidence of the	762
same to the sheriff or face penalties for contempt of court. If	763
the purchaser fails to deliver evidence to the sheriff that the	764
deed has been submitted for recording with the seven-day period,	765
the sheriff shall notify the court and the court shall schedule	766
proceedings against the purchaser for contempt of court.	767

Sec. 2329.52. When(A) Except as otherwise provided in	768
division (B) of this section, when premises are ordered to be	769
sold, if said premises, or a part thereof, remain unsold for want	770
of bidders after having been once appraised, advertised, and	771
offered for sale, the court from which the order of sale issued	772
may, on motion of the plaintiff or defendant and from time to time	773
until said premises are disposed of, order a new appraisement and	774
sale or direct the amount for which said premises, or a part	775
thereof, may be sold.	776

The court may order that the premises be sold as follows: One	777
third cash in hand, one third in nine months from the day of sale,	778
and the remaining one third in eighteen months from the day of	779
sale, the deferred payments to draw interest at six per cent and	780
be secured by a mortgage on the premises.	781

(B) When a residential property is ordered to be sold	782
pursuant to a residential mortgage foreclosure action, if the	783
property remains unsold after the first auction with a minimum bid	784
of two-thirds of the appraised value as established pursuant to	785
section 2329.17 of the Revised Code, a second auction shall be	786
held with minimum bid set at two-thirds of the minimum bid	787
established for the first sale. If the property remains unsold	788
after the second auction, a third auction shall be held with a	789
minimum bid in an amount the court establishes at its discretion.	790
A property that remains unsold after three auctions shall be	791
deemed abandoned pursuant to section 2308.06 of the Revised Code	792
and is subject to transfer as provided in that section.	793

Sec. 2909.05.  (A) No person shall knowingly cause serious	794
physical harm to an occupied structure or any of its contents.	795

(B)(1) No person shall knowingly cause physical harm to	796
property that is owned or possessed by another, when either of the	797
following applies:	798

(a) The property is used by its owner or possessor in the	799
owner's or possessor's profession, business, trade, or occupation,	800
and the value of the property or the amount of physical harm	801
involved is five hundred dollars or more;	802

(b) Regardless of the value of the property or the amount of	803
damage done, the property or its equivalent is necessary in order	804
for its owner or possessor to engage in the owner's or possessor's	805
profession, business, trade, or occupation.	806

(2) No person shall knowingly cause serious physical harm to	807
property that is owned, leased, or controlled by a governmental	808
entity. A governmental entity includes, but is not limited to, the	809
state or a political subdivision of the state, a school district,	810
the board of trustees of a public library or public university, or	811
any other body corporate and politic responsible for governmental	812
activities only in geographical areas smaller than that of the	813
state.	814

(C) No person, without privilege to do so, shall knowingly	815
cause serious physical harm to any tomb, monument, gravestone, or	816
other similar structure that is used as a memorial for the dead;	817
to any fence, railing, curb, or other property that is used to	818
protect, enclose, or ornament any cemetery; or to a cemetery.	819

(D) No person, without privilege to do so, shall knowingly	820
cause physical harm to a place of burial by breaking and entering	821
into a tomb, crypt, casket, or other structure that is used as a	822
memorial for the dead or as an enclosure for the dead.	823

(E) No person who is an owner of a residential property shall	824
knowingly cause physical harm to that property after the person	825
has been personally served with a summons and complaint in a	826
residential mortgage foreclosure action relating to that property.	827

(F) Whoever violates this section is guilty of vandalism.	828
Except as otherwise provided in this division, vandalism is a	829
felony of the fifth degree that is punishable by a fine of up to	830
two thousand five hundred dollars in addition to the penalties	831
specified for a felony of the fifth degree in sections 2929.11 to	832
2929.18 of the Revised Code. If the value of the property or the	833
amount of physical harm involved is five thousand dollars or more	834
but less than one hundred thousand dollars, vandalism is a felony	835
of the fourth degree. If the value of the property or the amount	836
of physical harm involved is one hundred thousand dollars or more,	837
vandalism is a felony of the third degree.	838

(F)(G) For purposes of this section:

839

(1) "Cemetery" means any place of burial and includes burial	840
sites that contain American Indian burial objects placed with or	841
containing American Indian human remains.	842

(2) "Residential property" has the same meaning as in section	843
2308.01 of the Revised Code.	844

(3) "Serious physical harm" means physical harm to property	845
that results in loss to the value of the property of five hundred	846
dollars or more.	847

Sec. 2941.47.  When an indictment is returned or information	848
or complaint filed against a corporation, a summons commanding the	849
sheriff to notify the accused thereof, returnable on the seventh	850
day after its date, shall issue on praecipe of the prosecuting	851
attorney. SuchThe summons with a copy of the indictment,	852
information or complaint shall be served and returned in the	853
manner provided for service of summons upon corporations in civil	854
actions. If the service cannot be made in the county where the	855
prosecution began, the sheriff may make service in any other	856
county of the state, upon the president, secretary,	857
superintendent, clerk, treasurer, cashier, managing agent, or	858
other chief officer thereof, or by leaving a copy at a general or	859
branch office or usual place of doing business of such	860
corporation, with the person having charge thereof. SuchThe	861
corporation shall appear by one of its officers or by counsel on	862
or before the return day of the summons served and answer to the	863
indictment or, information, or complaint by motion, demurrer, or	864
plea, and upon failure to make suchan appearance and answer, the	865
clerk of the court of common pleas shall enter a plea of "not	866
guilty." Upon suchan appearance being made or plea entered, the	867
corporation is before the court until the case is finally disposed	868
of. On saidthe indictment or, information, or complaint, no	869
warrant of arrest may issue except for individuals who may be	870
included in suchthe indictment or, information, or complaint.	871

Sec. 5723.01.  (A)(1) Every tract of land and town lot,	872
which, pursuant to foreclosure proceedings under section 323.25,	873
sections 323.65 to 323.79, or section 5721.18 of the Revised Code,	874
has been advertised and offered for sale on two separate	875
occasions, not less than two weeks apart, and not sold for want of	876
bidders, shall be forfeited to the state or to a political	877
subdivision, school district, or county land reutilization	878
corporation pursuant to division (A)(3) of this section.	879

(2) The county prosecuting attorney shall certify to the	880
court that such tract of land or town lot has been twice offered	881
for sale and not sold for want of a bidder. Such forfeiture of	882
lands and town lots shall be effective when the court by entry	883
orders such lands and town lots forfeited to the state or to a	884
political subdivision, school district, or county land	885
reutilization corporation pursuant to division (A)(3) of this	886
section. A copy of such entry shall be certified to the county	887
auditor and, after the date of the certification, all the right,	888
title, claim, and interest of the former owner is transferred to	889
and vested in the state to be disposed of in compliance with this	890
chapter.	891

(3) After having been notified pursuant to division (A)(2) of	892
this section that the tract of land or town lot has been twice	893
offered for sale and not sold for want of bidders, the court shall	894
notify the political subdivision and school district in which the	895
property is located, and any county land reutilization corporation	896
in the county, and offer to forfeit the property to the political	897
subdivision, school district, or corporation, or to an electing	898
subdivision as defined in section 5722.01 of the Revised Code,	899
upon a petition from the political subdivision, school district,	900
or corporation. If no such petition is filed with the court within	901
ten days after notification by the court, the court shall forfeit	902
the property to the state. If a political subdivision, school	903
district, or corporation requests through a petition to receive	904
the property through forfeiture, the forfeiture of land and town	905
lots is effective when, by entry, the court orders such lands and	906
town lots forfeited to the political subdivision, school district,	907
or corporation. The court shall certify a copy of the entry to the	908
county auditor and, after the date of certification, all the	909
right, title, claim, and interest of the former owner is	910
transferred to and vested in the political subdivision, school	911
district, or corporationthe county auditor shall promptly	912
transfer to such political subdivision, school district, or	913
corporation, by auditor's deed, the fee simple title to the	914
property free and clear of all taxes, assessments, charges,	915
penalties, interest, and costs. Any subordinate liens shall be	916
deemed fully and forever satisfied and discharged and the property	917
shall be deemed sold by the state for no consideration. The	918
political subdivision, school district, or corporation shall file	919
the deed for recording.	920

(B) Every parcel against which a judgment of foreclosure and	921
forfeiture is made in accordance with section 5721.16 of the	922
Revised Code is forfeited to the state on the date the court	923
enters a finding under that section. After that date, all the	924
right, title, claim, and interest of the former owner is	925
transferred to the state to be disposed of in compliance with the	926
relevant provisions of this chapter.	927

Section 2. That existing sections 323.47, 2303.20, 2323.07,	928
2329.01, 2329.02, 2329.09, 2329.191, 2329.20, 2329.26, 2329.31,	929
2329.33, 2329.36, 2329.52, 2909.05, 2941.47, and 5723.01 of the	930
Revised Code are hereby repealed.	931