Ohio Revised Code Search
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Section 2329.312 | Reports by levying officers.
...g officers appointed or authorized by a court under this chapter to conduct the judicial or execution sale of residential property consisting of one to four single-family units shall submit quarterly reports to the attorney general. The reports shall include data on each such sale conducted by the officer, including data showing whether or not the deadlines required under division (E) of section 2308.02, division (B)... |
Section 2329.32 | Officer may retain purchase money until sale confirmed.
...e purchase money in his hands until the court examines his proceedings, when he shall pay it to the person entitled thereto, under the order of the court. |
Section 2329.33 | Redemption by judgment debtor.
...siting in the hands of the clerk of the court of common pleas to which such execution or order is returnable, the amount of the judgment or decree upon which such lands were sold, with all costs, including poundage, and interest at the rate of eight per cent per annum on the purchase money from the day of sale to the time of such deposit, except where the judgment creditor is the purchaser, the interest at such rate ... |
Section 2329.34 | Conveyance by commissioner.
...aster under an order or judgment of the court appointing the master. No court shall make or issue an order to a master for the sale of real estate except in response to a motion by a judgment creditor, which motion shall be granted only if there exists some special reason why the sale should not be made by the sheriff of the county where the decree or order was made or by a private selling officer. If the court finds... |
Section 2329.35 | Sheriff may act for master commissioner.
...A master commissioner or special master who sells real property shall have the same power to administer oaths that is conferred upon sheriffs. A sheriff may act as a master commissioner. On notice, and for a reasonable compensation to be paid him by a master out of his fees, the sheriff shall attend and make sale for a master who, by reason of sickness, is unable to attend. Sales made by a master must conform to th... |
Section 2329.36 | Deed of sheriff, master.
...(A) The attorney who files the writ of execution shall, not later than seven days after the filing of the order of confirmation of sale pursuant to section 2329.31 of the Revised Code, make to the purchaser a deed, containing the names of the parties to the judgment, the names of the owners of the property sold, a reference to the volume and page of the recording of the next preceding recorded instrume... |
Section 2329.37 | Effect of deed.
...The deed provided for in section 2329.36 of the Revised Code shall be prima facie evidence of the legality and regularity of the sale. All the estate and interest of the person whose property the officer so professed to sell and convey, whether it existed at the time the property became liable to satisfy the judgment, or was acquired afterward, shall be vested in the purchaser by such sale. |
Section 2329.38 | Printer's fee.
...The officer who makes a levy, or holds an order of sale, before giving notice of the sale, may demand of the plaintiff, his agent or attorney, the fees of the printer for publishing such notice. The officer need not make such publication until the fees are paid. |
Section 2329.39 | Place of sale.
...y in which they are situated and at the courthouse, unless otherwise ordered by the court. Purchase of real or personal property, by the officer making the sale thereof, or by an appraiser of such property, shall be fraudulent and void. |
Section 2329.40 | Alias execution.
...If lands and tenements levied on, or ordered to be sold, are not sold upon execution, other executions may be issued to sell them. |
Section 2329.41 | Separate levies directed on separate tracts.
...When two or more executions come to the hands of an officer, and it is necessary to levy on real estate to satisfy them, and either of the judgment creditors, or his assignee , requires him to make a separate levy to satisfy his executions, the officer shall obey the direction. The officer who makes the levy on behalf of the creditor whose execution, is entitled to a preference by sections 2329.01 to 2329.61, inclusi... |
Section 2329.42 | Two or more executions to same officer.
...If two or more executions entitled to no preference as to each other are put in the hands of the same officer, when required, he must levy them on separate parcels of the real property of the judgment debtor if, in the opinion of the appraisers, they can be divided without material injury. If the real property of such debtor is not sufficient, at two thirds of its appraised value, to satisfy all the executions charg... |
Section 2329.43 | Deeds for lands sold may be made by a sheriff's successor.
...ld, on receiving a certificate from the court from which execution issued for such sale, signed by the clerk of such court, by order of the court, setting forth that sufficient proof has been made that the sale was fair and legal, on tender of the purchase money, or if it or a part thereof has been paid, then, on proof of such payment and tender of the balance, any of the successors of such officer may execute to the... |
Section 2329.44 | Excess payable to debtor; notice to debtor.
...interest and costs, to the clerk of the court that issued the writ of execution not later than forty-five days after confirmation of the sale. The clerk then shall do one of the following: (1)(a) If the balance is five hundred dollars or more, send to the judgment debtor whose property was the subject of the sale a notice that indicates the amount of the balance, informs the judgment debtor that the judgment debtor... |
Section 2329.45 | Reversal of judgment.
... creditor. In ordering restitution, the court shall take into consideration all persons who lost an interest in the property by reason of the judgment and sale and the order of the priority of those interests. |
Section 2329.46 | Remedy of purchaser if sale invalid.
...is section applies to sales by order of court, sales by executors, administrators, guardians, and assignees, and to sales for taxes. |
Section 2329.47 | Proceedings to vacate satisfaction of judgment.
...e amount so recovered, on motion in the court having control of the judgment, on giving the judgment defendant notice thereof, may have the satisfaction so made from the sale of the property vacated, and may collect the judgment. |
Section 2329.48 | Relief of officer who levies upon and sells wrong property in good faith.
...n payment thereof, on motion before the court having control of the judgment and a showing that due notice of such motion was given to the defendant in the execution, such officer may have the satisfaction of such judgment vacated, and execution shall issue therefor for his use as if such levy and sale had not been made. |
Section 2329.49 | Remedy when one of cosureties pays for such property.
...When a defendant in a judgment, or his surety or cosurety , by mistake has directed an execution issued on the judgment to be levied on property not liable thereto, thereby causing such judgment to be wholly or in part satisfied, and has been compelled to pay the owner of the property therefor, he has the same rights against a codefendant in such judgment, and against a cosurety or principal in respect of the debts o... |
Section 2329.50 | Supreme court and court of appeals judgments.
...es in which judgment is rendered in the court of appeals or supreme court and a special mandate is directed to the court of common pleas to carry it into execution, the lien of the judgment creditor shall continue for one year after it is so entered. In computing such period of one year, the time covered by an appeal of the case, or by an injunction against the execution, or by a vacancy in the office of sheriff and ... |
Section 2329.51 | New appraisement.
...sale is unsold for want of bidders, the court from which the execution issued, on motion of the plaintiff, shall set aside such appraisement and order a new appraisement to be made, or shall set aside the levy and appraisement and award a new execution to issue. When such real estate or a part of it has been two times appraised and thereafter advertised and offered for sale, and is unsold for want of bidders, the cou... |
Section 2329.52 | New appraisement - sale of part - terms of sale.
..., advertised, and offered for sale, the court from which the order of sale issued may, on motion of the plaintiff or defendant and from time to time until said premises are disposed of, order a new appraisement and sale or direct the amount for which said premises, or a part thereof, may be sold. The court may order that the premises be sold as follows: One third cash in hand, one third in nine months from the day o... |
Section 2329.53 | Return day of writ of execution.
... directed shall return such writ to the court to which it is returnable within sixty days from its date. |
Section 2329.54 | Entry of judgment against principal and surety.
...When judgment is rendered in a court of record in this state upon an instrument in writing in which two or more persons are jointly or severally bound, and it appears to the court, by parol or other testimony, that one or more of the persons so bound signed it as surety or bail for his codefendant, the clerk of such court, in recording the judgment thereon, must certify which of the defendants is principal debtor an... |
Section 2329.56 | Penalty for neglecting to serve as appraiser.
...complaint made to a judge of the county court in the district in which such freeholder resides, unless the freeholder has a reasonable excuse, the freeholder shall pay fifty dollars for each neglect, which shall be collected by the judge, and paid into the county treasury for the use of the county. |