Ohio Revised Code Search
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Section 2329.33 | Redemption by judgment debtor.
...such deposit, except where the judgment creditor is the purchaser, the interest at such rate on the excess above the judgment creditor's claim. The court of common pleas thereupon shall make an order setting aside such sale, and apply the deposit to the payment of such judgment or decree and costs, and award such interest to the purchaser, who shall receive from the officer making the sale the purchase money paid by ... |
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Section 2329.34 | Conveyance by commissioner.
...t 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 any such reason to exist, that reason shall be embodied in and made part of the judgment, order, or decree for such sale. |
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Section 2329.35 | Sheriff may act for master commissioner.
...a master who, by reason of sickness, is unable to attend. Sales made by a master must conform to the laws regulating sales of lands upon execution. |
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Section 2329.36 | Deed of sheriff, master.
...he owners claim title, the date and amount of the judgment, the substance of the execution or order on which the property was sold, the substance of the officer's return thereon, and the order of confirmation and deliver the deed to the officer who sold the real property. The deed shall be executed, acknowledged, and recorded as other deeds. The officer or the officer's legal representative may review ... |
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Section 2329.37 | Effect of deed.
...de 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. |
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Section 2329.38 | Printer's fee.
... officer need not make such publication until the fees are paid. |
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Section 2329.39 | Place of sale.
...evised Code, sale of lands or tenements under execution or order of sale must be held in the county 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. |
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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. |
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Section 2329.41 | Separate levies directed on separate tracts.
...atisfy 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, inclusive, of the Revised Code, has the choice of such part of the real property of the judgment debtor as, at two ... |
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Section 2329.42 | Two or more executions to same officer.
...portion in value to the whole as the amount due on the execution bears to the amount of all the executions chargeable thereon, as near as may be, according to the appraised value of each separate parcel. |
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Section 2329.43 | Deeds for lands sold may be made by a sheriff's successor.
... or if he dies, is absent, or otherwise unable to make a deed of conveyance of the property sold, 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 su... |
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Section 2329.44 | Excess payable to debtor; notice to debtor.
...east once, a posting on the clerk's web site, a text message to the judgment debtor, or a posting in a conspicuous place in the court where the action was commenced. (b) If the address of the judgment debtor is not known, the clerk shall not send a notice by mail under division (A)(1)(a)(i) or (ii) of this section, but shall comply with division (A)(1)(a)(iii) of this section. (c) If the name of the judgment de... |
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Section 2329.45 | Reversal of judgment.
...y of sale, must be made by the 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. |
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Section 2329.46 | Remedy of purchaser if sale invalid.
...ion does not require the creditor to refund the purchase money by reason of the invalidity of such sales. This section applies to sales by order of court, sales by executors, administrators, guardians, and assignees, and to sales for taxes. |
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Section 2329.47 | Proceedings to vacate satisfaction of judgment.
...rty, such plaintiff, having paid the 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. |
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Section 2329.48 | Relief of officer who levies upon and sells wrong property in good faith.
... whom an execution issues on a judgment levies it in good faith upon property not subject to levy, sells it, applies the proceeds in satisfaction in whole or part of the judgment, and a recovery is had against him for its value, upon 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... |
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Section 2329.49 | Remedy when one of cosureties pays for such property.
...f the debts on which such judgment is founded, as though such satisfaction, by due process of law, had been made out of the property of such defendant, surety, or cosurety so directing such levy. |
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Section 2329.50 | Supreme court and court of appeals judgments.
...d by an appeal of the case, or by an injunction against the execution, or by a vacancy in the office of sheriff and coroner, or by the inability of such officers, shall be excluded. |
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Section 2329.51 | New appraisement.
...ed, advertised, and offered for 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 uns... |
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Section 2329.52 | New appraisement - sale of part - terms of sale.
...ppraised, 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 t... |
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Section 2329.53 | Return day of writ of execution.
...rit to the court to which it is returnable within sixty days from its date. |
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Section 2329.54 | Entry of judgment against principal and surety.
...rety or bail for his codefendant, the clerk of such court, in recording the judgment thereon, must certify which of the defendants is principal debtor and which is the surety or bail. Such clerk shall issue execution on such judgment, commanding the officer to levy on the goods, chattels, lands, and tenements, of the principal debtor, or, for want of sufficient property of his to make it, to levy on the goods, chatt... |
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Section 2329.56 | Penalty for neglecting to serve as appraiser.
...ict 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. |
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Section 2329.57 | Execution issued to another county may be returned by mail.
...of him, may transmit it by mail to the clerk of the court who issued the writ. On proof by such sheriff or coroner that it was mailed soon enough to reach the office where it was issued within the time prescribed by law, he shall not be liable to amercement or penalty if it does not reach the office in due time. |
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Section 2329.58 | Money not to be forwarded by mail.
...ructed to do so by the plaintiff, his agent, or attorney of record. |