As Introduced

136th General Assembly

Regular Session S. B. No. 135

2025-2026

To amend sections 2127.38, 2329.01, 2329.151, 2329.152, 2329.153, 2329.17, 2329.18, 2329.19, 2329.20, 2329.211, 2329.26, 2329.27, 2329.312, 2329.52, and 5721.10 of the Revised Code relating to real property foreclosures and estate sales.

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

Section 1. That sections 2127.38, 2329.01, 2329.151, 2329.152, 2329.153, 2329.17, 2329.18, 2329.19, 2329.20, 2329.211, 2329.26, 2329.27, 2329.312, 2329.52, and 5721.10 of the Revised Code be amended to read as follows:

Sec. 2127.38. The sale price of real property sold following an action by an executor, administrator, or guardian shall be applied and distributed as follows:

~~(A)~~ (A)(1) To discharge the costs and expenses of the sale, including reasonable fees to be fixed by the probate court for services performed by attorneys for the fiduciary in connection with the sale, and compensation, if any, to the fiduciary for services in connection with the sale as the court may fix, which costs, expenses, fees, and compensation shall be paid prior to any liens upon the real property sold and notwithstanding the purchase of the real property by a lien holder;

(2) If the estate is insolvent or if, following the application and distribution of the sale proceeds under this section, the real and personal property in the possession or under the control of the executor or administrator of the estate is insufficient to pay the costs, expenses, or fees incurred by the executor or administrator in the course of administrating the entire estate, including fees for services performed by attorneys employed by the executor or administrator in relation to the administration of the entire estate, a court may fix which of those costs, expenses, and fees, not to exceed five thousand dollars, in addition to the costs, expenses, fees, and compensation authorized by division (A)(1) of this section, shall be paid prior to any liens placed on or after the effective date of this amendment, upon the real property sold and notwithstanding the purchase of the real property by a lien holder.

(B) To the payment of taxes, interest, penalties, and assessments then due against the real property, and to the payment of mortgages and judgments against the ward or deceased person, according to their respective priorities of lien, so far as they operated as a lien on the real property of the deceased at the time of the sale, or on the estate of the ward at the time of the sale, that shall be apportioned and determined by the court, or on reference to a master, or otherwise;

(C)(1) In the case of an executor or administrator, the remaining proceeds of sale shall be applied as follows:

(a) To the payment of legacies with which the real property of the deceased was charged, if the action is to sell real property to pay legacies;

(b) To discharge the claims and debts of the estate in the order provided by law.

(2) Whether the executor or administrator was appointed in this state or elsewhere, the surplus of the proceeds of sale shall be considered for all purposes as real property, and be disposed of accordingly.

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

(B) As used in sections 2329.02 to 2329.61 of the Revised Code:

(1) "Commercial property" means any property that is not residential property.

(2) "Private selling officer" means a resident of this state licensed as both an auctioneer under Chapter 4707. of the Revised Code and as a real estate broker or real estate salesperson under Chapter 4735. of the Revised Code.

(3) "Residential mortgage loan" and "residential property" have the same meanings as in section 2308.01 of the Revised Code.

(4) "Judgment debtor" includes any individual, corporation, business trust, estate, trust, partnership, or association.

(5) "Sale date" means the day on which an auction for real estate concludes.

(6) "Start date" means the first day an auction for real estate is open for bidding to the public.

Sec. 2329.151. Except as provided in sections 2329.152 to 2329.154 of the Revised Code, all public auctions of goods, chattels, or lands levied upon by execution shall be conducted personally by one of the following:

(A) An officer of the court;

(B) For the public auction of goods and chattels, a resident of this state licensed as an auctioneer under Chapter 4707. of the Revised Code;

~~(C)~~(C)(1) For the public auction of lands, a private selling officer who is not affiliated with or employed by either of the following:

(a) A mortgagee or mortgage servicer;

(b) A subsidiary of a mortgagee or mortgage servicer.

(2) As used in division (C)(1) of this section, "affiliated with" a mortgagee or mortgage servicer means a person that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the specified mortgagee or mortgage servicer.

(3) Nothing in this section shall be construed to prohibit a mortgagee or mortgage servicer from engaging in a regular course of business with an independent private selling officer.

Sec. 2329.152. (A) In every action demanding the judicial or execution sale of real estate in which the debtor has failed to plead or otherwise defend as provided by the Rules of Civil Procedure, the judgment creditor may elect that the real estate be sold at a public auction by a private selling officer. If the judgment creditor elects to have the real estate sold by the private selling officer, the judgment creditor shall file with the clerk of the court a praecipe directing the issuance of an order of sale to the private selling officer. A judgment creditor may specify multiple private selling officers in the praecipe, any of which may conduct the sale.

In every other action demanding the judicial or execution sale of real estate, the county sheriff shall sell the real estate at a public auction, unless the judgment creditor files a motion with the court for an order authorizing a specified private selling officer to sell the real estate at a public auction. If the court authorizes a private selling officer to sell the real estate, the judgment creditor may seek to have the property sold by the private selling officer authorized by the court or by the county sheriff. If the judgment creditor elects to have the property sold by the private selling officer authorized by the court, the judgment creditor shall file with the clerk of the court a praecipe requesting the issuance of an order of ~~appraisal to the sheriff and an order of~~ sale to the private selling officer authorized by the court. ~~Upon~~

Upon the filing of ~~that~~ the praecipe, the clerk of the court shall immediately issue ~~both of the following:~~

~~(1) An order of appraisal to the sheriff, who shall obtain an appraisal of the real estate in conformity with sections 2329.17 and 2329.18 of the Revised Code;~~

~~(2) An~~ an order of sale to the private selling officer, who~~, after the return or determination of the appraisal,~~ shall advertise and sell the real estate in conformity with applicable provisions of sections 2329.01 to 2329.61 of the Revised Code using the appraised value established under section 2329.17 of the Revised Code.

Within ten days after the issuance of an order of sale to a private selling officer, any lienholder who is a party to the action may file a motion with the court objecting to the use of the private selling officer. If such motion is filed within ten days after the issuance of the order of sale and the court determines there is good and reasonable cause, as defined in this division, the court may order that the sale be reset, republished, and conducted by the county sheriff.

As used in this division, "good and reasonable cause" means that the lienholder is more likely to have its lien satisfied, in whole or in part, if the sale is conducted by the county sheriff.

(B)(1) As used in this division:

(a) "Business day" means a calendar day that is not a Saturday or Sunday or a legal holiday as defined in section 1.14 of the Revised Code.

(b) "Remote bid" means a bid submitted in writing via facsimile, electronic mail, or overnight delivery or courier.

(2) If the sale of the real estate is conducted at a physical location and not online, then each judgment creditor and lienholder who was a party to the action may submit a remote bid to the sheriff or the private selling officer. Each sheriff and private selling officer shall establish and maintain a facsimile number or an electronic mail address for use by judgment creditors and lienholders in submitting remote bids. Each remote bid shall be of a fixed maximum amount and shall be delivered to the sheriff or private selling officer on or before four-thirty p.m. on the business day immediately preceding the ~~date of the~~ sale date.

(3) Before the sale, the sheriff or the private selling officer shall confirm receipt of the remote bid by sending notice of such receipt via facsimile or electronic mail to the judgment creditor or lienholder who submitted the remote bid. During the sale, the sheriff or the private selling officer shall place the remote bid on behalf of the judgment creditor or lienholder who submitted the remote bid. After the sale, the sheriff or the private selling officer shall provide notice of the results of the sale not later than the close of business on the day of the sale to all judgment creditors and lienholders who submitted remote bids. Such notice shall be sent via facsimile or electronic mail to the judgment creditor or lienholder or by posting the results of the sale on a public web site.

(4) If a sheriff or private selling officer fails to place a remote bid on behalf of a judgment creditor or lienholder to the prejudice of the judgment creditor or lienholder, then, upon the filing of a motion to vacate the sale within ten business days after the sale date, the sale shall be vacated.

(C)(1) A judgment creditor that obtains a court order authorizing a specified private selling officer to sell the real estate at a public auction pursuant to division (A) of this section may instruct the private selling officer to postpone the sale of the real estate one or more times, provided, however that all rescheduled sale dates shall be within one hundred eighty days of the initial sale date. Upon receiving this instruction, the private selling officer shall postpone the sale of the real estate by announcing that the sale is postponed. If the sale is at a physical location, this announcement shall be made at the sale and shall include the date, time, and place of the rescheduled sale of the real estate. If the sale is online, this announcement shall be made on the auction web site and shall include the date of the rescheduled sale of real estate. Each such announcement shall be deemed to meet the notice requirement in section 2329.26 of the Revised Code.

(2) If the judgment creditor does not wish to postpone the sale of the real estate, the judgment creditor may instruct the private selling officer to cancel the sale of the real estate. Upon receiving this instruction, the private selling officer shall cancel the sale of the real estate by announcing that the sale is canceled. If the sale is at a physical location, this announcement shall be made at the sale. If the sale is online, this announcement shall be made on the auction web site and shall remain posted there until at least the end of the ~~seven-calendar-day~~ three-calendar-day bidding period described in division (E)(1)(a) of this section ~~2329.152 of the Revised Code~~.

(3) If the sale of the real estate is postponed or canceled as described in divisions (C)(1) and (2) of this section, all bids made on the real estate prior to the postponement or cancellation of the sale shall be void.

(D)(1) If the judgment creditor obtains a court order to have the real estate sold by a private selling officer, then:

(a) ~~The~~ Except as otherwise provided in division (B)(5) of section 2329.17 of the Revised Code, the cost of the ~~appraisal~~ appraisals required by that section ~~2329.17 of the Revised Code~~ shall be taxed as costs in the case.

(b) The cost of the advertisement in a newspaper of general circulation as required by section 2329.26 of the Revised Code shall be taxed as costs in the case.

(c) The fee charged by the private selling officer and all costs incurred by the private selling officer other than the costs described in divisions (D)(1)(a) and (b) of this section shall be taxed as costs in the case up to an amount equal to one and one-half per cent of the sale price of the real estate. To the extent the fees and costs described in division (D)(1)(c) of this section exceed one and one-half per cent of the sale price of the real estate, they shall not be included in the amount necessary to redeem real estate under section 2329.33 of the Revised Code or in the calculation of any deficiency judgment under section 2329.08 of the Revised Code ~~but rather~~. Rather, the fees and costs shall be paid by the buyer of the property, the judgment creditor, or from the judgment creditor's portion of the proceeds of the sale in an amount not exceeding ten per cent of the sale price of the real estate.

(2) The private selling officer shall file with the court that issued the order of sale an itemized report of all appraisal, publication, marketing, and other expenses of a sale conducted under this section and all fees charged by the private selling officer for marketing the real estate or conducting the sale of the real estate, including the fee charged by the title agent or title insurance company for administrative services, if applicable, and title, escrow, and closing services. Each filing of such itemized report shall be deemed to meet the writ of execution requirement in section 2329.28 of the Revised Code.

(E)(1) The private selling officer who conducts a sale under this section may do any of the following:

(a) Market the real estate and conduct the public auction of the real estate online or at any physical location in the county in which the real estate is situated. If the auction occurs online, the auction shall be open for bidding for a minimum of ~~seven~~ three calendar days, counted by excluding the day the auction is first open for bidding and, notwithstanding section 1.14 of the Revised Code, including all subsequent days. The online auction shall be conducted in a manner so that all bids are publicly displayed upon entry by the bidder throughout the bidding period described in division (E)(1)(a) of this section.

(b) Hire a title insurance agent licensed under Chapter 3953. of the Revised Code or title insurance company authorized to do business under that chapter to assist the private selling officer in performing administrative services;

(d) Record on behalf of the purchaser the deed conveying title to the real estate sold, notwithstanding that the deed may not actually have been delivered to the purchaser prior to its recording.

(2) By placing a bid at a sale conducted pursuant to this section, a purchaser appoints the private selling officer who conducts the sale as agent of the purchaser for the sole purpose of accepting delivery of the deed.

(3) The private selling officer who conducts the sale shall hire a title insurance agent licensed under Chapter 3953. of the Revised Code or title insurance company authorized to do business under that chapter to perform title, escrow, and closing services related to the sale of the real estate.

(F) The fee charged by the title agent or title insurance company for services provided under divisions (E)(1)(b) and (3) of this section shall be taxed as costs in the case provided they are reasonable. Fees less than or equal to five hundred dollars are presumed to be reasonable. Fees exceeding five hundred dollars shall be paid only if authorized by a court order.

Sec. 2329.153. (A) Not later than ninety days after ~~the effective date of this section~~ September 28, 2016, the department of administrative services shall solicit competitive sealed proposals for the creation, operation, and maintenance of the official public sheriff sale web site and an integrated auction management system. The official public sheriff sale web site and integrated auction management system shall be a single statewide system for use by all county sheriffs in accordance with the requirements of this section.

(B) The official public sheriff sale web site shall meet the following minimum requirements:

(1) The web site shall have a domain name relevant to the judicial sale of real property.

(2) The web site shall be limited to the judicial sale of real property located in this state.

(3) The web site shall not charge a fee for members of the public to view properties for sale.

(4) The web site shall allow each county sheriff to add text, images, or graphics to the web site for the purpose of identifying the county or sheriff conducting the sale.

(5) The web site shall include industry-standard features and functionality, including user guides, online financial transaction device payments, anti-snipe functionality, watch lists, electronic mail notifications, maximum bid limits, automatic incremental bidding, and search and map features that allow users to search by county, zip code, address, parcel number, appraised value, party name, case number, and other variables relevant to the judicial sale of real property. As used in this section, "financial transaction device" has the same meaning as in section 301.28 of the Revised Code.

(6) The web site shall include features that allow for the cancellation of sales as required by law or court order and the postponement of sales in accordance with divisions (E)(2) and (3) of this section.

(7) The web site shall provide a secure payment processing system that accepts online payments for property sold via the web site and, in an efficient and cost-effective manner, transfers those payments to the appropriate county official or account.

(8) The web site shall include the ability for an attorney or law firm to enter a bid in a representative capacity.

(9) The web site shall be integrated with the auction management system described in division (C) of this section.

(1) The auction management system shall have a role-based workflow engine to assist in conducting sales on the web site, capturing data, complying with all relevant laws, and managing administrative processes related to the judicial sale of real property in a timely, secure, and accurate manner.

(2) The auction management system shall record the data necessary to meet the reporting requirements of section 2329.312 of the Revised Code.

(3) The auction management system shall be able to generate documents required by the court ordering the sale or related to the judicial sale of real property.

(4) The auction management system shall be able to record fees, costs, deposits, and other money items with the objective of ensuring an accurate accounting of moneys received and disbursed in each judicial sale of real property.

(5) The auction management system shall be integrated with the web site described in division (B) of this section.

(6) The auction management system shall conduct the sale in a manner so that all bids are publicly displayed upon entry by the bidder throughout the bidding period described in division (E)(1) of this section.

(D) The license fee for the creation, operation, and maintenance of the official public sheriff sale web site and integrated auction management system shall be determined using a per-transaction license fee model or a per-use license fee model. The addition of a property to the official public sheriff sale web site or the auction management system shall each be deemed a transaction for purposes of determining the license fee. The license fee applicable to each judicial sale of real property shall be taxed as costs in the case. No additional license fees shall be assessed to the county sheriff.

(E)(1) Not later than one year after ~~the effective date of this section~~ September 28, 2016, in all cases in which the sheriff is ordered to conduct a judicial sale of real property, the following shall occur:

(a) For residential property, the sale may be conducted on the official public sheriff sale web site for a five-year period beginning on the date the online system is fully operational. After this five-year period sales shall be conducted on the official public sheriff sale web site.

(b) For commercial property, the sale may be conducted on the official public sheriff sale web site.

All sales conducted on the official public sheriff sale web site shall be open for bidding for at least ~~seven~~ three days.

(2) If the sale of the real property is to be conducted on the official public sheriff sale web site, the judgment creditor may instruct the sheriff to postpone the sale of the real property one time for up to one hundred eighty days after the initial sale date. Upon receiving such instruction for postponement, the sheriff shall postpone the sale of the property by announcing on the official public sheriff sale web site that the sale is postponed and giving notice of the rescheduled sale date. This announcement shall be deemed to meet the notice requirement of section 2329.26 of the Revised Code.

(3) If the judgment creditor does not wish to postpone the sale of the real property, the judgment creditor may instruct the sheriff to cancel the sale of the property. Upon receiving this instruction, the sheriff shall cancel the sale of the property by announcing on the official public sheriff sale web site that the sale is canceled. This announcement shall remain posted on the official public sheriff sale web site until at least the end of the ~~seven-day~~ three-day bidding period described in division (E)(1) of this section.

(4) If the sale of the real property is postponed or canceled according to divisions (E)(2) and (3) of this section, all bids made on the real property prior to the postponement or cancellation of the sale shall be void.

(F) Pursuant to their authority in section 9.482 of the Revised Code, counties may elect to enter into a shared services agreement relating to the judicial sale of real property on the official public sheriff sale web site. The shared services agreement may seek to improve efficiency and reduce costs in the judicial sale of real property by consolidating administrative functions and processes.

Sec. 2329.17. (A) When execution is levied upon ~~lands and tenements~~ real property, the sheriff of the county where the property taken in execution is situated shall ~~call an inquest of~~ acquire appraisals from three disinterested freeholders, who are residents of, and real property owners in, the county where the ~~lands~~ property taken in execution ~~are~~ is situated, who shall appraise the property so levied upon, upon actual view.

(B) If the property to be appraised is residential property, all of the ~~freeholders~~ following apply:

(1) Each appraisal shall be exterior-only.

(2) Each appraisal shall be conducted by an individual who is licensed under either Chapter 4735. or 4763. of the Revised Code and is not the sheriff, the private selling officer, or a person affiliated with the sheriff or private selling officer.

(3) The cost of the appraisals shall not exceed an amount that the sheriff determines is reasonable and customary for such services.

(4)(a) The individuals selected ~~by the sheriff~~ to conduct the appraisal shall return to the sheriff an estimate of the value of the property ~~in money~~ within ~~twenty-one~~ fourteen calendar days of after the issuance of the order of appraisal by the clerk of the court.

(b) If ~~the court has ordered or the clerk of the court has issued an order for~~ a private selling officer ~~to advertise and sell the appraised~~ is responsible for the sale of the property, the ~~freeholders~~ individuals selected by the sheriff shall also deliver a an electronic copy of ~~their~~ the individuals' appraisal to the private selling officer contemporaneously with ~~their~~ the individuals' delivery of ~~their~~ the individuals' appraisal to the sheriff.

~~(C)~~ (5) If the ~~freeholders~~ individuals selected by the sheriff under ~~division (B) of~~ this section do not deliver ~~their appraisal~~ the appraisals within ~~twenty-one~~ fourteen calendar days of after the issuance of the order of appraisal by the clerk of the court ~~as required by division (B) of this section~~, then ~~all~~ both of the following ~~shall occur~~apply:

~~(1)~~ (a) The cost of the ~~appraisal~~ appraisals by the ~~freeholders~~ individuals shall not be ~~payable~~ paid to the ~~freeholders~~ individuals or taxed as costs in the case.

~~(2)~~(b) The appraised value of the property shall be the most recent appraised value of the property as shown on the records of the county auditor, unless, for good cause shown, the court authorizes a separate appraisal of the property.

~~(3) The advertisement and sale of the property shall proceed immediately in accordance with the order of advertisement and sale issued by the clerk of the court.~~

~~If a separate appraisal of the property is obtained, the cost of the appraisal shall be included as an expense of the sale pursuant to division (D) of section 2329.152 of the Revised Code.~~

~~(D)~~(C) If the property to be appraised is commercial property, the freeholders selected by the sheriff shall return to the sheriff an estimate of the value of the property in money in accordance with the timing or other requirements, if any, that may be established for the sale.

~~(E)~~ (D) The advertisement and sale of real property described in this section shall proceed immediately in accordance with the order of advertisement and sale issued by the clerk of the court.

(E) The municipal corporation or township in which the real property is situated may inspect prior to the judicial sale any structures located on ~~lands subject to a writ of execution~~ such real property.

Sec. 2329.18. (A) If a court has ordered or the clerk of a court has issued an order for the sheriff to advertise and sell the real estate ~~for which the appraised value has been determined pursuant to section 2329.17 of the Revised Code~~, the sheriff shall ~~deposit a copy of the appraisal with the clerk of the court from which the writ was issued, and~~ immediately advertise and sell ~~such~~ the real estate in conformity with sections 2329.01 to 2329.61 of the Revised Code.

(B) If the court has ordered or the clerk of the court has issued an order for a private selling officer to advertise and sell the real estate ~~for which the appraised value has been determined pursuant to section 2329.17 of the Revised Code~~, the private selling officer shall immediately advertise and sell the real estate in conformity with sections 2329.01 to 2329.61 of the Revised Code.

Sec. 2329.19. ~~Upon the determination of the appraised value pursuant to section 2329.17 of the Revised Code, if~~ If it appears that two-thirds of the appraised value, as established pursuant to section 2329.17 of the Revised Code, of the ~~lands and tenements~~ real property levied upon is sufficient to satisfy the execution, with costs, the judgment on which the execution issued shall not operate as a lien on the residue of the debtor's estate to the prejudice of any other judgment creditor.

Sec. 2329.20. Except as otherwise provided in this section or sections 2329.51 and 2329.52 of the Revised Code, no tract of land shall be sold for less than two-thirds the amount of the appraised value as ~~determined~~ established pursuant to section 2329.17 of the Revised Code. In all cases in which a junior mortgage or other junior lien is sought to be enforced against real estate by an order, judgment, or decree of court, subject to a prior lien thereon, and such prior lien, and the claims or obligations secured thereby, are unaffected by such order, judgment, or decree, the court making such order, judgment, or decree, may determine the minimum amount for which such real estate may be sold. In such a case, the minimum amount shall be not less than two-thirds of the difference between the appraised value of the real estate as ~~determined~~ established in that section, and the amount remaining unpaid on the claims or obligations secured by such prior lien.

Sec. 2329.211. (A)(1) In every action demanding the judicial or execution sale of residential property, if the judgment creditor is the purchaser at the sale, the purchaser shall not be required to make a sale deposit. All other purchasers shall make a sale deposit as follows:

(a) If the appraised value of the residential property is less than or equal to ten thousand dollars, the deposit shall be two thousand dollars.

(b) If the appraised value of the residential property is greater than ten thousand dollars but less than or equal to two hundred thousand dollars, the deposit shall be five thousand dollars.

(c) If the appraised value of the residential property is greater than two hundred thousand dollars, the deposit shall be ten thousand dollars.

(2) The timing of the deposit and other payment requirements shall be established by the court or the person conducting the sale and included in the advertisement of the sale. If the purchaser fails to meet the timing or other requirements of the deposit, the sale shall be invalid and the residential property may be brought to sale on ~~the provisional second sale~~ any subsequent start date, if any, described in division (B) of section 2329.52 of the Revised Code, and included in the notice required by division (A)(1)(a)(i) of section 2329.26 of the Revised Code.

(3) If the sale is held online, the deposit may be made by a financial transaction device as defined in section 301.28 of the Revised Code.

(B) In every action demanding the judicial or execution sale of commercial property, the purchaser at the sale shall make a deposit pursuant to the requirements, if any, established for the sale.

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

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

(i) Causes a written notice to be served in accordance with divisions (A) and (B) of Civil Rule 5 upon the judgment debtor and upon each other party to the action in which the judgment giving rise to the execution was rendered. Such notice shall include the start date, time, and place of the sale if the sale is to be held at a physical location or the start date and web site address of the sale if the sale is to be held online. Such notice shall also include ~~the provisional second sale~~ any subsequent start date described in division (B) of section 2329.52 of the Revised Code, if applicable.

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

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

(2) One of the following applies:

(a) The officer taking the lands and tenements gives public notice once a week for at least three consecutive weeks before the ~~day of~~ sale ~~if the sale is to be held at a physical location or the start date of the sale if the sale is to be conducted online~~date. The last date of publication shall be four or more calendar days prior to the sale date.

~~Such~~ Except as otherwise provided in division (C) of this section, the first such notice, occurring at least three weeks before the sale date, shall be by advertisement in a newspaper of general circulation in the county. The newspaper shall meet the requirements of section 7.12 of the Revised Code. The court ordering the sale may designate in the order of sale the newspaper in which this public notice shall be published.

Subsequent notices required by division (A)(2)(a) of this section may be made on the web site of the officer conducting the sale, a web site maintained by the officer for that purpose, or, at the sole discretion of the officer, in a newspaper of general circulation in the county.

The ~~notice~~ notices shall include all the following information:

(i) The date, time, and place of the sale if the sale is to be held at a physical location;

(ii) The start date, the minimum duration, and web site address of the sale if the sale is to be held online;

(iii) The deposit required by section 2329.211 of the Revised Code;

(iv) That the purchaser shall be responsible for those costs, allowances, and taxes that the proceeds of the sale are insufficient to cover;

(v) ~~The~~ Information meeting the requirements of division (A)(2)(a)(i) or (ii) of this section, as applicable to where the sale is to be held, for any subsequent provisional ~~second~~ sale date described in division (B) of section 2329.52 of the Revised Code, if applicable; provided, however, that no sale shall be invalid, nor shall the court vacate any sale, if the notice described in division (A)(1)(a)(i) of this section or the public notice described in division (A)(2) of this section fails to include the provisional sale date for a ~~second~~ subsequent sale of the property and the property is sold on the initial sale date.

(vi) The notices required by division (A)(2) of this section need not include a description of the property in metes and bounds.

(b) If Except as provided in division (B) of this section, if a private selling officer has been ordered to sell the lands and tenements, the private selling officer shall give the public notice described in division (A)(2)(a) of this section in the newspaper designated by the court. If the court has not designated a newspaper, the private selling officer shall give this public notice in the newspaper customarily used or designated by the county sheriff, except that the online notices required by that division may be posted to the private selling officer's web site, or a web site maintained by the private selling officer for those purposes, rather than the sheriff's web site, or a web site maintained by the sheriff for those purposes. No sale that otherwise complies with division (A)(2) of this section shall be invalid.

(B) Any officer taking lands and tenements in execution that are advertised and offered for sale but unsold for want of bidders may advertise any subsequent sale in any method the officer finds suitable, which may include online advertisement instead of print. Any such advertisement of a subsequent sale shall be deemed to meet the notice requirement in division (A) of this section.

(C)(1) A sheriff or private selling officer shall not charge or include as an expense of the sale any amount for publishing notice on the sheriff's or private selling officer's web site or a web site maintained by the sheriff or private selling officer for those purposes.

(2) If the court ordering the sale designates the newspaper in which the public notice is to be published, and the sheriff or private selling officer is unable to publish notice in that newspaper, then the sheriff or private selling officer may publish notice in another newspaper of general circulation in the county.

(3) If the sheriff or private selling officer, despite reasonable efforts, is unable to find a newspaper of general circulation in the county that will publish notice of the sale, subject to division (C)(1) of this section, the sheriff or private selling officer may instead publish notice of the sale on a sheriff's or private selling officer's web site, or a web site maintained by the sheriff or private selling officer for those purposes.

(D) The sheriff or private selling officer taking the lands and tenements shall collect the purchaser's information required by section 2329.271 of the Revised Code.

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

Sec. 2329.27. (A) When the public notice required by division (A)(2) of section 2329.26 of the Revised Code is made in a newspaper published weekly, it is sufficient to insert it for three consecutive weeks. If both a daily and weekly edition of the paper are published and the circulation of the daily in the county exceeds that of the weekly in the county, or if the lands and tenements taken in execution are situated in a city, both a daily and weekly edition of the paper are published, and the circulation of the daily in that city exceeds the circulation of the weekly in that city, it is sufficient to publish the public notice in the daily once a week for three consecutive weeks before the day of sale, each insertion to be on the same day of the week. The expense of that publication in a daily shall not exceed the cost of publishing it in a weekly.

~~(B)(1) Subject~~ Except as provided in division (B) of section 2329.26 of the Revised Code and subject to divisions ~~(B)(2)~~ (B) and ~~(3)~~ (C) of this section, all sales of lands and tenements taken in execution that are made without compliance with the written notice requirements of division (A)(1)(a) of section 2329.26 of the Revised Code, the public notice requirements of division (A)(2) of that section, and the notice requirements of section 2329.261 of the Revised Code, the purchaser information requirements of section 2329.271 of the Revised Code~~, and division (A) of this section~~ shall be set aside, on motion by any interested party, by the court to which the execution is returnable.

~~(2)~~ (B) Proof of service endorsed upon a copy of the written notice required by division (A)(1)(a) of section 2329.26 of the Revised Code shall be conclusive evidence of the service of the written notice in compliance with the requirements of that division, unless a party files a motion to set aside the sale of the lands and tenements pursuant to division ~~(B)(1)~~ (A) of this section and establishes by a preponderance of the evidence that the proof of service is fraudulent.

~~(3)~~ (C) If the court to which the execution is returnable enters its order confirming the sale of the lands and tenements, the order shall have both of the following effects:

~~(a)~~ (1) The order shall be deemed to constitute a judicial finding as follows:

~~(i)~~ (a) That the sale of the lands and tenements complied with the written notice requirements of division (A)(1)(a) of section 2329.26 of the Revised Code and the public notice requirements of division (A)(2) of that section, and section 2329.261 of the Revised Code, ~~and division (A) of this section,~~ or that compliance of that nature did not occur but the failure to give a written notice to a party entitled to notice under division (A)(1)(a) of section 2329.26 of the Revised Code has not prejudiced that party;

~~(ii)~~ (b) That all parties entitled to notice under division (A)(1)(a) of section 2329.26 of the Revised Code received adequate notice of the date, time, and place of the sale of the lands and tenements;

~~(iii)~~ (c) That the purchaser has submitted the contact information required by section 2329.271 of the Revised Code.

~~(b)~~ (2) The order bars the filing of any further motions to set aside the sale of the lands and tenements.

Sec. 2329.312. (A) All levying 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) of section 2329.17,~~ and sections 2329.30 and 2329.31 of the Revised Code are met.

(B) The attorney general shall make the information included in the reports described in division (A) of this section publicly available.

Sec. 2329.52. (A) Except as otherwise provided in division (B) of this section, when premises are ordered to be sold, if said premises, or a part thereof, remain unsold for want of bidders after having been once appraised, 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 of sale, and the remaining one third in eighteen months from the day of sale, the deferred payments to draw interest at six per cent and be secured by a mortgage on the premises.

(B)(1) When a residential property is ordered to be sold pursuant to a residential mortgage loan foreclosure action, if the property remains unsold after the first auction, then a ~~second~~ subsequent auction shall be held and the property shall be sold to the highest bidder without regard to the minimum bid requirement in section 2329.20 of the Revised Code, but subject to section 2329.21 of the Revised Code relating to costs, allowances, and real estate taxes, or disposed of in any other manner pursuant to this chapter or any other provision of the Revised Code. ~~This second~~ Any subsequent auction shall be held not earlier than ~~seven~~ three days and not later than thirty days after the ~~first~~ previous auction sale date. A residential property that remains unsold after two auctions may be subsequently offered for sale without regard to the minimum bid requirement in section 2329.20 of the Revised Code, but subject to section 2329.21 of the Revised Code relating to costs, allowances, and real estate taxes, or disposed of in any other manner pursuant to this chapter or any other provision of the Revised Code.

(2) For purposes of division (B)(1) of this section, the first day an online auction is open for bidding shall be considered the start date ~~of the auction~~.

Sec. 5721.10. Except as otherwise provided under section 2127.38 or 5301.93, or sections 5721.30 to 5721.43 of the Revised Code, the state shall have the first lien on the lands and lots described in the delinquent land list, for the amount of taxes, assessments, interest, and penalty charged prior to the delivery of such list. If the taxes have not been paid for one year after having been certified as delinquent, the state shall institute foreclosure proceedings in the manner provided by section 323.25, sections 323.65 to 323.79, or sections 5721.01 to 5721.28 of the Revised Code, unless a tax certificate respecting that property has been sold or assigned under section 5721.32 or 5721.33 of the Revised Code, or unless such taxes are the subject of a valid delinquent tax contract under section 323.31 of the Revised Code for which the county treasurer has not made certification to the county auditor that the delinquent tax contract has become void. The court shall levy, as costs in the foreclosure proceedings instituted on the certification of delinquency, the cost of an abstract or certificate of title to the property described in the certification, if it is required by the court, to be paid into the general fund of the county. Sections 5721.01 to 5721.28 of the Revised Code do not prevent the partial payment of such delinquent taxes, assessments, interest, and penalty during the period the delinquency is being discharged in accordance with a delinquent tax contract under section 323.31 of the Revised Code, but the partial payments may be made and received as provided by law without prejudice to the right of the state to institute foreclosure proceedings for any amount then remaining unpaid, if the county treasurer certifies to the county auditor that the delinquent tax contract has become void.

Section 2. That existing sections 2127.38, 2329.01, 2329.151, 2329.152, 2329.153, 2329.17, 2329.18, 2329.19, 2329.20, 2329.211, 2329.26, 2329.27, 2329.312, 2329.52, and 5721.10 of the Revised Code are hereby repealed.