(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 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 date described in division (B) of section 2329.52 of the Revised Code, if applicable.
(ii) At least seven calendar days prior to the 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.
Such notice 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.
The notice 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 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 date for a second sale of the property and the property is sold on the initial sale date.
(b) 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. No sale that otherwise complies with division (A)(2) of this section shall be invalid.
(B) The officer taking the lands and tenements shall collect the purchaser's information required by section 2329.271 of the Revised Code.
(C) 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.
Notes of Decisions
Cited in 33
cases (3 in the last 5 years), 1987–2024 · leading case: Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012).
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012). · cites it 38ד27(B)(1) states as follows: Subject to divisions (B)(2) and (3) 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 [and] the…”
Huntington Nat'l Bank v. Motel 4 BAPS, Inc., 944 N.E.2d 1210 (Ohio Ct. App. 2010). · cites it 7דOn March 12, 2010, Motel 4 filed a motion to stay the receiver’s auction, claiming that the receiver had failed to provide Motel 4 notice of the sale as required by R.C. 2329.26 and that the sale constructively cut off Motel 4’s redemption rights.”
Freedom Mtge. Corp. v. Milhoan, 2014 Ohio 881 (Ohio Ct. App. 2014). · cites it 18ד” {¶17} “The Trial Court erred in vacating the original Sheriff Sale and denying Appellant’s Motion to Intervene on basis of failure of Plaintiff/Appellee to file a notice under R.C. 2329.26.” THE STATUTES {¶18} Within thirty days of the sheriff’s return of a writ of execution…”
Sky Bank v. Mamone, 912 N.E.2d 668 (Ohio Ct. App. 2009). · cites it 4ד{¶ 20} “(a) The order shall be deemed to constitute a judicial finding * * *: {¶ 21} “(i) That the sale * * * complied with * * * written notice requirements of division (A)(1)(a) of section 2329.26 * * *; {¶ 22} “(ii) That all parties entitled to notice under division (A)(1)(a)…”
Beneficial Ohio, Inc. v. Primero, L.L.C., 851 N.E.2d 510 (Ohio Ct. App. 2006). · cites it 4ד(“MERS”), failed to notify Beneficial of the date, time, and place of the sale under R.C. 2329.26(A), we reverse the judgment of the trial court confirming the sale of the property and remand this cause for further proceedings.”
State ex rel. Sponaugle v. Hein (Slip Opinion), 2018 Ohio 3155 (Ohio 2018). “" The requirements of those sections include, for example, public notice *1095 prior to a sale ( R.C. 2329.26 and 2329.27 ), a minimum sale price of two-thirds the amount of the appraised value ( R.”
Cent. Trust Co., N.A. v. Spencer, 535 N.E.2d 347 (Ohio Ct. App. 1987). · cites it 4דR.C. 2329.26 and 2329.27. 1 After the sale Sawyer moved to vacate the sale due to his lack of notice stating, by way of affidavit, that he was ready, willing and able to purchase one of the properties for more than it had sold at the sheriffs sale.”
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2804 (Ohio Ct. App. 2012). · cites it 2דThe same day, Rankin filed a motion to vacate the sheriff's sale for alleged non-compliance with the notice requirements in R.C. 2329.26(A)(1). On April 8, 2011, the trial court entered a Confirmation Entry of Sale and Distribution of Proceeds ("Confirmation Entry"), and, on…”
State ex rel. Daily Reporter v. Court of Common Pleas, 565 N.E.2d 536 (Ohio 1990). · cites it 4דR.C. 2329.26 provides: “Land and tenements taken in execution shall not be sold until the officer taking them gives public notice of the time and place of sale, for at least thirty days before the day of sale, by advertisement in a newspaper published in and of general…”
Ohio Sav. Bank v. Ambrose, 563 N.E.2d 1388 (Ohio 1990). “R.C. 2329.26. The land cannot be sold for less than two thirds of the appraised value.”
Washington Mut. Bank v. Gattis, 2013 Ohio 2219 (Ohio Ct. App. 2013). · cites it 9דPlaintiff has failed to comply with the requirements of R.C. §2329.26, Rule 5 of the Ohio Rules of Civil Procedure, and Rule 11 of the Ohio Rules of Civil Procedure.”
State ex rel. Midwest Pride IV, Inc. v. Pontious, 1996 Ohio 459 (Ohio 1996). “Notice of the sale was published pursuant to R.C. 2329.26 and 2329.27. M.P. bid $65,000, or more than two-thirds of the appraised value of the property that R.”
Beneficial Ohio, Inc. v. Primero, L.L.C., 851 N.E.2d 510 (Ohio Ct. App. 2006). “(“MERS”), failed to notify Beneficial of the date, time, and place of the sale under R.C. 2329.26(A), we reverse the judgment of the trial court confirming the sale of the property and remand this cause for further proceedings.”
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2804 (Ohio Ct. App. 2012). “The same day, Rankin filed a motion to vacate the sheriff's sale for alleged non-compliance with the notice requirements in R.C. 2329.26(A)(1). On April 8, 2011, the trial court entered a Confirmation Entry of Sale and Distribution of Proceeds ("Confirmation Entry"), and, on…”
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012). “27(B)(1) states as follows: Subject to divisions (B)(2) and (3) 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 [and] the…”
Ohio Rev. Code § 2329.26(A)(1)(a): 9 cases
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012). “27(B)(1) states as follows: Subject to divisions (B)(2) and (3) 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 [and] the…”
Freedom Mtge. Corp. v. Milhoan, 2014 Ohio 881 (Ohio Ct. App. 2014). “” {¶17} “The Trial Court erred in vacating the original Sheriff Sale and denying Appellant’s Motion to Intervene on basis of failure of Plaintiff/Appellee to file a notice under R.C. 2329.26.” THE STATUTES {¶18} Within thirty days of the sheriff’s return of a writ of execution…”
Beneficial Ohio, Inc. v. Primero, L.L.C., 851 N.E.2d 510 (Ohio Ct. App. 2006). “(“MERS”), failed to notify Beneficial of the date, time, and place of the sale under R.C. 2329.26(A), we reverse the judgment of the trial court confirming the sale of the property and remand this cause for further proceedings.”
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012). “27(B)(1) states as follows: Subject to divisions (B)(2) and (3) 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 [and] the…”
Freedom Mtge. Corp. v. Milhoan, 2014 Ohio 881 (Ohio Ct. App. 2014). “” {¶17} “The Trial Court erred in vacating the original Sheriff Sale and denying Appellant’s Motion to Intervene on basis of failure of Plaintiff/Appellee to file a notice under R.C. 2329.26.” THE STATUTES {¶18} Within thirty days of the sheriff’s return of a writ of execution…”
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012). “27(B)(1) states as follows: Subject to divisions (B)(2) and (3) 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 [and] the…”
Freedom Mtge. Corp. v. Milhoan, 2014 Ohio 881 (Ohio Ct. App. 2014). “” {¶17} “The Trial Court erred in vacating the original Sheriff Sale and denying Appellant’s Motion to Intervene on basis of failure of Plaintiff/Appellee to file a notice under R.C. 2329.26.” THE STATUTES {¶18} Within thirty days of the sheriff’s return of a writ of execution…”
Freedom Mtge. Corp. v. Milhoan, 2014 Ohio 881 (Ohio Ct. App. 2014). “” {¶17} “The Trial Court erred in vacating the original Sheriff Sale and denying Appellant’s Motion to Intervene on basis of failure of Plaintiff/Appellee to file a notice under R.C. 2329.26.” THE STATUTES {¶18} Within thirty days of the sheriff’s return of a writ of execution…”
Washington Mut. Bank v. Gattis, 2013 Ohio 2219 (Ohio Ct. App. 2013). “Plaintiff has failed to comply with the requirements of R.C. §2329.26, Rule 5 of the Ohio Rules of Civil Procedure, and Rule 11 of the Ohio Rules of Civil Procedure.”
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012). “27(B)(1) states as follows: Subject to divisions (B)(2) and (3) 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 [and] the…”
Beneficial Ohio, Inc. v. Primero, L.L.C., 851 N.E.2d 510 (Ohio Ct. App. 2006). “(“MERS”), failed to notify Beneficial of the date, time, and place of the sale under R.C. 2329.26(A), we reverse the judgment of the trial court confirming the sale of the property and remand this cause for further proceedings.”
Ohio Rev. Code § 2329.26(B): 3 cases
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012). “27(B)(1) states as follows: Subject to divisions (B)(2) and (3) 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 [and] the…”
Freedom Mtge. Corp. v. Milhoan, 2014 Ohio 881 (Ohio Ct. App. 2014). “” {¶17} “The Trial Court erred in vacating the original Sheriff Sale and denying Appellant’s Motion to Intervene on basis of failure of Plaintiff/Appellee to file a notice under R.C. 2329.26.” THE STATUTES {¶18} Within thirty days of the sheriff’s return of a writ of execution…”
Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2806 (Ohio Ct. App. 2012). “27(B)(1) states as follows: Subject to divisions (B)(2) and (3) 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 [and] the…”
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