Ohio Rev. Code » Chapter 2329
Ohio Revised Code

Ohio Rev. Code § 2329.52 (2026)

New appraisement - sale of part - terms of sale

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
March 20, 2019
Latest Legislation:
House Bill 480 - 132nd General Assembly
PDF:
Download Authenticated PDF
 

(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 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. This second auction shall be held not earlier than seven days and not later than thirty days after the first auction. 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 date of the auction.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2014–2022 · leading case: Whipps v. Ryan, 2014 Ohio 5302 (Ohio Ct. App. 2014).
Sort: Relevance Newest Treatment
Whipps v. Ryan, 2014 Ohio 5302 (Ohio Ct. App. 2014). · cites it 4× “After the property failed to attract any bids at the sheriff's sale, DB Midwest filed a motion, pursuant to R.C. 2329.52, requesting that the court fix a minimum bid for the property at $400,000, which the trial court granted on January 27, 2010.”
JPMorgan Chase Bank v. Clark, 2017 Ohio 7765 (Ohio Ct. App. 2017). · cites it 2× “Such notice shall also include the provisional second sale date described in division (B) of section 2329.52 of the Revised Code, if applicable.”
Citizens Bank, N.A. v. Leek, 2018 Ohio 3427 (Ohio Ct. App. 2018). · cites it 12× “Division (B) of R.C. 2329.52 does not apply to first auctions but provides the second auction can proceed without regard to the minimum bid requirement (in the statute that does apply to first auctions) but subject to costs, allowances, and real estate taxes.”
Cuyahoga Cty. Treasurer v. Fitzgerald, 2022 Ohio 4386 (Ohio Ct. App. 2022). · cites it 2× “Such notice shall also include the provisional second sale date described in division (B) of section 2329.52 of the Revised Code, if applicable.”
Ohio Rev. Code § 2329.52(B): 1 case
Citizens Bank, N.A. v. Leek, 2018 Ohio 3427 (Ohio Ct. App. 2018). “Division (B) of R.C. 2329.52 does not apply to first auctions but provides the second auction can proceed without regard to the minimum bid requirement (in the statute that does apply to first auctions) but subject to costs, allowances, and real estate taxes.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.