Ohio Revised Code

Ohio Rev. Code § 2329.61 (2026)

Order of sale issued in case not on trial docket

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

If an order of sale is issued in a case not on the trial docket, the clerk of the court of common pleas shall enter it on the execution docket and enter the subsequent proceedings in pursuance thereof in the manner that executions and proceedings thereon are entered. When a sale of real estate is made under such order, it shall be confirmed as are sales on executions. After the sale, the officer shall be governed by the law relating to sales on execution.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1995–2024 · leading case: Farmers State Bank v. Sponaugle, 2017-Ohio-4322, 92 N.E.3d 355.
Sort: Relevance Newest Treatment
Farmers State Bank v. Sponaugle, 2017-Ohio-4322, 92 N.E.3d 355. · cites it 2× “” Nichpor at ¶ 6 , quoting Triple F Invests. v. Pacific Fin. Serv., Inc., 11th Dist.”
Fed. Nat'l Mortg. Ass'n v. Day, 815 N.E.2d 730 (Ohio Ct. App. 2d Dist. 2004). “01 through R.C. 2329.61. This includes issues like whether the public-notice requirements in R.”
Fifth Third Bank v. Dayton Lodge Ltd. Liab. Co., 2012-Ohio-3387. “01 through R.C. 2329.61. This includes issues such as whether the public-notice requirements in R.”
U.S. Natl. Bank Assn. v. Conrad, 2018-Ohio-994, 108 N.E.3d 1156. “01 to R.C. 2329.61. R.C. 2329.31 ; Burch at ¶ 15 ; see CitiMortgage, Inc.”
Huntington Nat'l Bank v. Burch, 809 N.E.2d 55 (Ohio Ct. App. 2d Dist. 2004). “01 to R.C. 2329.61, we conclude that the sheriffs appraisers failed to appraise the property in conformity with R.”
Fifth Third Bank, Natl. Assn. v. Audia, 2024-Ohio-3374, 252 N.E.3d 571. “2024-P-0014, 2024-P-0016 by the mortgagee for inspections, appraisals, property protection, and maintenance. Generally, after a sale has been confirmed, the sale will only be set aside if the sale was not conducted in accordance with R.”
Rak-Ree Enter., Inc. v. Timmons, 654 N.E.2d 1310 (Ohio Ct. App. 4th Dist. 1995). “01 through R.C. 2329.61: *18 “Upon the return of any writ of execution for the satisfaction of which lands and tenements have been sold, on careful examination of the proceedings of the officer making the sale, if the court of common pleas finds that the sale was made, in all…”
Huntington Natl. Bank v. Patino, 2015-Ohio-4007. “Patino argues that the trial court incorrectly confirmed the sheriff’s sale.”
JPMorgan Chase Bank v. Clark, 2017-Ohio-7765. “01 through R.C. 2329.61. See R.C. 2329.31. [A]ll parties to the action or their counsel of record, whether they have appeared in the action or not, shall be served with a copy of the sheriff sale advertisement no later than two weeks prior to a sale scheduled thereon, and shall…”
Aurora Loan Servs., LLC v. Phillips, 2011-Ohio-2954. “19331, 2003-Ohio-462 , at paragraph 12. A trial court’s task in determining whether to confirm a sheriff’s sale is to review the sale and ensure it was conducted in accord with R.”
BAC Home Loans Servicing, L.P. v. Hodous, 2015-Ohio-5458. “60(B) could be used as a substitute for an appeal, appellant’s motion to vacate would still lack merit. An appellate court’s review of a judgment confirming a foreclosure sale is limited to determining whether the sale was 7 conducted in accordance with the law as set forth in R.”
JP Morgan Chase Bank v. Ritchey, 2018-Ohio-1887. “{¶17} Next, the Ritcheys argue that the trial court failed to comply with R.C. 2329.61’s requirement to ensure the foreclosure sale conforms with statutory 4 procedures and that the entry of confirmation was “vague, insufficient, and otherwise invalid.”
Show all 14 citing cases →
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.