Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) As used in this section:
(1) "State lien" means a lien upon real estate, including lands and tenements, of persons indebted to the state for debt, taxes, or in any other manner recorded by a state agency in any office of the clerk of a county court or the county recorder.
(2) "State lienholder" means the department, agency, or other division of the state in whose name a state lien has been filed or recorded.
(B) In every action seeking the judicial sale of real estate that is subject to a state lien, all of the following apply:
(1) The party seeking a judicial sale shall include the state lienholder as a party defendant and shall serve that state lienholder with a copy of the preliminary judicial report or commitment for an owner's fee policy of title insurance filed in accordance with section 2329.191 of the Revised Code.
(2) A state lienholder shall not be made a party defendant if no state lien has been recorded against the owner of the real estate for which the judicial sale is sought.
(3) The appearance of the state lienholder shall be presumed for purposes of jurisdiction, and the court shall take judicial notice that the state has a lien against the real estate.
(4) A state lienholder may, but is not required to, file an answer to the complaint or any other pleading in the action if the amount, validity, or priority of the state lien is not identified in the pleadings as disputed and shall file an answer to the complaint or any other pleading in the action if the amount, validity, or priority of the state lien is identified in the pleadings as disputed. If a state lien is not identified as disputed, unless the state files an answer or other responsive pleading, the party seeking the judicial sale is not required to serve the state lienholder with any answer or subsequent pleadings in the action for judicial sale.
(5) As part of any order confirming the sale of the real estate that is subject to any undisputed state lien or distributing the proceeds of any judicial sale of real estate, the undisputed state lien shall be protected as if the state had appeared in the action and filed an answer asserting the validity of the state lien as recorded in the office of the clerk of the county court or the office of the county recorder.
(6) Any party asserting a dispute as to the amount, validity, or priority of the state lien or of any lien or other interest that has priority over the state lien shall serve the state lienholder and the attorney general with notice of the dispute, and the state lienholder shall be permitted to file a responsive pleading and participate in the proceedings as if the state lienholder had been served with a summons on the date the state lienholder received notice of the dispute.
(C) Upon the judicial sale of the real estate that is the subject of an action under division (B) of this section, the interest of any undisputed state lien shall transfer to the proceeds of the sale of the real estate, and the state lienholder shall be entitled to payment from the proceeds of the sale of the real estate in accordance with the state lienholder's priority as set forth in the final judicial report or commitment for an owner's fee policy of title insurance filed in accordance with section 2329.191 of the Revised Code.
Structure Ohio Revised Code
Title 23 | Courts-Common Pleas
Chapter 2329 | Execution Against Property
Section 2329.01 | Property Subject to Levy and Sale.
Section 2329.02 | Judgment Lien - Certificate of Judgment - Filing - Transfer.
Section 2329.021 | Foreign Judgment Defined.
Section 2329.022 | Filing and Status of Foreign Judgments.
Section 2329.023 | Notice of Filing.
Section 2329.026 | Optional Procedure.
Section 2329.027 | Uniformity of Interpretation.
Section 2329.03 | Lien Without Filing of Certificate.
Section 2329.05 | Judgment of Supreme Court.
Section 2329.06 | Lien of a Judgment When Action Removed to Supreme Court.
Section 2329.07 | Judgment May Become Dormant.
Section 2329.071 | Property Unsold Twelve Months After Decree.
Section 2329.08 | Limitation of Enforcement of Deficiency Judgment - Waiver - Pending Actions.
Section 2329.09 | Writ of Execution.
Section 2329.091 | Levying Officer to Execute Writ of Execution.
Section 2329.10 | Preference Between Writs of Execution.
Section 2329.11 | Order in Which Officer to Make Levy.
Section 2329.12 | Bond for Delivery of Goods and Chattels.
Section 2329.13 | Notice of Sale of Goods on Execution - Setting Aside or Confirmation of Sale.
Section 2329.14 | Execution Against Unsold Goods.
Section 2329.15 | Public and Private Sale of Goods on Execution.
Section 2329.151 | Conduct of Judicial Sale.
Section 2329.152 | Authorization of Private Selling Officer.
Section 2329.153 | Official Public Sheriff Sale Web Site; Integrated Auction Management System.
Section 2329.154 | Online Registration.
Section 2329.16 | Another Levy Allowed.
Section 2329.17 | Lands to Be Appraised.
Section 2329.18 | Copy of Appraisement to Be Left With Clerk.
Section 2329.19 | Extent of Lien of Judgment.
Section 2329.191 | Preliminary Judicial Report by Petitioner.
Section 2329.192 | State Lienholder as Party Defendant in Judicial Sale; Proceeds of Sale.
Section 2329.20 | Land Not to Be Sold for Less Than Two Thirds of Appraised Value.
Section 2329.21 | Purchaser to Add Enough to Pay Costs in Certain Cases.
Section 2329.211 | Sale Deposit.
Section 2329.22 | Rule as to Sale of Lands by State.
Section 2329.23 | Notices of Sale of Lands.
Section 2329.24 | Name of Township in Certain Cases.
Section 2329.25 | Property to Be Sold Without Valuation.
Section 2329.26 | Notice of Date, Time and Place of Sale.
Section 2329.27 | Public Notice Requirements - Setting Aside or Confirmation of Sale.
Section 2329.271 | Identifying Information Submitted by Purchaser.
Section 2329.272 | Open House of Property Prior to Sale.
Section 2329.28 | The Return of the Writ and Record Thereof.
Section 2329.29 | Disposition of Money Made Without Sale of Real Estate.
Section 2329.30 | Failure of Purchaser to Pay.
Section 2329.31 | Confirmation and Order for Deed.
Section 2329.311 | Sale of Property With No Minimum Bid; Right to Redeem.
Section 2329.312 | Reports by Levying Officers.
Section 2329.32 | Officer May Retain Purchase Money Until Sale Confirmed.
Section 2329.33 | Redemption by Judgment Debtor.
Section 2329.34 | Conveyance by Commissioner.
Section 2329.35 | Sheriff May Act for Master Commissioner.
Section 2329.36 | Deed of Sheriff, Master.
Section 2329.37 | Effect of Deed.
Section 2329.38 | Printer's Fee.
Section 2329.39 | Place of Sale.
Section 2329.40 | Alias Execution.
Section 2329.41 | Separate Levies Directed on Separate Tracts.
Section 2329.42 | Two or More Executions to Same Officer.
Section 2329.43 | Deeds for Lands Sold May Be Made by a Sheriff's Successor.
Section 2329.44 | Excess Payable to Debtor; Notice to Debtor.
Section 2329.45 | Reversal of Judgment.
Section 2329.46 | Remedy of Purchaser if Sale Invalid.
Section 2329.47 | Proceedings to Vacate Satisfaction of Judgment.
Section 2329.48 | Relief of Officer Who Levies Upon and Sells Wrong Property in Good Faith.
Section 2329.49 | Remedy When One of Cosureties Pays for Such Property.
Section 2329.50 | Supreme Court and Court of Appeals Judgments.
Section 2329.51 | New Appraisement.
Section 2329.52 | New Appraisement - Sale of Part - Terms of Sale.
Section 2329.53 | Return Day of Writ of Execution.
Section 2329.54 | Entry of Judgment Against Principal and Surety.
Section 2329.56 | Penalty for Neglecting to Serve as Appraiser.
Section 2329.57 | Execution Issued to Another County May Be Returned by Mail.
Section 2329.58 | Money Not to Be Forwarded by Mail.
Section 2329.59 | Entries on Execution Docket.
Section 2329.60 | Index to Execution Docket.
Section 2329.61 | Order of Sale Issued in Case Not on Trial Docket.
Section 2329.63 | Beneficiary Funds Exempt.
Section 2329.64 | Certain Property of Benevolent Societies Exempt.
Section 2329.65 | Property Kept to Put Out Fires Exempt.
Section 2329.66 | Exempted Interests and Rights.
Section 2329.661 | Certain Claims Not Exempted.
Section 2329.662 | Federal Exemption Not Authorized.
Section 2329.67 | Exemption Not Subject to Payment of Cost of Proceedings to Collect Debt.
Section 2329.68 | Appraisal of Exempted Property.
Section 2329.69 | Exemptions Apply to All Courts.
Section 2329.70 | Application for Appointment of Trustee.
Section 2329.71 | Participation by Secured Creditor in Trusteeship.
Section 2329.83 | Dower, Mansion House Rights Not Impaired.
Section 2329.84 | Goods Claimed by Third Parties.
Section 2329.85 | Trial of Right to Goods and Chattels.
Section 2329.86 | Finding of Judge.
Section 2329.90 | Uniform Foreign Country Money Judgments Recognition Act Definitions.
Section 2329.91 | Enforcement of Foreign Country Judgment.
Section 2329.92 | When Judgment Not Enforceable - Reciprocity.