Rule 2.23.3 – Motion for Sale of Residential Property by Prosecuting Attorney
A. Procedure to Obtain Motion for Sale
A. PROCEDURE TO OBTAIN MOTION FOR SALE:
1. If residential real estate has not been sold or the sale is not underway within twelve (12)
months after the decree of foreclosure has been entered, pursuant to R.C. § 2329.071,
the following may occur:
a. The political subdivision in which the residential real estate is located may request,
by motion or other means, that the county Prosecuting Attorney file a motion with
the court for the sale of the property;
b. Upon receipt of such request, or by its own motion, the Prosecuting Attorney of may
file a motion with the Court for authorization to sell the property in the same
manner as if the Prosecuting Attorney were the attorney for the party in whose
favor the decree of foreclosure and order of sale was entered.
B. Motion for Sale of Property
B. MOTION FOR SALE OF PROPERTY:
1. The Prosecuting Attorney shall serve a copy of the motion on all parties who entered an
appearance in the foreclosure action in accordance with the Rules of Civil Procedure.
2. The Court shall decide the motion not sooner than 30 days after the filing of the motion.
3. The Court shall grant the motion for sale unless the Court finds good cause as to why
the property should not be sold.
4. If the motion is granted, the Prosecuting Attorney shall issue a praecipe for order of sale
and sell the property at the next available public auction with no set minimum bid and
in accordance with the terms of the order of sale and applicable provisions of the
Revised Code.
C. Redemption by Judgment Creditor
C. REDEMPTION BY JUDGMENT CREDITOR:
1. The judgment creditor has the right to redeem the property within 14 days after the
sale by paying the purchase price to the Clerk of Courts.
2. Upon timely payment by the judgment creditor, the Court shall proceed as described in
§§ 2329.31, with the judgment creditor considered the successful purchaser at sale.
