Rule 2.23.4 – Expedited Foreclosure Actions – Vacant and Abandoned Residential Property

A. MOTION FOR EXPEDITED FORECLOSURE:
1. A mortgagee who files a foreclosure action on a residential property may file a motion
with the Court to proceed in an expedited manner where the property is vacant and
abandoned.
a. The mortgagee must be a person entitled to enforce the instrument secured by the
mortgage pursuant to §§ 1303.31(A)(1) or (2) of the Revised Code, or a person with
the right to enforce the obligation secured by the mortgage.
2. Timing of Court’s decision on motion:
a. If the motion is filed before the last answer period has expired, the Court shall
decide the motion within 21 days after the last answer period has expired.
b. If the motion is filed after the last answer period has expired, the Court shall decide
the motion within 21 days after the filing of the motion.
3. In its motion, the mortgagee must list all applicable factors of R.C. 2308.02(C).
4. If the court makes a preliminary finding that the residential real property is vacant and
abandoned, but a government official has not verified the real property is vacant and
abandoned, within 7 days of the preliminary finding, the court shall order the
appropriate official of a county, municipal corporation, or township in which the
property is located to verify the property is vacant and abandoned.
a. Court costs assessed in connection with this Court ordered inspection must not
exceed $50.00.