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The Ohio Legislature introduced several bills between February 10 and February 17, 2009.
SB 53
SB 53 was introduced on 2/17/09 and referred to the Senate Committee on Reference that same day. SB 53 will require the Ohio Director of Commerce to establish a statewide residential foreclosure tracking system and prepare an annual report on residential foreclosure filings and sales in each county. The system will track and report the following information:
- The number of residential foreclosure filings made by mortgage holders;
- The number of residential properties for which a court of common pleas has confirmed a sale by a county sheriff pursuant to an order of sale;
- The type of each residential property reported under divisions (A)(1) and (2) of this section, to include single family homes (including manufactured and mobile homes), an individually owned unit in a condominium development, residential properties with two to four separate living units, and multifamily properties that contain more than four separate living units.
The director will utilize a unique tracking number that a clerk of courts assigns to a residential property at the time a mortgage holder files for a foreclosure action on that property. At the time of filing, the clerk must confirm that the foreclosure action is filed by a mortgage holder and is not a tax foreclosure filing, and record the type of residential property for which each filing is made.
The director will prepare an annual report of this information, which will be posted on the department of commerce web site. The report will include the number of foreclosure filings that mortgage holders have made for residential properties, the number of residential properties foreclosed by a mortgage holder for which a court confirmed a sale by the sheriff at auction, and the types of residential properties that are the subject of these foreclosure filings and sales. This information will be broken down by each county and for the State of Ohio as a whole.
When a mortgage holder files a foreclosure action on a residential property, before the filing is done, the clerk must record the information required under the residential foreclosure tracking system and assign a unique number to each such residential property in compliance with the tracking system.
Finally, the clerk of each court where a foreclosure filing is made or where a sale of a foreclosed home is confirmed must prepare and submit quarterly reports to the director of commerce. The clek's report must include the number of residential foreclosure filings made by mortgage holders, the number of sales of foreclosed residential properties the court has confirmed, and any other information the director requires for the tracking system. The clerk's report will only include residential properties foreclosed by mortgage holders.
For additional information, please click on the following link:
SB 53
Ohio HB 3
Ohio HB 3 was introduced by Representatives Foley and Driehaus on 2/17/09 and referred the same day to the House Committee on Housing and Urban Revitalization. HB 3 proposes to amend various, as yet unspecified sections of the Ohio Revised Code to address the current mortgage foreclosure crisis. This will likely contain provisions on a foreclosure moratorium and other mechanisms providing assistance to homeowners.
For additional information, please click on the following link:
Ohio SB 13
Ohio SB 13 was introduced on 2/10/2009 and on 2/12/2009 was referred to the Senate Judiciary and Civil Justice Committee.
This bill would amend various sections of the Ohio Revised Code to:
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require a clerk of courts to send a prescribed written notice of the foreclosure to the residents at the property address within (7) days after the Summons is issued
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require the Director of Commerce to prepare a publication to assist owners and tenants of foreclosed properties
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require clerks of courts to distribute that publication along with the Notice of Foreclosure
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require landlords to notify tenants when a property they own is foreclosed within (30) days after receiving a Summons with a Notice of Foreclosure and written notice of sale at least (21) days before the sale date
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This notice must include language notifying the tenant that the property is in foreclosure, instructing them to contact the Clerk of Courts for their county, with the name address and phone number of the Clerk, a sale by auction may occur due to the foreclosure and the time, date and place of sale if applicable, and that if a sale occurs, the current rental agreement will convert to a month-to-month rental agreement upon the sale of the property which can terminate with (30) days prior notice by either party
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allow tenants to terminate a rental agreement on a foreclosed property,
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provide for continuance of a rental agreement after a foreclosure sale, and
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provide civil remedies to a tenant whose landlord violates the bill's provisions. including the greater of actual damages or one month's rent plus the security deposit amount and reasonable attorney's fees, obtain injunctive relief to enforce the rental agreement, or both.
For additional information, please click on the following link:
Ohio SB 13
Ohio HB 9
Ohio SB 46 was introduced on 2/10/2009 and proposes to enact a new section of the Ohio Revised Code to require that notice of foreclosure and related sale of residential rental property be given to tenants at that property and to specify that a rental agreement for a residential property that is sold pursuant to a foreclosure action converts to a month-to-month rental agreement. It places an affirmative duty on the landlord to send a prescribed notice to the tenant if the landlord's property is being foreclosed upon. SB 13 and SB 9 appear to be comparable bills by different sponsors. It is anticipated that they are consolidated during the legislative process.
For additional information, please click on the following link:
Ohio HB 9
Ohio SB 46
Ohio SB 46 was introduced on 2/10/2009 and on 2/12/2009 was referred to the Senate Judiciary and Civil Justice Committee. This bill would enact a new section of the Ohio Revised Code to prohibit any person from requiring a tenant to vacate a foreclosed residential property any earlier than (90) ninety days following a court's confirmation of the sale of the property.
For additional information, please click on the following link:
Ohio SB 46
For a report on these bills from the Cleveland Plain Dealer, please click here.
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