Ohio § 2308.02

§ 2308.02.

(A) A mortgagee who files a foreclosure action on a residential property may file a motion

with the court to proceed in an expedited manner under this section on the basis that

the property is vacant and abandoned.  In order to proceed in an expedited manner, upon the filing of such motion, the

mortgagee must be a person entitled to enforce the instrument secured by the mortgage

under division (A)(1) or (2) of section 1303.31 of the Revised Code or a person with

the right to enforce the obligation secured by the mortgage pursuant to law outside

of Chapter 1303. of the Revised Code. (B) If a motion to proceed in an expedited manner is filed before the last answer period

has expired, the court shall decide the motion not later than twenty-one days, or

within the time consistent with the local rules, after the last answer period has

expired.  If a motion to proceed in an expedited manner is filed after the last answer period

has expired, the court shall decide the motion not later than twenty-one days, or

within the time consistent with local rules, after the motion is filed. (C) In deciding the motion to proceed in an expedited manner, the court shall hold an

oral hearing and deem the property to be vacant and abandoned if all of the following

apply: (1) The court finds by a preponderance of the evidence that the residential mortgage

loan is in monetary default. (2) The court finds by a preponderance of the evidence that the mortgagee is a person

entitled to enforce the instrument secured by the mortgage under division (A)(1) or

(2) of section 1303.31 of the Revised Code or a person with the right to enforce the

obligation secured by the mortgage pursuant to law outside of Chapter 1303. of the

Revised Code. (3) The court finds by clear and convincing evidence that at least three of the following

factors are true: (a) Gas, electric, sewer, or water utility services to the property have been disconnected. (b) Windows or entrances to the property are boarded up or closed off, or multiple window

panes are broken and unrepaired. (c) Doors on the property are smashed through, broken off, unhinged, or continuously

unlocked. (d) Junk, litter, trash, debris, or hazardous, noxious, or unhealthy substances or materials

have accumulated on the property. (e) Furnishings, window treatments, or personal items are absent from the structure on

the land. (f) The property is the object of vandalism, loitering, or criminal conduct, or there

has been physical destruction or deterioration of the property. (g) A mortgagor has made a written statement expressing the intention of all mortgagors

to abandon the property. (h) Neither an owner nor a tenant appears to be residing in the property at the time

of an inspection of the property by the appropriate official of a county, municipal

corporation, or township in which the property is located or by the mortgagee. (i) The appropriate official of a county, municipal corporation, or township in which

the property is located provides a written statement or statements indicating that

the structure on the land is vacant and abandoned. (j) The property is sealed because, immediately prior to being sealed, it was considered

by the appropriate official of a county, municipal corporation, or township in which

the property is located to be open, vacant, or vandalized. (k) Other reasonable indicia of abandonment exist. (4) No mortgagor or other defendant has filed an answer or objection setting forth a

defense or objection that, if proven, would preclude the entry of a final judgment

and decree of foreclosure. (5) No mortgagor or other defendant has filed a written statement with the court indicating

that the property is not vacant and abandoned. (6)(a) If a government official has not verified the real property is vacant and abandoned

pursuant to division (C)(3)(h), (i), or (j) of this section, but the court makes a

preliminary finding that the residential real property is vacant and abandoned pursuant

to division (C) of this section, then within seven 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. (b) Any court costs assessed in connection with the inspection conducted pursuant to

division (C)(6)(a) of this section shall not be more than fifty dollars. (D) If the court decides after an oral hearing that the property is vacant and abandoned

and that the mortgagee who filed the motion to proceed in an expedited manner is entitled

to judgment, the court shall enter a final judgment and decree of foreclosure and

order the property to be sold in accordance with division (E) of this section.  If the court does not decide that the property is vacant and abandoned, the seventy-five-day

deadline established in division (E) of this section shall not apply to the sale of

the property. (E) If the court decides that the property is vacant and abandoned and enters a final

judgment and decree of foreclosure under division (D) of this section, the property

shall be offered for sale not later than seventy-five days after the issuance of the

order of sale.  The sale of the property shall be conducted in accordance with the requirements

in Chapter 2329. of the Revised Code, including possible postponement of the sale

pursuant to division (C) of section 2329.152 of the Revised Code . (F) Nothing in this section shall supersede or limit other procedures adopted by the

court to resolve the residential mortgage loan foreclosure action, including foreclosure

mediation.