Ohio § 2308.02
Full text of Ohio Ohio Revised Code § 2308.02, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Ohio § 2308.02
What does Ohio Revised Code § 2308.02 cover?
Section 2308.02 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2308.02?
A common citation format is "Ohio Revised Code § 2308.02" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2308.02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.