Ohio § 2329.191

§ 2329.191.

(A) As used in this section, “title insurance company” has the same meaning as in section 3953.01 of the Revised Code . (B) In every action demanding the judicial sale of residential real estate consisting

of one to four single-family units, the party seeking that judicial sale shall file

with the clerk of the court of common pleas within fourteen days after filing the

pleadings requesting relief a preliminary judicial report on a form that is approved

by the department of insurance that is prepared and issued by a duly licensed title

insurance agent on behalf of a licensed title insurance company or by a title insurance

company that is authorized by the department of insurance to transact business in

this state.  The preliminary judicial report shall be effective within thirty days prior to the

filing of the complaint or other pleading requesting a judicial sale and shall include

at least all of the following: (1) A legal description of each parcel of real estate to be sold at the judicial sale; (2) The street address of the real estate or, if there is no street address, the name

of the street or road upon which the real estate fronts together with the names of

the streets or roads immediately to the north and south or east and west of the real

estate; (3) The county treasurer's permanent parcel number or other tax identification number

of the real estate; (4) The name of the owners of record of the real estate to be sold; (5) A reference to the volume and page or instrument number of the recording by which

the owners acquired title to the real estate; (6) A description of the record title to the real estate;  however, easements, restrictions,

setback lines, declarations, conditions, covenants, reservations, and rights-of-way

that were filed for record prior to the lien being foreclosed are not required to

be included; (7) The name and address of each lienholder and the name and address of each lienholder's

attorney, if any, as shown on the recorded lien of the lienholder. Prior to submitting any order or judgment entry to a court that would order the sale

of the residential real estate, the party submitting the order or judgment entry shall

file with the clerk of the court of common pleas a final judicial report that updates

the state of the record title to that real estate from the effective date of the preliminary

judicial report through the date of lis pendens and includes a copy of the court's

docket for the case.  The cost of the title examination necessary for the preparation of both the preliminary

judicial report and the final judicial report together with the premiums for those

reports computed as required by the department of insurance, based on the fair market

value of the real estate, or in the case of a foreclosure, the principal balance of

the mortgage or other lien being foreclosed on or any other additional amount as may

be ordered by the court shall be taxed as costs in the case. (C) In every action demanding the judicial sale of residential real estate consisting

of more than four single-family units or of commercial real estate, the party seeking

that judicial sale shall file with the clerk of the court of common pleas within fourteen

days after filing the pleadings requesting relief either a preliminary judicial report

or a commitment for an owner's fee policy of title insurance on the form approved

by the department of insurance that is prepared and issued by a duly licensed title

insurance agent on behalf of a licensed title insurance company.  Division (B) of this section applies if the party seeking the judicial sale files

a preliminary judicial report.  If the party seeking the judicial sale files a commitment for an owner's fee policy

of title insurance, the commitment shall have an effective date within fourteen days

prior to the filing of the complaint or other pleading requesting a judicial sale

and shall contain at least all of the information required in divisions (B)(1) to

(7) of this section.  The commitment shall cover each parcel of real estate to be sold, shall include

the amount of the successful bid at the judicial sale, shall show the purchaser at

the judicial sale as the proposed insured, and shall not expire until thirty days

after the recordation of the deed by the officer who makes the sale to that purchaser.  After the officer's return of the order of sale and prior to the confirmation of

the sale, the party requesting the order of sale shall cause an invoice for the cost

of the title insurance policy, commitment cost related expenses, and cancellation

fees, if any, to be filed with the clerk of the court of common pleas.  The amount of the invoice shall be taxed as costs in the case.  The purchaser at the judicial sale may, by paying the premium for the title insurance

policy, obtain the issuance of title insurance in accordance with the commitment.