Ohio § 2329.26

Full text of Ohio Ohio Revised Code § 2329.26, with citation guidance and answers to common questions.

§ 2329.26.

(A) Lands and tenements taken in execution shall not be sold until all of the following

occur: (1)(a) Except as otherwise provided in division (A)(1)(b) of this section, the judgment

creditor who seeks the sale of the lands and tenements or the judgment creditor's

attorney does both of the following: (i) Causes a written notice to be served in accordance with divisions (A) and (B) of Civil Rule 5 upon the judgment debtor and upon each other party to the action in which the judgment

giving rise to the execution was rendered.  Such notice shall include the date, time, and place of the sale if the sale is to

be held at a physical location or the start date and web site address of the sale

if the sale is to be held online.  Such notice shall also include the provisional second sale date described in division (B) of section 2329.52 of the Revised Code , if applicable. (ii) At least seven calendar days prior to the date of the sale, files with the clerk

of the court that rendered the judgment giving rise to the execution a copy of the

written notice described in division (A)(1)(a)(i) of this section with proof of service

endorsed on the copy in the form described in division (B) of Civil Rule 5 . (b) Service of the written notice described in division (A)(1)(a)(i) of this section

is not required to be made upon any party who is in default for failure to appear

in the action in which the judgment giving rise to the execution was rendered. (2) One of the following applies: (a) The officer taking the lands and tenements gives public notice once a week for at

least three consecutive weeks before the day of sale if the sale is to be held at

a physical location or the start date of the sale if the sale is to be conducted online. Such notice shall be by advertisement in a newspaper of general circulation in the

county.  The newspaper shall meet the requirements of section 7.12 of the Revised Code .  The court ordering the sale may designate in the order of sale the newspaper in

which this public notice shall be published. The notice shall include all the following information: (i) The date, time, and place of the sale if the sale is to be held at a physical location; (ii) The start date, the minimum duration, and web site address of the sale if the sale

is to be held online; (iii) The deposit required by section 2329.211 of the Revised Code ; (iv) That the purchaser shall be responsible for those costs, allowances, and taxes that

the proceeds of the sale are insufficient to cover; (v) The provisional second sale date described in division (B) of section 2329.52 of the Revised Code , if applicable;  provided, however, that no sale shall be invalid, nor shall the

court vacate any sale, if the notice described in division (A)(1)(a)(i) of this section

or the public notice described in division (A)(2) of this section fails to include

the provisional date for a second sale of the property and the property is sold on

the initial sale date. (b) If a private selling officer has been ordered to sell the lands and tenements, the

private selling officer shall give the public notice described in division (A)(2)(a)

of this section in the newspaper designated by the court.  If the court has not designated a newspaper, the private selling officer shall give

this public notice in the newspaper customarily used or designated by the county sheriff.  No sale that otherwise complies with division (A)(2) of this section shall be invalid. (B) The officer taking the lands and tenements shall collect the purchaser's information

required by section 2329.271 of the Revised Code . (C) A sale of lands and tenements taken in execution may be set aside in accordance with

division (A) or (B) of section 2329.27 of the Revised Code .

Frequently Asked Questions About Ohio § 2329.26

What does Ohio Revised Code § 2329.26 cover?

Section 2329.26 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 § 2329.26?

A common citation format is "Ohio Revised Code § 2329.26" (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 § 2329.26 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.