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OH HB292

Bill

Status

Passed

9/13/2010

Primary Sponsor

Karen Gillmor

Click for details

Origin

House of Representatives

128th General Assembly (2009-2010)

AI Summary

  • Restructures liquidation and conservatorship procedures for savings and loan associations and savings banks, replacing existing sections 1157.02-1157.29 and 1165.02-1165.29 with updated provisions defining conditions for superintendent takeover, receiver appointment, asset distribution priorities, and court jurisdiction.

  • Prohibits transfer fee covenants recorded on or after the effective date from running with title to real property or being enforceable against subsequent owners, and voids any liens securing such transfer fees.

  • Authorizes courts to order sales of real property in partition proceedings to be conducted by either a sheriff or a licensed auctioneer qualified under state law, with auctioneers receiving compensation and expense reimbursement as court-determined costs.

  • Clarifies administrative procedures for financial institution receiverships, including automatic stay provisions upon filing, claim procedures with 180-day filing deadlines, and distribution priorities favoring liquidation expenses, employee wages, deposits, and general liabilities.

  • Updates references throughout statute to reflect renumbered sections and modernizes language regarding financial institution regulatory authority, federal deposit insurance corporation involvement, and officer succession procedures.

Legislative Description

Relative to liquidations and conservatorships of banks, savings and loan associations, and savings banks, to prohibit transfer fee covenants in certain real estate transactions, and to enable a court of common pleas to order a licensed auctioneer to conduct a sale of real property pursuant to a writ of partition.

Real estate conveyances-prohibit transfer fees in certain cases

Last Action

Effective Date

9/13/2010

Full Bill Text

No bill text available