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OH HB610

Bill

Status

Engrossed

12/11/2012

Primary Sponsor

Danny Bubp

Click for details

Origin

House of Representatives

129th General Assembly (2011-2012)

AI Summary

  • Amends sections 2333.22, 2715.21, 2735.01, 2735.02, and 2735.04 of the Revised Code to clarify receiver powers and procedures in civil proceedings.

  • Establishes that a receiver's powers are set forth in the court's appointment order and may be modified by the court, with receivers authorized to bring and defend actions, take possession of property, receive rents, enter into contracts, make transfers, execute deeds, and open deposit accounts under court control.

  • Requires receivers seeking to sell real or personal property to file an application with the court, provide 10 days' notice to all owners and interested parties, and obtain court approval through an order of sale; allows the court to authorize sale of property free and clear of liens except tax liens.

  • Establishes redemption rights allowing property owners to redeem property before court confirmation of sale by paying the greater of the sale price plus 8% annual interest or the total amount of liens canceled, with a minimum 3-day redemption period.

  • Permits private sales, private or public auctions, and other sale methods upon court approval; restricts receivers to Ohio residents and prevents parties, attorneys, or interested persons from serving as receiver without all parties' written consent and consent of holders of recorded ownership interests or financial liens on the subject property.

Legislative Description

To add to and clarify the powers of a receiver and to provide a procedure for a receiver's sale of real property.

Receivers-add to & clarify powers/procedure for selling real property

Last Action

Passed 3rd Consideration House

12/11/2012

Full Bill Text

No bill text available