Rule 23 Judicial Certificate in Cases Involving Judicial Sales of Real Estate, except under O.R.C. 5721.18

23.01 Certificate or title examination required in initial pleading

The undersigned hereby certifies that an examination of the public records of Washington County, Ohio, covering the period _________ to __________, has been made to determine the ownership of subject real estate and all parties who may claim an interest therein, and that, in the opinion of the undersigned all such parties have been named as parties to this action, [stating as exceptions any interested party not so named.] NOTICE: THIS CERTIFICATE IS MADE TO SATISFY LOCAL COURT RULE AND IS NOT INTENDED TO BE, NOR SHOULD IT BE CONSIDERED TO BE, A CERTIFICATE OF TITLE TO THE PUBLIC OR ANY INDIVIDUAL.

23.02 Certificate of Title Update Required in Decree Ordering Sale

Any Decree issued that includes an order for the sale of real estate, except those filed under Ohio Revised Code Section 5721.18, shall contain the further certificate of the attorney or party requesting the same as follows: The undersigned hereby certifies that the examination of title to the subject real estate has been extended to __________ to determine if any parties have acquired any interest therein subsequent to said pervious examination and said examination discloses that, in the opinion of the undersigned, there are no such parties except parties to whom the doctrine of lis pendens applies, [also stating as further exceptions any such party not subject to lis pendens.] NOTICE: THIS CERTIFICATE IS MADE TO SATISFY LOCAL COURT RULE AND IS NOT INTENDED TO BE, NOR SHOULD IT BE CONSIDERED TO BE, A CERTIFICATE OF TITLE TO THE PUBLIC OR ANY INDIVIDUAL.

23.03 Purchaser has 30 days to examine title for defects not disclosed and to set aside sale

The Sheriff, deputy or party conducting the sale shall, prior thereto, announce that any purchaser shall have thirty days from the date of sale to obtain an examination of title to said real estate. Should such examination disclose the title so purchased in unmarketable by reason of any defect in the proceedings or the existence of any interest not disclosed in either of the certifications described above, no liability shall be predicated upon the certifications, but the purchaser may, within the thirty day period, notify the Court thereof by written motion, requesting that the sale be set aside. If the Court, upon hearing thereof finds the title to be unmarketable, the Court shall refuse to confirm the sale unless the Court further finds that the purchaser is the party who made the certification. The Court may, however, fix a reasonable time, not to exceed ninety days within which such defects may be correc5ed, in lieu of setting aside the sale.

23.04 Purchaser may waive thirty day period

A purchaser may waive any part or all of the thirty day period by signing the Confirmation Entry, but no confirmation entry not approved by the purchaser shall be filed until said period has expired. 23.05 Payment of Appraisers

Appraisers shall be paid in accordance with Policy 5 of these rules.

If property is withdrawn from sale by the party seeking foreclosure after the property has been appraised, the Sheriff shall certify to the Clerk the amount of the appraisal and the identity of the appraisers, if the return of the appraisers has not been filed. The Clerk shall demand from the party seeking the foreclosure sufficient funds to pay the appraiser in accordance with Policy 5. The party seeking the foreclosure shall immediately deposit with the Court the amount demanded. Upon receipt of the additional deposit, the Clerk shall immediately pay the appraisers fee from the additional sum so deposited. Additional deposits may also be required before any additional advertisement for sale to cover the cost of re-advertisement. The Court may in, its discretion, order that the costs of such additional advertisement be born by the party seeking the sale and not assessed to the person being foreclosed upon.

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