Confirmation of Entry of Sale and Distribution of Proceeds
(Sale by Private Selling Officer) (Foreclosure) (OH)

Summary

This Confirmation of Entry of Sale and Distribution of Proceeds may be used in Ohio to confirm the sale of foreclosed property by a private selling officer. This template contains practical guidance and drafting notes. This template may be used in connection with the sale of foreclosed commercial or residential real property. In Ohio, most foreclosed property is sold by the county sheriff, but in some counties the plaintiff is permitted to instead use a private selling officer (PSO). See Ohio Rev. Code Ann. §2329.152. Following a PSO's sale of foreclosed property, the PSO issues a return on the order of sale to the court. The court then conducts a review of the sale process to determine if it was conducted in conformity with Ohio Rev. Code Ann. §§ 2329.01 to 2329.61. The court has the discretion to either confirm the sale or set it aside. Ohio Rev. Code Ann. § 2329.31; Ohio Sav. Bank v. Ambrose (1990), 563 N.E.2d 1388, 1389 (Ohio 1990). Generally, the confirmation process is completed within 30 days of the sale. The defendant has a right to appeal the confirmation entry, but that appeal is only with respect to the handling of the sale and the confirmation entry, not the underlying case. CitiMortgage, Inc. v. Roznowski, 11 N.E.3d 1140 (Ohio 2014). Generally, the purchaser has no right to appeal the denial of confirmation. Sav. Bank v. Ambrose, 563 N.E.2d 1388 (Ohio 1990). This template should not be used if the foreclosure sale was conducted by the county sheriff, instead use Confirmation of Entry of Sale and Distribution of Proceeds (Sale by Sheriff) (Foreclosure) (OH). For further guidance, see Commercial and Residential Mortgage Foreclosure (OH), Commercial Real Estate Financing Transactions (OH), and Commercial Real Estate Financing (OH). For a mortgage template for use in Ohio, see Mortgage (Acquisition Loan, Long Form) (OH). For more information, see Foreclosure Resource Kit (OH), Real Estate State Law Comparison Tool, and First Year Associate Resource Kit: Real Estate.