Praecipe for Order of Sale
(Sale by Sheriff) (Foreclosure) (OH)

Summary

This Praecipe for Order of Sale may be used by a plaintiff/mortgagee in Ohio to request that the clerk of court issue an order of sale to the county sheriff directing the sheriff to appraise, advertise, and sell the foreclosed property. This template contains practical guidance and drafting notes. This template may be used with commercial or residential property. Ohio has two types of execution processes to sell foreclosed real property – sheriff's sale and private selling officer (PSO) sale. Selling via sheriff's sale is the traditional and default method of execution. Some courts, however, allow the appointment of a PSO pursuant to Ohio Rev. Code Ann. § 2329.152. While the appraisals are still done by the sheriff, the benefit of a PSO sale is that it is, generally, conducted online, allowing for more bidders on the property. Ohio Rev. Code Ann. § 2329.153, however, authorizes the sheriff to conduct online sales, with all sheriff's sales of residential property being online by approximately 2021 (Ohio Rev. Code Ann. § 2329.153(E)). This template should only be used if the sheriff will conduct the sale. For a template for use if a PSO will conduct the sale see Praecipe for Order of Sale (Sale by Private Selling Officer) (Foreclosure) (OH). A template order of sale, together with a sheriff's return and land appraisement should be submitted with the praecipe for order of sale. (All three are included in this template.) For related templates see Notice of Sale (Sale by Sheriff) (Foreclosure) (OH) and Confirmation of Entry of Sale and Distribution of Proceeds (Sale by Sheriff) (Foreclosure) (OH). For further guidance see Commercial and Residential Mortgage Foreclosure (OH) and Foreclosure Resource Kit (OH). For general guidance on lending in Ohio, see Commercial Real Estate Financing Transactions (OH) and Commercial Real Estate Financing (OH). For more information, see Real Estate State Law Comparison Tool and First Year Associate Resource Kit: Real Estate.