Preliminary Judicial Report
(Foreclosure) (OH)

Summary

This template for a preliminary judicial report may be submitted by a plaintiff/mortgagee in Ohio in connection with filing a complaint in a foreclosure action. This template contains practical guidance and drafting notes. This template may be used in connection with a commercial or residential foreclosure action. In Ohio, when a foreclosure complaint is filed, or within 14 days thereof, the plaintiff must file a preliminary judicial report (PJR) outlining the status of title to the property. Ohio Rev. Code Ann. § 2329.191. The PJR must have an effective date of not more than 30 days before the date that the complaint is filed, be issued by a licensed title insurance agent, and must contain: • A legal description of each parcel of real estate to be sold at the judicial sale • The street address of the real estate or, if there is no street address, the name of the street or road upon which the real estate fronts together with the names of the streets or roads immediately to the north and south or east and west of the real estate • The county treasurer's permanent parcel number or other tax identification number of the real estate • The name of the owners of record of the real estate to be sold • A reference to the volume and page or instrument number of the recording by which the owners acquired title to the real estate • A description of the record title to the real estate (However, easements, restrictions, setback lines, declarations, conditions, covenants, reservations, and rights-of-way that were filed for record prior to the lien being foreclosed are not required to be included.) • The name and address of each lienholder and the name and address of each lienholder's attorney, if any, as shown on the recorded lien of the lienholder For commercial mortgage foreclosures, Ohio Rev. Code Ann. § 2329.191(C) requires the title search, but also allows for a title commitment, which can morph into an owner's title insurance policy if the purchaser at the execution sale so chooses. Before judgment is entered by the court, the plaintiff must file a final judicial report (FJR). Ohio Rev. Code Ann. § 2329.191(B). The FJR updates the court's record with the state of title between the effective date of the PJR and the date of lis pendens and must include a copy of the court's docket. For further guidance see Commercial and Residential Mortgage Foreclosure (OH) and Foreclosure Resource Kit (OH). For a template FJR see Final Judicial Report (Foreclosure) (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.