Computation Of Attorney Fees For Estates Page 22
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30their counsel of record, at their respective last known addresses. The record owner(s) of
the real estate shall be noticed by mail in all cases whether or not in default for failure to
appear, except when said owner(s) were originally served with summons solely by
publication. No other parties to the proceeding in default of answer need be served with
notice of sale except by publication as provided by R. C. Sections 2329.26 and 2329.27.
Failure to provide timely notice to interested parties shall constitute grounds for denying
confirmation of the sale.
IV. Required Filing: Not less than fourteen (14) days prior to the scheduled sale date,
counsel for the party requesting the sale shall file with the Clerk a Certificate of Service
of Notice of Sale Date specifying the date and manner of service and the names and
addresses of all interested parties or their respective counsel of record who were sent
notice. Failure to timely file the certificate of service required by this rule shall constitute
grounds for denial of the confirmation of sale.
V. The Sheriff, deputy or party conducting the sale shall, prior thereto, announce that any
purchasers shall have thirty (30) days from the date of sale to obtain an examination of
title to said real estate. Should examination disclose the title so purchased to be
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 on the certifications but said purchaser may, within the thirty (30) day period,
notify the Court thereof by written motion requesting that said sale be set aside. If the
Court, upon hearing thereof, finds said title to be unmarketable, the Court shall refuse to
confirm said sale. The Court may, however, fix a reasonable time, not to exceed ninety
(90) days, within which such defects may be corrected.
VI. Waiver: A purchaser may waive any part or all of the thirty (30) day period by
signing the Confirmation Entry, but no Confirmation Entry not approved by the
purchaser shall be filed until said period has expired.
VII. Section I of this Rule (Certification) shall not apply to proceedings under R.C.
Section 5721.18.
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