Computation Of Attorney Fees Form Page 26
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60Adopted: 2/1/05
Revised: 8/1/14
LOCAL RULE 65.1
LAND SALES
(A)
In every complaint for land sale filed in the Court, the party requesting the sale shall
endorse the following certification:
“The undersigned hereby certifies that an examination of the public records of
Montgomery County, Ohio 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 parties have been named as parties to this action.”
The requesting party shall state as exceptions any interested party not so named.
(B)
In every motion for an order of sale filed in the Court, the party requesting the sale shall
endorse the following certification:
“The undersigned hereby certifies that an examination of title to subject real estate has
been extended to [date] to determine if any parties have acquired any interest therein
subsequent to said previous 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.”
The requesting party shall state as exceptions any such party not subject to lis pendens.
With the motion, the requesting party shall also file an updated title examination.
(C)
A purchaser of real estate through a land sale proceeding shall have thirty (30) days from
the date of sale to obtain a title examination. The purchaser may waive any or all of this
thirty day period by signing the confirmation order.
(D)
A proposed order to confirm the sale and an order of distribution shall be submitted with
the motion to confirm the sale. The distribution of sale proceeds shall be included with
the confirmation order.
(E)
In land sale proceedings that have not been concluded within one (1) year from the date
of filing, the party requesting the sale shall file a status report.
(1)
The status report shall detail the efforts being made to complete the sale of the real
estate; the current physical status of the real estate; the amount and nature of any
mortgages or liens; the amount and nature of any outstanding real estate taxes; the
name and address of any real estate agency and real estate agent involved in listing
the property; and the name, address, and telephone number of the insurance
company and insurance agent involved in insuring the property.
(2)
Upon review of the status report, the Court may set the matter for hearing.
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