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April 25, 2008

Notice to Attorneys Who Practice in Municipal Court

NOTICE TO ATTORNEYS WHO PRACTICE IN MUNICIPAL COURT

THE JUDGES OF THE FRANKLIN COUNTY MUNICIPAL COURT HEREBY GIVE NOTICE OF THE FOLLOWING PROPOSED

LOCAL COURT RULE 6.10

6.10 Foreclosures and Permanent Injunction Actions in the Environmental Division.

(a) In every action demanding the judicial sale of real property the party or parties seeking such judicial sale shall file, within seven (7) days after the filing of the pleadings requesting such relief, with the Franklin County Recorder’s office a Notice of Lis Pendens (“Notice”). The Notice shall be labeled as a “Notice of Lis Pendens” and contain the following information: the names of the property owner pursuant to the title insurance commitment required by section (b) below or as shown on the Franklin County Auditor’s duplicate, property address, legal description of the property, permanent parcel number, case caption and case number of the Environmental Division case. A copy of the recorded Notice shall be filed and maintained in the Environmental Division file.

(b) In every action demanding the judicial sale of one to four family residential real property the party or parties seeking such judicial sale shall file, within fourteen (14) days after the filing of the pleadings requesting such relief, a commitment for an owner’s policy of title insurance, on the currently revised ALTA owner’s policy form prepared by a licensed “title insurance company” as that term is defined in Section 3953.01(c) of the Ohio Revised Code, showing: (i) the name of the owners of the property to be sold; (ii) a reference to the volume and page of the recording by which said owners acquired title to such real property; (iii) a description of all exceptions to said owner’s fee simple title and liens thereon; and (iv) the name and address, as shown on the recorded lien, of the lien holder(s). Such commitment shall have an effective date within fourteen (14) days prior to the filing of the complaint or other pleading requesting judicial sale. Such commitment shall cover each parcel of real property to be sold, shall be in “the amount of the successful bid at judicial sale”, shall show “purchaser at judicial sale” as the proposed insured, and shall not expire until thirty (30) days after recordation of the deed to the purchaser arising from the judicial sale. No later than thirty (30) days prior to the date set for such judicial sale, the party or parties submitting the same shall cause the original commitment to be updated by the issuer thereof to a date subsequent to the date of judgment, to insure that all necessary parties are properly before the Court in the pending action. Where the evidence of title indicates that a necessary party or parties have not been made defendants, the attorney for the party submitting the Decree shall proceed without delay to cause such new parties to be added and served a copy of the complaint in accordance with the Ohio Rules of Civil Procedure. The expense of the title work required by this rule shall be taxed as costs in the case. The purchaser at the judicial sale may, by paying the premium for such policy, obtain the issuance of title insurance in accordance with the commitment. After the Sheriff's return of the order of sale and prior to the confirmation of the sale, the party or parties requesting the order of sale shall cause an invoice for the cost of the title insurance policy, commitment cost related expenses and cancellation fee, if any, to be filed with the Clerk of this Court. The amount of the invoice shall be taxed as costs in the case. The purchaser at the judicial sale may, by paying the premium for such policy, obtain the issuance of title insurance in accordance with the commitment. The party or parties requesting the order of sale shall prepare a distribution entry showing the court costs assessed, which include the invoice for the cost of the title insurance policy, commitment cost related expenses, including cancellation fee, if any, and all other costs and distribution of sale.

(c) In every action in which a permanent injunction has been ordered, the party or parties who requested the permanent injunction shall file, within seven (7) days after the order of the permanent injunction, with the Franklin County Recorder’s office a Notice of Lis Pendens (Notice”). The Notice shall be labeled as a “Notice of Lis Pendens” and contain the following information: the names of the property owner as shown on the Franklin County Auditor’s duplicate, property address, legal description of the property, permanent parcel number, case caption and case number of the Environmental Division case. A copy of the recorded Notice shall be filed and maintained in the Environmental Division file.

** Key to proposed amendments:

1. Original language of the rule appears as regular type.

2. Language to be deleted appears ~~thus~~.

3. Language to be added appears thus.

All comments regarding these amendments must be submitted to Magistrate Kathleen E. Graham at the Franklin County Municipal Court, 375 South High Street, 10^th Floor, Columbus, Ohio 43215 or through email at grahamk@fcmcclerk.com by the close of business on Tuesday, May 13, 2008.