Letter to



TESTIMONY OFSTEPHEN R. BUCHENROTHON BEHALF OF THE OHIO STATE BAR ASSOCIATIONBEFORE THE SENATE GOVERNMENT OVERSIGHT & REFORM COMMITTEEREGARDING HB 134May 25, 2016Chairman Coley, Vice-Chair Seitz, Ranking Member Yuko and members of the Committee:My name is Stephen R. Buchenroth. I am a retired partner with the law firm of Vorys, Sater, Seymour and Pease and a member of the Real Property Section Council of the Ohio State Bar Association. I am testifying today on behalf of the Ohio State Bar Association as a proponent of HB 134.Early last year, Senator Coley asked the Ohio State Bar Association to take a comprehensive look at the foreclosure process in Ohio and to propose legislation to deal with the existing issues. The as introduced version of HB?463 was the product of this effort and represents the input of well over a dozen interested groups; over a half dozen interested party meetings; and over ten extensively reviewed drafts of the bill.The goals for the legislation were as follows:To speed up the foreclosure process, particularly for vacant and abandoned properties. The current foreclosure process in Ohio, in the best of circumstances, takes a minimum of eight or nine months; and in many of our urban counties during the foreclosure crisis took 18 to 24 months. During this time, properties that were vacant and abandoned often were vandalized and deteriorated to the point where they were of no value and contributed to blight in the areas in which they were located.To avoid substantial delays that occur in the Sheriff’s Sale process. One of the primary areas of delay during the foreclosure crisis, and continuing, is that a number of the urban county sheriffs have been overwhelmed with the volume of foreclosures, creating delays of many months in appraising the properties, offering the properties for sale, and preparing the sheriff’s deeds to complete the sale process.To make consistent certain aspects of the foreclosure process, which vary from county to county. Although ideally the foreclosure process in Ohio should be consistent from county to county, in practice it varies considerably, including how different counties and different officers may interpret certain relevant statutory provisions. To modernize certain aspects of the foreclosure sale process.To clarify areas of confusion created by inconsistent court decisions with respect to certain aspects of Ohio foreclosure law, particularly those with respect to standing.It is my understanding the legislative vehicle that will now house many of these proposed changes is HB134, and the OSBA was asked to weigh in on the latest version of that bill. First, I want to commend the committee for adopting much of the language of HB 463. There were some areas of concern, but amendments are prepared that alleviate those concerns. Therefore, the Ohio State Bar Association believes that, if amended as suggested, the enactment of HB 134 would go a long way to solving problems with Ohio’s current foreclosure process and would be beneficial to the citizens of Ohio.I am available to answer questions. ................
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