CITIZENS NATL. BANK OF NORWALK v. NORMAN

No. 86-1154.

29 Ohio St. 3d 62 (1987)

CITIZENS NATIONAL BANK OF NORWALK, OHIO, APPELLEE, v. NORMAN ET AL.; HURON COUNTY SHERIFF, APPELLANT.

Supreme Court of Ohio.

Decided April 1, 1987.


Attorney(s) appearing for the Case

Carpenter, Freeman & Laycock and Ronald H. Freeman, for appellee.

Michael R. Fegen, prosecuting attorney, and Richard E. Grimes, for appellant.


Per Curiam.

The sole issue before us is whether a sheriff at a foreclosure sale is entitled to poundage upon the entire bid amount of a first mortgage purchaser when such bid is for a sum less than the amount owing on the first mortgage, and no moneys were actually paid to the sheriff. For the reasons which follow, we hold he is not.

Poundage in foreclosure sales is governed by R.C. 311.17, which provides in part:

"(B) In addition to the fee...

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