As Reported by the Senate Finance and 1
Financial Institutions Committee 2
122nd General Assembly 5
Regular Session Sub. H. B. No. 371 6
1997-1998 7
REPRESENTATIVES HODGES-TIBERI-BATCHELDER-MILLER-BUCHY-BRADING- 9
CATES-COLONNA-COUGHLIN-GARCIA-HOTTINGER-HOUSEHOLDER-MASON- 10
MOTTLEY-NETZLEY-REID-SCHUCK-SCHURING-TAYLOR-TERWILLEGER- 11
VAN VYVEN-WACHTMANN-WILLIAMS-LEWIS-BATEMAN-JONES-SCHULER- 12
VESPER-CALLENDER-O'BRIEN-THOMAS-SALERNO-WINKLER-HARRIS- 13
BEATTY-CORBIN-SENATORS RAY-DRAKE-SUHADOLNIK 14
16
A B I L L
To amend sections 169.03, 317.08, 323.25, 323.31, 18
5301.25, 5528.51, 5528.54, 5538.53, 5721.01, 19
5721.03, 5721.06, and 5721.10; to amend, for the 21
purpose of adopting new section numbers as
indicated in parentheses, sections 5538.53 22
(5528.53) and 5721.30 (5721.46); and to enact new 23
section 5721.30 and sections 1109.65, 5528.57, 24
and 5721.31 to 5721.41 of the Revised Code 26
relative to the authority of county treasurers to 27
collect delinquent real property taxes by selling 29
certificates entitling the bearers to liens 30
against the property in the amount of the 31
delinquency, to the issuance of general 32
obligation bonds in support of and in combination 33
with the issuance of infrastructure project
obligations, and to the use of social security 34
numbers by the Division of Unclaimed Funds in the
Department of Commerce. 35
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 169.03, 317.08, 323.25, 323.31, 38
2
5301.25, 5528.51, 5528.54, 5538.53, 5721.01, 5721.03, 5721.06, 41
and 5721.10 be amended; sections 5538.53 (5528.53) and 5721.30 42
(5721.46) be amended for the purpose of adopting new section 44
numbers as indicated in parentheses; and new section 5721.30 and 45
sections 1109.65, 5528.57, 5721.31, 5721.32, 5721.33, 5721.34, 47
5721.35, 5721.36, 5721.37, 5721.38, 5721.39, 5721.40, and 5721.41
of the Revised Code be enacted to read as follows: 49
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 58
when requested, person which could be the holder of unclaimed 59
funds, under this chapter shall report to the director of 60
commerce with respect to the unclaimed funds as provided in this 61
section. The report shall be verified. 62
(2) With respect to items of unclaimed funds each having a 64
value of ten dollars or more, the report required under division 65
(A)(1) of this section shall include: 66
(a) The full name, if known, and last known address, if 68
any, of each person appearing from the records of the holder to 69
be the owner of unclaimed funds under this chapter; 70
(b) In the case of unclaimed funds reported by holders 72
providing life insurance coverage, the full name of the insured 73
or annuitant and beneficiary, if any, and their last known 74
addresses according to such holder's records; 75
(c) The nature and identifying number, if any, or 77
description of the funds and the amount appearing from the 78
records to be due; 79
(d) The date when the funds became payable, demandable, or 81
returnable and the date of the last transaction with the owner 82
with respect to the funds except with respect to each item of 83
unclaimed funds having a value of less than twenty-five dollars; 84
(e) Subject to division (I) of this section, the social 86
security number of the owner of the unclaimed funds, if it is 87
available.;
(f) Other information which the director prescribes as 89
necessary for the administration of this chapter. 90
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(3) With respect to items of unclaimed funds each having a 92
value of less than ten dollars, the report required under 93
division (A)(1) of this section shall include: 94
(a) Each category of items of unclaimed funds as described 96
in section 169.02 of the Revised Code; 97
(b) The number of items of unclaimed funds within each 99
category; 100
(c) The aggregated value of the items of unclaimed funds 102
within each category. 103
(B) If the holder of unclaimed funds is a successor to 105
other organizations that previously held the funds for the owner, 106
or if the holder has changed its name while holding the funds, it 107
shall file with the report all prior known names and addresses 108
and date and state of incorporation or formation of each holder 109
of the funds. 110
(C) The report shall be filed before the first day of 112
November of each year as of the preceding thirtieth day of June, 113
but the report of holders providing life insurance coverage shall 114
be filed before the first day of May of each year as of the 115
preceding thirty-first day of December. The director may 116
postpone, for good cause shown, the reporting date upon written 117
request by any holder required to file a report. 118
(D) The holder of unclaimed funds under this chapter shall 120
send notice to each owner of each item of unclaimed funds having 121
a value of twenty-five dollars or more at the last known address 122
of the owner as shown by the records of the holder before filing 123
the annual report. In case of holders providing life insurance 124
coverage, such notice shall also be mailed to each beneficiary at 125
the last known address of such beneficiary as shown by the 126
records of such holder, except that such notice to beneficiaries 127
shall not be mailed if such address is the same as that of the 128
insured and the surname of the beneficiary is the same as that of 129
the insured. The holder shall not report an item of unclaimed 130
funds earlier than the thirtieth day after the mailing of notice 131
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required by this division. 132
Such notice shall set forth the nature and identifying 134
number, if any, or description of the funds and the amount 135
appearing on the records of the holder to be due the owner, and 136
shall inform the owner that the funds will, thirty days after the 137
mailing of such notice, be reported as unclaimed funds under this 138
chapter. A self-addressed, stamped envelope shall be included 139
with the notice, with instructions that the owner may use such 140
envelope to inform the holder of the owner's continued interest 142
in the funds and, if so informed before the date for making the 143
report to the director, the holder shall not report said funds to 144
the director. The notice shall be mailed by first class mail. 145
If there is no address of record for the owner or other person 146
entitled to the unclaimed funds, the holder is relieved of any 147
responsibility of sending notice, attempting to notify, or 148
notifying the owner. The mailing of notice pursuant to this 149
section shall discharge the holder from any further 150
responsibility to give notice. 151
(E) Verification of the report and of the mailing of 153
notice, where required, shall be executed by an officer of the 154
reporting holder. 155
(F) The director may at reasonable times and upon 157
reasonable notice examine or cause to be examined, by auditors of 158
supervisory departments or divisions of the state, the records of 159
any holder to determine compliance with this chapter. The 161
director may enter into contracts, pursuant to procedures 162
prescribed by the director, with persons for the sole purpose of 163
examining the records of holders, determining compliance with 164
this chapter, and collecting, taking possession of, and remitting 165
to the department's division of unclaimed funds, in a timely 166
manner, the amounts found and defined as unclaimed. Holders 167
shall retain records, designated by the director as applicable to 168
unclaimed funds, for five years beyond the relevant time period 169
provided in section 169.02 of the Revised Code, or until 170
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completion of an audit conducted pursuant to this division, 171
whichever occurs first. 172
Records audited pursuant to this division are confidential, 174
and shall not be disclosed except as required by section 169.06 175
of the Revised Code or as the director considers necessary in the 176
proper administration of this chapter. 177
(G) All holders shall make sufficient investigation of 179
their records to insure ENSURE that the funds reported to the 180
director are unclaimed as set forth in division (B) of section 182
169.01 and section 169.02 of the Revised Code. 183
(H) The expiration of any period of limitations on or 185
after March 1, 1968, within which a person entitled to any 186
moneys, rights to moneys, or intangible property could have 187
commenced an action or proceeding to obtain the same shall not 188
prevent such items from becoming unclaimed funds or relieve the 189
holder thereof of any duty to report and give notice as provided 190
in this section and deliver the same in the manner provided in 191
section 169.05 of the Revised Code, provided that the holder may 192
comply with the provisions of this section and section 169.05 of 193
the Revised Code with respect to any moneys, rights to moneys, or 194
intangible property as to which the applicable statute of 195
limitations has run prior to March 1, 1968, and in such event the 196
holder shall be entitled to the protective provisions of section 197
169.07 of the Revised Code. 198
(I) No social security number contained in a report made 200
pursuant to this section shall be used BY THE DEPARTMENT OF 201
COMMERCE for any purpose other than to respond ENABLE THE 202
DIVISION OF UNCLAIMED FUNDS TO CARRY OUT THE PURPOSES OF THIS 203
CHAPTER AND FOR CHILD SUPPORT PURPOSES IN RESPONSE to a request 205
made by the division of child support in the department of human 206
services made pursuant to section 5101.327 of the Revised Code. 207
Sec. 317.08. Except as provided in division (F) of this 216
section, the county recorder shall keep six separate sets of 218
records as follows:
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(A) A record of deeds, in which shall be recorded all 220
deeds and other instruments of writing for the absolute and 221
unconditional sale or conveyance of lands, tenements, and 222
hereditaments; all notices as provided for in sections 5301.47 to 223
5301.56 of the Revised Code; all judgments or decrees in actions 224
brought under section 5303.01 of the Revised Code; all 225
declarations and bylaws as provided for in Chapter 5311. of the 226
Revised Code; affidavits as provided for in section 5301.252 of 227
the Revised Code; all certificates as provided for in section 228
5311.17 of the Revised Code; all articles dedicating 229
archaeological preserves accepted by the director of the Ohio 230
historical society under section 149.52 of the Revised Code; all 231
articles dedicating nature preserves accepted by the director of 232
natural resources under section 1517.05 of the Revised Code; all 233
agreements for the registration of lands as archaeological or 234
historic landmarks under section 149.51 or 149.55 of the Revised 235
Code; all conveyances of conservation easements under section 236
5301.68 of the Revised Code; all instruments or orders described 237
in division (B)(1)(c)(ii) of section 5301.56 of the Revised Code; 238
all no further action letters issued under section 3746.11 of the 239
Revised Code; all covenants not to sue issued under section 240
3746.12 of the Revised Code; any restrictions on the use of 241
property identified pursuant to division (C)(3) of section 242
3746.10 of the Revised Code; and all memoranda of trust, as 243
described in division (A) of section 5301.255 of the Revised 244
Code, that describe specific real property; 245
(B) A record of mortgages, in which shall be recorded all 247
of the following: 248
(1) All mortgages, including amendments, supplements, 250
modifications, and extensions of mortgages, or other instruments 251
of writing by which lands, tenements, or hereditaments are or may 252
be mortgaged or otherwise conditionally sold, conveyed, affected, 253
or encumbered; 254
(2) All executory installment contracts for the sale of 256
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land executed after September 29, 1961, that by their terms are 257
not required to be fully performed by one or more of the parties 258
to them within one year of the date of the contracts; 259
(3) All options to purchase real estate, including 261
supplements, modifications, and amendments of the options, but no 262
option of that nature shall be recorded if it does not state a 263
specific day and year of expiration of its validity; 264
(4) ANY TAX CERTIFICATE SOLD UNDER SECTION 5721.33 OF THE 266
REVISED CODE, OR MEMORANDUM THEREOF, THAT IS PRESENTED FOR FILING 267
OF RECORD.
(C) A record of powers of attorney, including all 269
memoranda of trust, as described in division (A) of section 270
5301.255 of the Revised Code, that do not describe specific real 271
property; 272
(D) A record of plats, in which shall be recorded all 274
plats and maps of town lots, of the subdivision of town lots, and 275
of other divisions or surveys of lands, any center line survey of 276
a highway located within the county, the plat of which shall be 277
furnished by the director of transportation or county engineer, 278
and all drawings as provided for in Chapter 5311. of the Revised 279
Code; 280
(E) A record of leases, in which shall be recorded all 282
leases, memoranda of leases, and supplements, modifications, and 283
amendments of leases and memoranda of leases; 284
(F) A record of declarations executed pursuant to section 287
2133.02 of the Revised Code and durable powers of attorney for 289
health care executed pursuant to section 1337.12 of the Revised 290
Code. 291
All instruments or memoranda of instruments entitled to 293
record shall be recorded in the proper record in the order in 294
which they are presented for record. The recorder may index, 295
keep, and record in one volume unemployment compensation liens, 296
internal revenue tax liens and other liens in favor of the United 297
States as described in division (A) of section 317.09 of the 298
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Revised Code, personal tax liens, mechanic's liens, agricultural 299
product liens, notices of liens, certificates of satisfaction or 300
partial release of estate tax liens, discharges of recognizances, 301
excise and franchise tax liens on corporations, broker's liens, 302
and liens provided for in sections 1513.33, 1513.37, 3752.13, 304
5111.021, and 5311.18 of the Revised Code. 306
The recording of an option to purchase real estate, 308
including any supplement, modification, and amendment of the 309
option, under this section shall serve as notice to any purchaser 310
of an interest in the real estate covered by the option only 311
during the period of the validity of the option as stated in the 312
option. 313
(G) In lieu of keeping the six separate sets of records 316
required in divisions (A) to (F) of this section and the records 318
required in division (H) of this section, a county recorder may 319
record all the instruments required to be recorded by this 320
section in two separate sets of record books. One set shall be 321
called the "official records" and shall contain the instruments 322
listed in divisions (A), (B), (C), (E), (F), and (H) of this 324
section. The second set of records shall contain the instruments 325
listed in division (D) of this section. 326
(H) Except as provided in division (G) of this section, 329
the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the 330
recorder pursuant to section 2923.36 of the Revised Code and a 331
separate set of records containing all medicaid fraud lien 332
notices filed with the recorder pursuant to section 2933.75 of 333
the Revised Code. 334
Sec. 323.25. When taxes charged against an entry on the 343
tax duplicate, or any part of such taxes, are not paid within 344
sixty days after delivery of the delinquent land duplicate to the 345
county treasurer as prescribed by section 5721.011 of the Revised 346
Code, the county treasurer shall enforce the lien for such taxes 347
by civil action in the treasurer's official capacity as 348
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treasurer, for the sale of such premises, in the court of common 350
pleas of the county in the same way mortgage liens are enforced. 351
If the delinquent land duplicate lists minerals or rights to 352
minerals listed pursuant to sections 5713.04, 5713.05, and 353
5713.06 of the Revised Code, the county treasurer may enforce the 355
lien for taxes against such minerals or rights to minerals by 356
civil action, in the treasurer's official capacity as treasurer, 357
in the manner prescribed by this section, or proceed as provided
under section 5721.30 5721.46 of the Revised Code. 359
If service by publication is necessary, such publication 362
shall be made once a week for three consecutive weeks instead of 363
as provided by the Rules of Civil Procedure, and the service 364
shall be complete at the expiration of three weeks after the date 365
of the first publication. If the prosecuting attorney determines 366
that service upon a defendant may be obtained ultimately only by 367
publication, the prosecuting attorney may cause service to be 369
made simultaneously by certified mail, return receipt requested, 370
ordinary mail, and publication. The treasurer shall not enforce 373
the lien for taxes against real property that TO WHICH ANY OF THE 374
FOLLOWING APPLIES:
(A) THE REAL PROPERTY is the subject of an application for 377
exemption from taxation under section 5715.27 of the Revised Code 378
and that does not appear on the delinquent land duplicate; 379
(B) THE REAL PROPERTY IS THE SUBJECT OF A VALID 381
UNDERTAKING UNDER SECTION 323.31 OF THE REVISED CODE FOR WHICH 382
THE COUNTY TREASURER HAS NOT MADE CERTIFICATION TO THE COUNTY 383
AUDITOR THAT THE UNDERTAKING HAS BECOME VOID IN ACCORDANCE WITH
THAT SECTION; 384
(C) A TAX CERTIFICATE RESPECTING THAT PROPERTY HAS BEEN 386
SOLD UNDER SECTION 5721.32 OR 5721.33 OF THE REVISED CODE; 387
PROVIDED, HOWEVER, THAT NOTHING IN THIS DIVISION SHALL PROHIBIT 388
THE COUNTY TREASURER OR THE COUNTY PROSECUTING ATTORNEY FROM 389
ENFORCING THE LIEN OF THE STATE AND ITS POLITICAL SUBDIVISIONS 390
FOR TAXES AGAINST A CERTIFICATE PARCEL WITH RESPECT TO ANY OR ALL 391
10
OF SUCH TAXES THAT AT THE TIME OF ENFORCEMENT OF SUCH LIEN ARE 392
NOT THE SUBJECT OF A TAX CERTIFICATE.
Upon application of the plaintiff, the court shall advance 394
such cause on the docket, so that it may be first heard. 395
Sec. 323.31. (A) Delinquent taxes charged against any 404
entry of real property may be paid pursuant to this division by 405
the person who owns the real property or is a vendee in 406
possession under a purchase agreement or land contract after 407
entering into a written undertaking with the county treasurer in 408
a form prescribed or approved by the tax commissioner. The 409
undertaking may be entered into at any time prior to the county 410
prosecuting attorney's commencement of foreclosure proceedings BY 411
THE COUNTY TREASURER AND THE COUNTY PROSECUTING ATTORNEY pursuant 413
to section 323.25 OF THE REVISED CODE or BY THE COUNTY
PROSECUTING ATTORNEY PURSUANT TO SECTION 5721.18 of the Revised 414
Code, THE COMMENCEMENT OF FORECLOSURE PROCEEDINGS BY A PRIVATE 415
ATTORNEY PURSUANT TO SECTION 5721.37 OF THE REVISED CODE, or THE 416
commencement of foreclosure and forfeiture proceedings pursuant 417
to section 5721.14 of the Revised Code. A duplicate copy of each 418
such undertaking shall be filed with the county auditor, who 419
shall attach the copy to the delinquent land tax certificate or 421
delinquent vacant land tax certificate, or who shall enter an 422
asterisk in the margin next to the entry for the tract or lot on 423
the master list of delinquent tracts or master list of delinquent 424
vacant tracts, prior to filing it with the prosecuting attorney 425
under section 5721.13 of the Revised Code. If the undertaking is 426
entered into after the certificate or the master list has been 427
filed with the prosecuting attorney, the treasurer shall file the 428
duplicate copy with the prosecuting attorney. A DUPLICATE COPY 429
OF EACH SUCH UNDERTAKING SHALL BE MAILED BY FIRST CLASS MAIL TO 431
EACH CERTIFICATE HOLDER, AS DEFINED IN SECTION 5721.30 OF THE
REVISED CODE, WHOSE CERTIFICATE PARCEL, AS DEFINED IN SECTION 432
5721.30 OF THE REVISED CODE, IS THE SUBJECT OF THE UNDERTAKING. 433
An undertaking entered into under this division shall 435
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provide for the payment of delinquent taxes in installments over 436
a period not to exceed five years beginning on the earliest date 437
delinquent taxes that are the subject of the undertaking were 438
included in a certification under section 5721.011 of the Revised 439
Code; however, a person entering into an undertaking who owns and 441
occupies residential real property may request, and the treasurer 444
shall allow, an undertaking providing for payment in installments 446
over a period of no fewer than two years beginning on that date. 447
For each undertaking, the county treasurer shall determine 450
and shall specify in the undertaking the number of installments, 451
the amount of each installment, and the schedule for payment of 452
the installments. Each installment payment shall be apportioned 453
among the several funds for which taxes have been assessed and 454
shall be applied to the items of taxes charged in the order in 455
which they became due. 456
When an installment payment is not received by the 458
treasurer when due or any current taxes charged against the 459
property become delinquent, the undertaking becomes void unless 460
the treasurer permits a new undertaking to be entered into; if 461
the treasurer does not permit a new undertaking to be entered 462
into, the treasurer shall certify to the auditor that the 463
undertaking has become void. A new undertaking entered into 464
under this paragraph shall provide for payment of the outstanding 465
balance of delinquent taxes over a period that, when added to the 466
periods of any previous undertakings that had elapsed prior to 467
their becoming void, does not exceed ten years. 468
Upon receipt of such a certification, the auditor shall 470
destroy the duplicate copy of the undertaking. If such copy has 472
been filed with the prosecuting attorney, the auditor immediately 473
shall deliver the certification to the prosecuting attorney, who 474
shall attach it to the appropriate certificate and the duplicate 475
copy of the voided undertaking or strike through the asterisk 476
entered in the margin of the master list next to the entry for 477
the tract or lot that is the subject of the voided undertaking. 478
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The prosecuting attorney then shall institute a proceeding to 479
foreclose the lien of the state in accordance with section 323.25 480
or 5721.18 of the Revised Code or, in the case of delinquent 481
vacant land, shall institute a foreclosure proceeding in 482
accordance with section 323.25 or 5721.18 of the Revised Code, or 483
a foreclosure and forfeiture proceeding in accordance with 484
section 5721.14 of the Revised Code. 485
AFTER A TAX CERTIFICATE HAS BEEN SOLD RESPECTING A 487
DELINQUENT PARCEL UNDER SECTION 5721.32 OR 5721.33 OF THE REVISED 488
CODE, A WRITTEN UNDERTAKING MAY NOT BE ENTERED INTO UNDER THIS 489
SECTION TO PAY THE DELINQUENT AMOUNTS. TO PAY THE DELINQUENCY IN
INSTALLMENTS, THE OWNER OR OTHER PERSON SEEKING TO REDEEM THE 490
PARCEL SHALL ENTER INTO A REDEMPTION PAYMENT PLAN UNDER DIVISION 491
(C) OF SECTION 5721.38 OF THE REVISED CODE. 492
(B) Within ten days after the date prescribed by section 494
323.12 or 323.17 of the Revised Code for payment of the first 495
half installment of the current taxes, any person failing to pay 496
the amount required by such date, with the consent of the 497
treasurer, may enter into a written undertaking with the 498
treasurer, in a form prescribed by the tax commissioner, to pay 499
all current taxes pursuant to this division. The agreement shall 500
provide for the entire amount of such taxes to be paid in three 501
or fewer installments before the date set by section 323.12 or 502
323.17 of the Revised Code for the payment of the second 503
installment of such taxes. Each payment made under this division 504
shall be not less than one-third of the total amount of the 505
current taxes, unless the collection of a particular tax has been 506
legally enjoined, or unless at any scheduled payment date less 507
than one-third of the total amount remains unpaid, in which case 508
the total balance shall be paid. 509
If a payment is not received by the treasurer when due 511
under the terms of an undertaking made under this division, the 512
treasurer may permit the taxpayer to make the payment at a later 513
date, provided the payment is received before the date set by 514
13
section 323.12 or 323.17 of the Revised Code for the payment of 515
the second installment of current taxes. If the total taxes 516
arranged to be paid pursuant to such an undertaking are not 517
received before such date, the undertaking shall become void and 518
the treasurer shall proceed to collect all unpaid taxes then due 519
by any other means provided by law. 520
(C) A CERTIFICATE HOLDER, AS DEFINED IN SECTION 5721.30 OF 522
THE REVISED CODE, MAY ALSO PAY ALL OF ANY DELINQUENT TAXES, 523
ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES ON THE RELATED 524
CERTIFICATE PARCEL, AS DEFINED IN SECTION 5721.30 OF THE REVISED 525
CODE, THE LIEN AGAINST WHICH HAS NOT BEEN TRANSFERRED BY THE SALE
OF A TAX CERTIFICATE, AS DEFINED IN SECTION 5721.30 OF THE 526
REVISED CODE, AND THE AMOUNT OF THE PAYMENT SHALL CONSTITUTE A 527
SEPARATE LIEN AGAINST THE CERTIFICATE PARCEL WHICH SHALL BE 528
EVIDENCED BY THE ISSUANCE BY THE TREASURER TO THE CERTIFICATE
HOLDER OF AN ADDITIONAL TAX CERTIFICATE WITH RESPECT TO THE 529
DELINQUENT TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND FEES SO 530
PAID ON THE RELATED CERTIFICATE PARCEL. THE AMOUNT OF THE 531
PAYMENT AS SET FORTH IN THE TAX CERTIFICATE SHALL EARN INTEREST 532
AT THE RATE OF EIGHTEEN PER CENT PER YEAR. IF THERE ARE MULTIPLE 533
CERTIFICATE HOLDERS WITH RESPECT TO A CERTIFICATE PARCEL, THE 534
CERTIFICATE HOLDER OF THE MOST RECENTLY ISSUED TAX CERTIFICATE
HAS THE FIRST RIGHT TO PAY ANY CURRENT DELINQUENT TAXES, WHICH 535
RIGHT SHALL BE EXERCISED, IF AT ALL, WITHIN ONE HUNDRED EIGHTY 536
DAYS AFTER SUCH TAXES BECOME DELINQUENT. 537
Sec. 1109.65. IN ORDER TO PROTECT ITS INTEREST IN A 539
PROPERTY, A BANK MAY PURCHASE A TAX CERTIFICATE UNDER SECTION 540
5721.32 OR 5721.33 OF THE REVISED CODE.
Sec. 5301.25. (A) All deeds, land contracts referred to 549
in division (B)(2) of section 317.08 of the Revised Code, and 550
instruments of writing properly executed for the conveyance or 551
encumbrance of lands, tenements, or hereditaments, other than as 552
provided in DIVISION (C) OF THIS SECTION AND section 5301.23 of 554
the Revised Code, shall be recorded in the office of the county 555
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recorder of the county in which the premises are situated, and 556
until so recorded or filed for record, they are fraudulent, so 557
far as relates to a subsequent bona fide purchaser having, at the 558
time of purchase, no knowledge of the existence of such former 559
deed or land contract or instrument. 560
(B) Whenever a survey is made of lands which are being 562
conveyed, the county auditor shall require that the name of the 563
person who made the survey appear in the deed. Such name shall 564
either be printed, typewritten, stamped, or signed in a legible 565
manner. An instrument is in compliance with this section if it 566
contains a statement in the following form: 567
"A survey of this property was made by .................." 569
(Name) 571
Division (B) of this section THIS DIVISION does not apply 573
to any court decree, order, judgment, or writ, nor to any 575
instrument executed or acknowledged outside of this state, or 576
executed within this state prior to September 20, 1965. 577
(C) ALL TAX CERTIFICATES SOLD PURSUANT TO SECTION 5721.32 579
OR 5721.33 OF THE REVISED CODE, OR MEMORANDA THEREOF, MAY BE 580
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY IN 581
WHICH THE PREMISES ARE SITUATED, AS PROVIDED IN DIVISION (B) OF 582
SECTION 5721.35 OF THE REVISED CODE; PROVIDED, HOWEVER, THAT THE
FIRST AND SUPERIOR LIEN OF THE STATE AND ITS TAXING DISTRICTS 583
CONVEYED TO THE HOLDER OF THE TAX CERTIFICATE, AS PROVIDED IN 584
DIVISION (A) OF SECTION 5721.35 OF THE REVISED CODE, SHALL IN NO 585
WAY BE DIMINISHED OR ADVERSELY AFFECTED IF THE TAX CERTIFICATE 586
EVIDENCING THE CONVEYANCE OF SUCH FIRST AND SUPERIOR LIEN, OR
MEMORANDUM THEREOF, IS NOT RECORDED AS PROVIDED IN THIS SECTION. 587
Sec. 5528.51. As used in sections 5528.51 to 5328.56 of 596
the Revised Code: 597
(A) "Bond proceedings" means the resolutions, trust 599
agreements, indentures, and other agreements, credit enhancement 600
facilities, and amendments and supplements to the foregoing, or 602
any one or more or combination thereof, authorizing, awarding, or 603
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providing for the terms and conditions applicable to or providing 604
for the security or liquidity of obligations, and the provisions
contained in those obligations. 605
(B) "Bond service charges" means principal, including any 607
mandatory sinking fund or redemption requirements for retirement 608
of obligations, interest and other accreted amounts, and any 609
redemption premium, payable on obligations. 610
(C) "Bond service fund" means the fund, and any accounts 612
in that fund, created by section 5528.55 of the Revised Code, 613
including all moneys and investments, and earnings from 614
investments, credited and to be credited to that fund and 615
accounts as and to the extent provided in the bond proceedings.
(D) "Commissioners of the sinking fund" or "commissioners" 617
means the board of commissioners of the sinking fund referred to 618
in Section 8 of Article VIII, Ohio Constitution, and section 619
129.01 of the Revised Code. 620
(E) "Costs of projects" means the costs of acquiring, 622
constructing, reconstructing, rehabilitating, remodeling, 623
renovating, enlarging, improving, equipping, or furnishing 624
projects, and the financing thereof, including the cost of 625
clearance and preparation of the site and of any land to be used 626
in connection with projects, the cost of any indemnity and surety 627
bonds and premiums on insurance, all related direct
administrative expenses and allocable portions of direct costs of 628
the commissioners and department of transportation, cost of 629
engineering and architectural services, designs, plans, 630
specifications, surveys, and estimates of cost, legal fees, fees 631
and expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing 632
charges and fees and expenses of financial advisers and 633
consultants in connection therewith, interest on obligations from 634
the date thereof to the time when interest is to be covered from 635
sources other than proceeds of obligations, amounts necessary to 636
establish any reserves as required by the bond proceedings, costs 637
16
of audits, the reimbursement of all moneys advanced or applied by 638
or borrowed from any governmental agency, whether to or by the 639
commissioners or others, from whatever source provided, for the 640
payment of any item or items of cost of projects, and all other 641
expenses necessary or incident to planning or determining 642
feasibility or practicability with respect to projects, and such
other expenses as may be necessary or incident to the 643
acquisition, construction, reconstruction, rehabilitation, 644
remodeling, renovation, enlargement, improvement, equipment, and 645
furnishing of projects, the financing thereof and the placing of 646
the same in use and operation, including any one, part of, or 647
combination of such classes of costs and expenses.
(F) "Credit enhancement facilities," "financing costs," 649
and "interest" or "interest equivalent" have the meanings as in 650
section 133.01 of the Revised Code. 651
(G) "INFRASTRUCTURE PROJECT OBLIGATIONS" MEANS THOSE 653
OBLIGATIONS ISSUED FOR A PROJECT PURSUANT TO SECTION 5531.10 OF 654
THE REVISED CODE.
(H) "Local government entity" means any county, municipal 656
corporation, township, or transportation improvement district, or 657
any other local government agency designated by law including by 658
any capital appropriations act. 659
(H)(I) "Net proceeds" means amounts received from the sale 661
of obligations, excluding amounts used to refund or retire 662
outstanding obligations, and does not include amounts required to 663
be deposited into special funds pursuant to the applicable bond 664
proceedings, or financing costs paid from such amounts received. 665
(I)(J) "Obligations" means bonds, notes, or other 667
evidences of obligation of the state, including any interest 669
coupons pertaining thereto, issued pursuant to sections 5528.51 670
to 5528.56 of the Revised Code.
(J)(K) "Principal amount" means the aggregate of the 672
amount as stated or provided for in the bond proceedings 674
authorizing the obligations as the amount on which interest or 675
17
interest equivalent is initially calculated and shall not include 676
any premium paid by the initial purchaser of the obligations. 677
(K)(L) "Project" means highway capital improvements, which 679
shall be limited to highways, including those on the state 681
highway system and urban extensions thereof, those within or 682
leading to public parks or recreation areas, and those within or 683
leading to municipal corporations.
(L)(M) "Special funds" or "funds", unless the context 685
indicates otherwise, means the bond service fund, and any other 687
funds, including any reserve funds, created under the bond 688
proceedings and stated to be special funds in those proceedings, 689
including all moneys and investments, and earnings from 690
investments, credited and to be credited to the particular fund.
Special funds do not include the highway capital improvement fund 691
created by section 5528.53 of the Revised Code or other funds 692
created by the bond proceedings that are not stated by those 693
proceedings to be special funds.
Sec. 5538.53 5528.53. The highway capital improvement fund 702
is hereby created in the state treasury. The fund shall consist 704
of the proceeds of obligations issued pursuant to sections 705
5528.51 to 5528.56 of the Revised Code, except for amounts 706
deposited into special funds, or into escrow funds for the
purpose of refunding outstanding obligations, OR PURSUANT TO 707
SECTION 5528.57 OF THE REVISED CODE. Money to the credit of this 708
fund may be expended to pay costs of projects. All investment 710
earnings of the fund shall be credited to the fund. To the 711
extent practicable, Ohio products, materials, services, and labor 712
shall be used in any project financed in whole or in part from 713
the fund.
Sec. 5528.54. (A) The commissioners of the sinking fund 722
are authorized to issue and sell, as provided in this section and 723
in amounts from time to time authorized by the general assembly, 724
general obligations of this state for the purpose of financing or 725
assisting in the financing of the costs of projects. The full 726
18
faith and credit, revenues, and taxing power of the state are and 727
shall be pledged to the timely payment of bond service charges on 728
outstanding obligations, all in accordance with Section 2m of
Article VIII, Ohio Constitution and sections 5528.51 to 5528.56 729
of the Revised Code, and so long as such obligations are 730
outstanding there shall be levied and collected excises, taxes, 731
and other revenues in amounts sufficient to pay the bond service 732
charges on such obligations and costs relating to credit 733
enhancement facilities.
(B) Not more than two hundred twenty million dollars 735
principal amount of obligations, plus the principal amount of 736
obligations that in any prior fiscal years could have been, but 737
were not issued within that two-hundred-twenty-million-dollar 738
fiscal year limit, may be issued in any fiscal year, and not more 739
that one billion two hundred million dollars principal amount of 740
obligations may be outstanding at any one time, all determined as 741
provided in sections 5528.51 to 5528.56 of the Revised Code. 742
(C) The state may participate in financing projects by 744
grants, loans, or contributions to local government entities. 745
(D) Each issue of obligations shall be authorized by 747
resolution of the commissioners. The bond proceedings shall 748
provide for the principal amount or maximum principal amount of 749
obligations of an issue, and shall provide for or authorize the 750
manner for determining the principal maturity or maturities, not 751
exceeding the earlier of thirty years from the date of issuance 752
of the particular obligations or thirty years from the date the
debt represented by the particular obligations was originally 753
contracted, the interest rate or rates, the date of and the dates 754
of payment of interest on the obligations, their denominations, 756
and the establishment within or outside the state of a place or 757
places of payment of bond service charges. Sections 9.96, 9.98, 758
9.981, 9.982, and 9.983 of the Revised Code are applicable to the 759
obligations. The purpose of the obligations may be stated in the 760
bond proceedings as "financing or assisting in the financing of 761
19
highway capital improvement projects as provided in Section 2m of 762
Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any 764
portion to be deposited into special funds, or in INTO escrow 765
funds for the purpose of refunding outstanding obligations, OR 767
PURSUANT TO SECTION 5528.57 OF THE REVISED CODE, all as may be 768
provided in the bond proceedings, shall be deposited into the 769
highway capital improvement fund established by section 5528.53 770
of the Revised Code.
(F) The commissioners may appoint OR PROVIDE FOR THE 772
APPOINTMENT OF paying agents, bond registrars, securities 774
depositories, and transfer agents, and may retain the services of
financial advisers and accounting experts, and retain or contract 775
for the services of marketing, remarketing, indexing, and 776
administrative agents, other consultants, and independent 777
contractors, including printing services, as are necessary in the 778
judgment of the commissioners to carry out sections 5528.51 to 779
5528.56 of the Revised Code. Financing costs are payable, as
provided in the bond proceedings, from the proceeds of the 780
obligations, from special funds, or from other moneys available 781
for the purpose.
(G) The bond proceedings, including any trust agreement, 783
may contain additional provisions customary or appropriate to the 784
financing or to the obligations or to particular obligations 785
including, but not limited to: 786
(1) The redemption of obligations prior to maturity at the 788
option of the state or of the holder or upon the occurrence of 789
certain conditions at such price or prices and under such terms 790
and conditions as are provided in the bond proceedings; 791
(2) The form of and other terms of the obligations; 793
(3) The establishment, deposit, investment, and 795
application of special funds, and the safeguarding of moneys on 796
hand or on deposit, in lieu of otherwise applicable provisions of 797
Chapter 131. or 135. of the Revised Code, but subject to any 798
20
special provisions of this section with respect to particular 799
funds or moneys, and provided that any bank or trust company that 800
acts as a depository of any moneys in special funds may furnish 801
such indemnifying bonds or may pledge such securities as required
by the commissioners; 802
(4) Any or every provision of the bond proceedings binding 804
upon the commissioners and such state agency or local government 805
entities, officer, board, commission, authority, agency, 806
department, or other person or body as may from time to time have 807
the authority under law to take such actions as may be necessary 808
to perform all or any part of the duty required by such
provision; 809
(5) The maintenance of each pledge, any trust agreement, 811
or other instrument composing part of the bond proceedings until 812
the state has fully paid or provided for the payment of the bond 813
service charges on the obligations or met other stated 814
conditions;
(6) In the event of default in any payments required to be 816
made by the bond proceedings, or any other agreement of the 817
commissioners made as part of a contract under which the 818
obligations were issued or secured, the enforcement of such 819
payments or agreements by mandamus, suit in equity, action at
law, or any combination of the foregoing; 820
(7) The rights and remedies of the holders of obligations 822
and of the trustee under any trust agreement, and provisions for 823
protecting and enforcing them, including limitations on rights of 824
individual holders of obligations;
(8) The replacement of any obligations that become 826
mutilated or are destroyed, lost, or stolen; 827
(9) Provision for the funding, refunding, or advance 829
refunding or other provision for payment of obligations that will 830
then no longer be outstanding for purposes of sections 5528.51 to 831
5528.56 of the Revised Code or of the bond proceedings; 832
(10) Any provision that may be made in bond proceedings or 834
21
a trust agreement, including provision for amendment of the bond 835
proceedings;
(11) Any other or additional agreements with the holders 837
of the obligations relating to any of the foregoing; 838
(12) Such other provisions as the commissioners determine, 840
including limitations, conditions, or qualifications relating to 841
any of the foregoing. 842
(H) The great seal of the state or a facsimile of that 844
seal may be affixed to or printed on the obligations. The 845
obligations requiring signatures by the commissioners shall be 846
signed by or bear the facsimile signatures of two or more of the 847
commissioners as provided in the bond proceedings. Any 848
obligations may be signed by the person who, on the date of
execution, is the authorized signer although on the date of such 849
obligations such person was not a commissioner. In case the 850
individual whose signature or a facsimile of whose signature 851
appears on any obligation ceases to be a commissioner before 852
delivery of the obligation, such signature or facsimile is
nevertheless valid and sufficient for all purposes as if that 853
individual had remained the member until such delivery, and in 854
case the seal to be affixed to or printed on obligations has been 855
changed after the seal has been affixed to or a facsimile of the 856
seal has been printed on the obligations, that seal or facsimile 857
seal shall continue to be sufficient as to those obligations and
obligations issued in substitution or exchange therefor. 858
(I) The obligations are negotiable instruments and 860
securities under Chapter 1308. of the Revised Code, subject to 861
the provisions of the bond proceedings as to registration. 862
Obligations may be issued in coupon or in fully registered form, 863
or both, as the commissioners determine. Provision may be made 864
for the registration of any obligations with coupons attached as
to principal alone or as to both principal and interest, their 865
exchange for obligations so registered, and for the conversion or 866
reconversion into obligations with coupons attached of any 867
22
obligations registered as to both principal and interest, and for 868
reasonable charges for such registration, exchange, conversion, 869
and reconversion. Pending preparation of definitive obligations, 870
the commissioners may issue interim receipts or certificates
which shall be exchanged for such definitive obligations. 872
(J) Obligations may be sold at public sale or at private 874
sale, and at such price at, above or below par, as determined by 875
the commissioners in the bond proceedings. 876
(K) In the discretion of the commissioners, obligations 878
may be secured additionally by a trust agreement between the 879
state and a corporate trustee which may be any trust company or 880
bank having its principal place of business within the state. 881
Any trust agreement may contain the resolution authorizing the 882
issuance of the obligations, any provisions that may be contained 883
in the bond proceedings, and other provisions that are customary
or appropriate in an agreement of the type. 884
(L) Except to the extent that their rights are restricted 886
by the bond proceedings, any holder of obligations, or a trustee 887
under the bond proceedings may by any suitable form of legal 888
proceedings protect and enforce any rights under the laws of this 889
state or granted by the bond proceedings. Such rights include 890
the right to compel the performance of all duties of the
commissioners and the state. Each duty of the commissioners and 891
its employees, and of each state agency and local government 892
entity and its officers, members, or employees, undertaken 894
pursuant to the bond proceedings, is hereby established as a duty 895
of the commissioners, and of each such agency, local government 896
entity, officer, member, or employee having authority to perform
such duty, specifically enjoined by the law and resulting from an 897
office, trust, or station within the meaning of section 2731.01 898
of the Revised Code. The persons who are at the time the 899
commissioners of the sinking fund, or its employees, are not 900
liable in their personal capacities on any obligations or any 901
agreements of or with the commissioners relating to obligations
23
or under the bond proceedings. 902
(M) The commissioners may authorize and issue obligations 904
for the refunding, including funding and retirement, and advance 905
refunding with or without payment or redemption prior to 906
maturity, of any obligations previously issued. Such refunding 907
obligations may be issued in amounts sufficient to pay or to 908
provide for payment of the principal amount, including principal
amounts maturing prior to the redemption of the remaining 909
obligations, any redemption premium, and interest accrued or to 910
accrue to the maturity or redemption date or dates, payable on 911
the refunded obligations, and related financing costs and any 912
expenses incurred or to be incurred in connection with such
issuance and refunding. Subject to the applicable bond 913
proceedings, the portion of the proceeds of the sale of refunding 914
obligations issued under this division to be applied to bond 915
service charges on the prior obligations shall be credited to an 916
appropriate separate account in the bond service fund and held in
trust for the purpose by the commissioners or by a corporate 917
trustee. Obligations authorized under this division shall be 918
considered to be issued for those purposes for which such prior 919
obligations were issued, and, except as otherwise provided in 920
sections 5528.51 to 5528.56 of the Revised Code pertaining to
other obligations. 921
(N) The commissioners may authorize and issue obligations 923
in the form of bond anticipation notes and renew those notes from 924
time to time by the issuance of new notes. The holders of such 925
notes or appertaining interest coupons have the right to have 926
bond service charges on those notes paid solely from the moneys 927
and special funds that are or may be pledged to the payment of
bond service charges on those notes, including the proceeds of 928
such bonds or renewal notes, or both, as the commissioners 929
provide in the bond proceedings authorizing the notes. Such 930
notes may be additionally secured by convenants of the 932
commissioners to the effect that the commissioners and the state
24
will do such or all things necessary for the issuance of bonds or 933
renewal notes in the appropriate amount, and apply the proceeds 934
thereof to the extent necessary, to make full and timely payment 935
of the principal of and interest on such notes as provided in 936
such bond proceedings. For such purposes, the commissioners may
issue bonds or renewal notes in such principal amount and upon 937
such terms as may be necessary to provide moneys to pay when due 938
the principal of and interest on such notes. Except as otherwise 939
provided in sections 5528.51 to 5528.56 of the Revised Code, 940
notes authorized pursuant to this division are subject to 941
sections 5528.51 to 5528.56 of the Revised Code pertaining to 942
other obligations.
The commissioners in the bond proceedings authorizing the 944
issuance of bond anticipation notes shall set forth for the bonds 945
anticipated by such notes an estimated schedule of annual 946
principal payments for such bonds over a period of thirty years 947
from the earlier of the date of issuance of the notes or the date 948
of original issuance of prior notes in anticipation of those
bonds. While the notes are outstanding there shall be deposited, 949
as shall be provided in the bond proceedings for those notes, 950
from the sources authorized for payment of bond service charges 952
on the bonds, amounts sufficient to pay the principal of the 953
bonds anticipated as set forth in that estimated schedule during
the time the notes are outstanding, which amounts shall be used 954
solely to pay the principal of those notes or of the bonds 955
anticipated.
(O) Refunding or renewal obligations issued pursuant to 957
division (M) or (N) of this section shall not be counted against 959
the limitation on principal amount provided for in division (B) 960
of this section and shall be in addition to the amount authorized 961
by the general assembly as provided for in division (A) of this 962
section, to the extent the principal amount of those obligations 963
does not exceed the then outstanding principal amount of the 964
obligations to be refunded, renewed, or retired. For the 965
25
purposes of this section only, the principal amount of an
obligation issued to refund an outstanding obligation is the 966
amount on which interest or interest equivalent is initially 967
calculated and shall not be considered to include any premium 968
paid by the initial purchaser of such obligation. 969
(P) Obligations are lawful investments for banks, 971
societies for savings, savings and loan associations, deposit 972
guarantee associations, trust companies, trustees, fiduciaries, 973
insurance companies, including domestic for life and domestic not 974
for life, trustees or other officers having charge of sinking and 975
bond retirement or other special funds of political subdivisions
and taxing districts of this state, the commissioners of the 976
sinking fund, the administrator of workers' compensation, subject 977
to the approval of the workers' compensation board and the 978
industrial commission, the state teachers retirement system, the 980
public employees retirement system, the school employees
retirement system, and the police and firemen's disability and 982
pension fund, notwithstanding any other provisions of the Revised 983
Code or rules adopted pursuant thereto by any state agency with 984
respect to investments by them, and are also acceptable as 985
security for the deposit of public moneys. 986
(Q) Unless otherwise provided in any applicable bond 988
proceedings, moneys to the credit of or in the special funds 989
established by or pursuant to this section may be invested by or 990
on behalf of the commissioners only in notes, bonds, or other 991
direct obligations of the United States or of any agency or 993
instrumentality thereof, in obligations of this state or any 994
political subdivision of this state, in certificates of deposit
of any national bank located in this state and any bank, as 995
defined in section 1101.01 of the Revised Code, subject to 996
inspection by the superintendent of financial institutions, in 997
the Ohio subdivision's fund established pursuant to section 998
135.45 of the Revised Code, in no-front-end-load money market 999
mutual funds consisting exclusively of direct obligations of the 1,000
26
United States or of an agency or instrumentality thereof, and in 1,001
repurchase agreements, including those issued by any fiduciary, 1,002
secured by direct obligations of the United States or an agency 1,004
or instrumentality thereof, and in common trust funds established
in accordance with section 1109.20 of the Revised Code and 1,006
consisting exclusively of direct obligations of the United States 1,007
or of an agency or instrumentality thereof, notwithstanding 1,008
division (A)(4) of that section. The income from investments 1,010
shall be credited to such special funds or otherwise as the
commissioners determine in the bond proceedings, and the 1,011
investments may be sold or exchanged at such times as the 1,012
commissioners determine or authorize. 1,013
(R) Unless otherwise provided in any applicable bond 1,015
proceedings, moneys to the credit of or in a special fund shall 1,016
be disbursed on the order of the commissioners, provided that no 1,018
such order is required for the payment from the bond service fund 1,020
or other special fund when due of bond service charges or
required payments under credit enhancement facilities. 1,021
(S) The commissioners may covenant in the bond 1,023
proceedings, and any such covenants shall be controlling 1,024
notwithstanding any other provision of law, that the state and 1,025
the applicable officers and agencies of the state, including the 1,026
general assembly, shall, so long as any obligations are
outstanding in accordance with their terms, maintain statutory 1,027
authority for and cause to be charged and collected taxes, 1,028
excises, and other receipts of the state so that the receipts to 1,030
the bond service fund shall be sufficient in amounts to meet bond 1,031
service charges and for the establishment and maintenance of any 1,032
reserves and other requirements, including payment of financing
costs, provided for in the bond proceedings. 1,033
(T) The obligations, and the transfer of, and the 1,035
interest, interest equivalent, and other income and accreted 1,036
amounts from, including any profit made on the sale, exchange, or 1,037
other disposition of, the obligations shall at all times be free 1,038
27
from taxation, direct or indirect, within the state. 1,039
Sec. 5528.57. (A) THE COMMISSIONERS OF THE SINKING FUND 1,041
MAY AUTHORIZE AND ENTER INTO AGREEMENTS REGARDING THE ISSUANCE OF 1,042
GENERAL OBLIGATIONS, AND MAY AUTHORIZE THE ISSUANCE OF THOSE 1,043
GENERAL OBLIGATIONS PURSUANT TO SUCH AGREEMENTS, WITHIN AMOUNTS 1,044
AUTHORIZED FROM TIME TO TIME BY THE GENERAL ASSEMBLY, IN SUPPORT 1,045
OF AND IN COMBINATION WITH THE ISSUANCE OF INFRASTRUCTURE PROJECT 1,046
OBLIGATIONS PURSUANT TO SECTION 5531.10 OF THE REVISED CODE FOR
THE PURPOSE OF ASSISTING IN THE FINANCING OF PROJECTS, ALL IN 1,047
ACCORDANCE WITH SECTION 2m OF ARTICLE VIII, OHIO CONSTITUTION, 1,049
AND SECTIONS 5528.51 TO 5528.56 OF THE REVISED CODE EXCEPT AS
OTHERWISE PROVIDED IN THIS SECTION. ANY AGREEMENT AUTHORIZED AND 1,050
ENTERED INTO UNDER THIS SECTION MAY BE IRREVOCABLE AND MAY 1,051
CONTAIN SUCH OTHER TERMS AND CONDITIONS AS SHALL BE APPROVED BY 1,052
THE COMMISSIONERS CONSISTENT WITH THIS SECTION AND SECTIONS 1,053
5528.51 TO 5528.56 OF THE REVISED CODE.
(B) THE PRINCIPAL AMOUNT OF OBLIGATIONS AT THE TIME 1,055
AUTHORIZED BY THE COMMISSIONERS TO BE ISSUED PURSUANT TO THIS 1,056
SECTION SHALL BE INCLUDED IN THE FISCAL YEAR LIMITATION PROVIDED 1,057
FOR IN DIVISION (B) OF SECTION 5528.54 OF THE REVISED CODE FOR 1,058
THE FISCAL YEAR IN WHICH THE AUTHORIZATION OCCURS AND SHALL ALSO 1,059
BE INCLUDED IN THE MAXIMUM PRINCIPAL AMOUNT WHICH MAY BE
OUTSTANDING AT ANY ONE TIME UNDER DIVISION (B) OF SECTION 5528.54 1,060
OF THE REVISED CODE UNTIL SUCH TIME AS THE RELATED INFRASTRUCTURE 1,061
PROJECT OBLIGATIONS ARE NO LONGER OUTSTANDING. THE COMMISSIONERS 1,062
SHALL COVENANT WITH THE HOLDERS OF THE RELATED INFRASTRUCTURE 1,063
PROJECT OBLIGATIONS ISSUED IN COMBINATION WITH GENERAL
OBLIGATIONS UNDER THIS SECTION THAT THE OBLIGATIONS THAT MAY BE 1,064
ISSUED UNDER SECTION 5528.54 OF THE REVISED CODE SHALL NOT EXCEED 1,065
THE LIMITS SET FORTH IN THIS SECTION, AND SUCH COVENANT MAY BE 1,066
ENFORCED AS PROVIDED IN DIVISION (L) OF SECTION 5528.54 OF THE 1,067
REVISED CODE.
(C) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, SECTIONS 1,069
5528.51 TO 5528.56 OF THE REVISED CODE APPLY TO OBLIGATIONS 1,070
28
AUTHORIZED UNDER THIS SECTION.
(D) THE BOND PROCEEDINGS FOR OBLIGATIONS ISSUED UNDER THIS 1,072
SECTION MAY PROVIDE THAT THE SALE PROCEEDS OF THE OBLIGATIONS 1,073
SHALL BE DEPOSITED IN A SPECIAL FUND AND USED TO PAY BOND SERVICE 1,074
CHARGES ON THE INFRASTRUCTURE PROJECT OBLIGATIONS OR THAT THOSE 1,075
OBLIGATIONS, WHICH NEED NOT BE INTEREST-BEARING, MAY BE DEPOSITED 1,076
WITH THE TRUSTEE FOR THE INFRASTRUCTURE PROJECT OBLIGATIONS, IN 1,077
EITHER CASE IN EXCHANGE FOR AN ASSIGNMENT OF ALL OR PART OF THE 1,078
REVENUES TO BE RECEIVED BY THE TRUSTEE FOR PAYMENT OF BOND
SERVICE CHARGES ON THOSE INFRASTRUCTURE PROJECT OBLIGATIONS. 1,079
(E) ANY AGREEMENT AUTHORIZED AND DELIVERED UNDER THIS 1,081
SECTION IN COMBINATION WITH INFRASTRUCTURE PROJECT OBLIGATIONS 1,082
SHALL BE PRESUMED TO BE IN CONFORMITY WITH ALL LEGAL 1,083
REQUIREMENTS, AND ITS TERMS AND PROVISIONS SHALL BE INCONTESTABLE 1,084
UNLESS OTHERWISE CHALLENGED IN THE MANNER REFERRED TO IN DIVISION 1,085
(B) OF SECTION 133.02 OF THE REVISED CODE PRIOR TO THE DELIVERY
OF THE RELATED INFRASTRUCTURE PROJECT OBLIGATIONS. 1,086
Sec. 5721.01. (A) As used in this chapter: 1,095
(1) "Delinquent lands" means all lands upon which 1,097
delinquent taxes, as defined in section 323.01 of the Revised 1,098
Code, remain unpaid at the time a settlement is made between the 1,099
county treasurer and auditor pursuant to division (C) of section 1,100
321.24 of the Revised Code. 1,101
(2) "Delinquent vacant lands" means all lands that have 1,103
been delinquent lands for at least five years and that are 1,104
unimproved by any dwelling. 1,105
(B) As used in sections 5719.04 and, 5721.03, AND 5721.31 1,108
of the Revised Code and in any other sections of the Revised Code 1,109
to which those sections are applicable, a newspaper or newspaper 1,110
of general circulation shall be a publication bearing a title or 1,111
name, regularly issued as frequently as once a week for a 1,112
definite price or consideration paid for by not less than fifty 1,113
per cent of those to whom distribution is made, having a second 1,114
class mailing privilege, being not less than four pages, 1,115
29
published continuously during the immediately preceding one-year 1,116
period, and circulated generally in the political subdivision in 1,117
which it is published. Such publication shall be of a type to 1,118
which the general public resorts for passing events of a 1,119
political, religious, commercial, and social nature, current 1,120
happenings, announcements, miscellaneous reading matter, 1,121
advertisements, and other notices. 1,122
Sec. 5721.03. (A) At the time of making the delinquent 1,133
land list, as provided in section 5721.011 of the Revised Code, 1,134
the county auditor shall compile a delinquent tax list consisting 1,135
of all lands on the delinquent land list on which taxes have 1,136
become delinquent at the close of the collection period 1,137
immediately preceding the making of the delinquent land list. The 1,139
auditor shall also compile a delinquent vacant land tax list of 1,140
all delinquent vacant lands prior to the institution of any
foreclosure and forfeiture actions against delinquent vacant 1,141
lands under section 5721.14 of the Revised Code or any 1,142
foreclosure actions against delinquent vacant lands under section 1,143
5721.18 of the Revised Code. 1,144
The delinquent tax list, and the delinquent vacant land tax 1,146
list if one is compiled, shall contain all of the information 1,147
included on the delinquent land list, except that, if the 1,148
auditor's records show that the name of the person in whose name 1,149
the property currently is listed is not the name that appears on 1,150
the delinquent land list, the name used in the delinquent tax 1,151
list or the delinquent vacant land tax list shall be the name of 1,152
the person the auditor's records show as the person in whose name 1,153
the property currently is listed. 1,154
Lands that have been included in a previously published 1,156
delinquent tax list shall not be included in the delinquent tax 1,157
list so long as taxes have remained delinquent on such lands for 1,158
the entire intervening time. 1,159
In either list, there may be included lands that have been 1,161
omitted in error from a prior list and lands with respect to 1,162
30
which the auditor has received a certification that an 1,163
undertaking has become void since the publication of the last 1,164
previously published list, provided the name of the owner was 1,165
stricken from a prior list under section 5721.02 of the Revised 1,166
Code. 1,167
(B)(1) The auditor shall cause the delinquent tax list and 1,169
the delinquent vacant land tax list, if one is compiled, to be 1,170
published twice within sixty days after the delivery of the 1,171
delinquent land duplicate to the county treasurer, in a newspaper 1,172
of general circulation in the county. The publication shall be 1,173
printed in the English language. 1,174
The auditor shall insert display notices of the forthcoming 1,176
publication of the delinquent tax list and, if it is to be 1,177
published, the delinquent vacant land tax list once a week for 1,178
two consecutive weeks in a newspaper of general circulation in 1,179
the county. The display notices shall contain the times and 1,180
methods of payment of taxes provided by law, including 1,181
information concerning installment payments made in accordance 1,182
with a written undertaking. The display notice for the 1,183
delinquent tax list also shall include a notice that an interest 1,184
charge will accrue on accounts remaining unpaid after the last 1,185
day of November unless the taxpayer enters a written undertaking 1,186
to pay such taxes in installments. The display notice for the 1,187
delinquent vacant land tax list if it is to be published also 1,188
shall include a notice that delinquent vacant lands in the list 1,189
are lands on which taxes have remained unpaid for five years 1,190
after being certified delinquent, and that they are subject to 1,191
foreclosure proceedings as provided in section 323.25 or 5721.18 1,192
of the Revised Code, or foreclosure and forfeiture proceedings as 1,193
provided in section 5721.14 of the Revised Code. Each display 1,194
notice also shall STATE THAT THE LANDS ARE SUBJECT TO A TAX 1,195
CERTIFICATE SALE UNDER SECTION 5721.32 OR 5721.33 OF THE REVISED 1,196
CODE, AS THE CASE MAY BE, AND SHALL include any other information 1,197
that the auditor considers pertinent to the purpose of the 1,199
31
notice. The display notices shall be furnished by the auditor to 1,200
the newspapers selected to publish the lists at least ten days 1,201
before their first publication. 1,202
(2) Publication of the list or lists may be made by a 1,204
newspaper in installments, provided the complete publication of 1,205
each list is made twice during the sixty-day period. 1,206
(3) There shall be attached to the delinquent tax list a 1,208
notice that the delinquent lands will be certified for 1,209
foreclosure by the auditor unless the taxes, assessments, 1,210
interest, and penalties due and owing on them are paid. There 1,211
shall be attached to the delinquent vacant land tax list, if it 1,212
is to be published, a notice that delinquent vacant lands will be 1,213
certified for foreclosure or foreclosure and forfeiture by the 1,214
auditor unless the taxes, assessments, interest, and penalties 1,215
due and owing on them are paid within twenty-eight days after the 1,216
final publication of the notice. 1,217
(4) The auditor shall review the first publication of each 1,219
list for accuracy and completeness and may correct any errors 1,220
appearing in the list in the second publication. 1,221
(C) For the purposes of section 5721.18 of the Revised 1,223
Code, land is first certified delinquent on the date of the 1,224
certification of the delinquent land list containing that land. 1,225
Sec. 5721.06. (A)(1) The form of the notice required to 1,236
be attached to the published delinquent tax list by division 1,237
(B)(3) of section 5721.03 of the Revised Code shall be in 1,238
substance as follows: 1,239
"DELINQUENT LAND TAX NOTICE 1,241
The lands, lots, and parts of lots returned delinquent by 1,243
the county treasurer of ................... county, with the 1,244
taxes, assessments, interest, and penalties, charged against them 1,245
agreeably to law, are contained and described in the following 1,246
list: (Here insert the list with the names of the owners of such 1,247
respective tracts of land or town lots as designated on the 1,248
delinquent tax list. If, prior to forty-eight hours before the 1,249
32
publication of the list, an undertaking has been entered into 1,250
under section 323.31 of the Revised Code, the owner's name may be 1,251
stricken from the list or designated by an asterisk shown in the 1,252
margin next to the owner's name.) 1,253
Notice is hereby given that the whole of such several 1,255
lands, lots, or parts of lots will be certified for foreclosure 1,256
by the county auditor pursuant to law unless the whole of the 1,257
delinquent taxes, assessments, interest, and penalties are paid 1,258
within one year OR UNLESS A TAX CERTIFICATE WITH RESPECT TO THE 1,259
PARCEL IS SOLD UNDER SECTION 5721.32 OR 5721.33 OF THE REVISED 1,260
CODE. The names of persons who have entered into a written 1,263
undertaking with the county treasurer to discharge the
delinquency are designated by an asterisk or have been stricken 1,264
from the list." 1,265
(2) IF THE COUNTY TREASURER HAS CERTIFIED TO THE COUNTY 1,267
AUDITOR THAT THE TREASURER INTENDS TO OFFER FOR SALE A TAX 1,268
CERTIFICATE WITH RESPECT TO ONE OR MORE PARCELS OF DELINQUENT 1,269
LAND UNDER SECTION 5721.32 OR 5721.33 OF THE REVISED CODE, THE 1,270
FORM OF THE NOTICE SHALL INCLUDE THE FOLLOWING STATEMENT, 1,272
APPENDED AFTER THE SECOND PARAGRAPH OF THE NOTICE PRESCRIBED BY
DIVISION (A)(1) OF THIS SECTION: 1,274
"NOTICE ALSO IS HEREBY GIVEN THAT A TAX CERTIFICATE MAY BE 1,276
OFFERED FOR SALE UNDER SECTION 5721.32 OR 5721.33 OF THE REVISED 1,277
CODE WITH RESPECT TO THOSE PARCELS SHOWN ON THIS LIST. IF A TAX 1,279
CERTIFICATE ON A PARCEL IS PURCHASED, THE PURCHASER OF THE TAX 1,280
CERTIFICATE ACQUIRES THE STATE'S OR ITS TAXING DISTRICT'S FIRST 1,281
LIEN AGAINST THE PROPERTY, AND AN ADDITIONAL INTEREST CHARGE OF 1,282
UP TO EIGHTEEN PER CENT PER ANNUM SHALL BE ASSESSED AGAINST THE 1,283
PARCEL. IN ADDITION, FAILURE BY THE OWNER OF THE PARCEL TO 1,284
REDEEM THE TAX CERTIFICATE MAY RESULT IN FORECLOSURE PROCEEDINGS 1,285
AGAINST THE PARCEL. NO TAX CERTIFICATE SHALL BE OFFERED FOR SALE
IF THE OWNER OF THE PARCEL HAS EITHER DISCHARGED THE LIEN BY 1,287
PAYING TO THE COUNTY TREASURER IN CASH THE AMOUNT OF DELINQUENT 1,288
TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES CHARGED 1,289
33
AGAINST THE PROPERTY, OR HAS ENTERED INTO A VALID UNDERTAKING
PURSUANT TO SECTION 323.31 OF THE REVISED CODE TO PAY THOSE 1,291
AMOUNTS IN INSTALLMENTS."
(B) The form of the notice required to be attached to the 1,293
published delinquent vacant land tax list by division (B)(3) of 1,294
section 5721.03 of the Revised Code shall be in substance as 1,295
follows: 1,296
"DELINQUENT VACANT LAND TAX NOTICE 1,298
The delinquent vacant lands returned delinquent by the 1,300
county treasurer of ................. county, with the taxes, 1,301
assessments, interest, and penalties charged against them 1,302
according to law, and remaining delinquent for five years, are 1,303
contained and described in the following list: (here insert the 1,304
list with the names of the owners of the respective tracts of 1,305
land as designated on the delinquent vacant land tax list. If, 1,306
prior to forty-eight hours before the publication of the list, an 1,307
undertaking has been entered into under section 323.31 of the 1,308
Revised Code, the owner's name may be stricken from the list or 1,309
designated by an asterisk shown in the margin next to the owner's 1,310
name.) 1,311
Notice is hereby given that these delinquent vacant lands 1,313
will be certified for foreclosure or foreclosure and forfeiture 1,314
by the county auditor pursuant to law unless the whole of the 1,315
delinquent taxes, assessments, interest, and penalties are paid 1,316
within twenty-eight days after the final publication of this 1,317
notice. The names of persons who have entered into a written 1,318
undertaking with the county treasurer to discharge the 1,319
delinquency are designated by an asterisk or have been stricken 1,320
from the list." 1,321
Sec. 5721.10. The EXCEPT AS OTHERWISE PROVIDED UNDER 1,332
SECTIONS 5721.30 TO 5721.41 OF THE REVISED CODE, THE state shall 1,333
have the first lien on the lands and lots described in the 1,334
delinquent land list, for the amount of taxes, assessments, 1,335
interest, and penalty charged prior to the delivery of such list. 1,336
34
If the taxes have not been paid for one year after having been 1,337
certified as delinquent, the state shall institute foreclosure 1,338
proceedings in the manner provided by sections 5721.01 to 5721.28 1,339
of the Revised Code UNLESS A TAX CERTIFICATE RESPECTING THAT 1,340
PROPERTY HAS BEEN SOLD UNDER SECTION 5721.32 OR 5721.33 OF THE
REVISED CODE, OR unless such taxes are the subject of a valid 1,343
undertaking under section 323.31 of the Revised Code for which 1,344
the county treasurer has not made certification to the county 1,345
auditor that the undertaking has become void, and there shall be 1,346
taxed by the. THE court SHALL LEVY, as costs in the foreclosure 1,348
proceedings instituted on said certification, the cost of an 1,349
abstract or certificate of title to the property described in 1,350
said certification, if the same is required by the court, to be 1,351
paid into the general fund of the county. Such sections SECTIONS 1,352
5721.01 TO 5721.28 OF THE REVISED CODE do not prevent the partial 1,353
payment of such delinquent taxes, assessments, interest, and 1,354
penalty during the period the delinquency is being discharged in 1,355
accordance with an undertaking under section 323.31 of the 1,356
Revised Code, but such partial payments may be made and received 1,357
as provided by law without prejudice to the right of the state to 1,358
institute foreclosure proceedings for any amount then remaining 1,359
unpaid if the county treasurer certifies to the county auditor 1,360
that the undertaking has become void. 1,361
Sec. 5721.30. AS USED IN SECTIONS 5721.30 TO 5721.41 OF 1,363
THE REVISED CODE:
(A) "TAX CERTIFICATE," "CERTIFICATE," OR "DUPLICATE 1,365
CERTIFICATE" MEANS A DOCUMENT WHICH MAY BE ISSUED AS A PHYSICAL 1,366
CERTIFICATE, IN BOOK-ENTRY FORM, OR THROUGH AN ELECTRONIC MEDIUM, 1,367
AT THE DISCRETION OF THE COUNTY TREASURER. SUCH DOCUMENT SHALL 1,368
CONTAIN THE INFORMATION REQUIRED BY SECTION 5721.31 OF THE 1,370
REVISED CODE AND SHALL BE PREPARED, TRANSFERRED, OR REDEEMED IN
THE MANNER PRESCRIBED BY SECTIONS 5721.30 TO 5721.41 OF THE 1,373
REVISED CODE. AS USED IN THOSE SECTIONS, "TAX CERTIFICATE," 1,374
"CERTIFICATE," AND "DUPLICATE CERTIFICATE" DO NOT REFER TO THE 1,376
35
DELINQUENT LAND TAX CERTIFICATE OR THE DELINQUENT VACANT LAND TAX
CERTIFICATE ISSUED UNDER SECTION 5721.13 OF THE REVISED CODE. 1,377
(B) "CERTIFICATE PARCEL" MEANS THE PARCEL OF DELINQUENT 1,379
LAND THAT IS THE SUBJECT OF AND IS DESCRIBED IN A TAX 1,381
CERTIFICATE.
(C) "CERTIFICATE HOLDER" MEANS A PERSON WHO PURCHASES A 1,383
TAX CERTIFICATE UNDER SECTION 5721.32 OR 5721.33 OF THE REVISED 1,385
CODE, OR A PERSON TO WHOM A TAX CERTIFICATE HAS BEEN TRANSFERRED 1,387
PURSUANT TO SECTION 5721.36 OF THE REVISED CODE.
(D) "CERTIFICATE PURCHASE PRICE" MEANS, WITH RESPECT TO 1,389
THE SALE OF TAX CERTIFICATES UNDER SECTIONS 5721.32 AND 5721.33 1,390
OF THE REVISED CODE, THE AMOUNT EQUAL TO DELINQUENT TAXES, 1,392
ASSESSMENTS, PENALTIES, AND INTEREST COMPUTED UNDER SECTION 1,394
323.121 OF THE REVISED CODE CHARGED AGAINST A CERTIFICATE PARCEL 1,395
AT THE TIME THE TAX CERTIFICATE RESPECTING THAT PARCEL IS SOLD, 1,396
NOT INCLUDING ANY DELINQUENT TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES, THE LIEN FOR WHICH HAS BEEN CONVEYED TO A 1,397
CERTIFICATE HOLDER THROUGH A PRIOR SALE OF A TAX CERTIFICATE 1,398
RESPECTING THAT PARCEL; PROVIDED, HOWEVER, THAT PAYMENT OF THE 1,399
CERTIFICATE PURCHASE PRICE IN A SALE UNDER SECTION 5721.33 OF THE 1,400
REVISED CODE MAY BE MADE WHOLLY IN CASH OR PARTIALLY IN CASH AND 1,401
PARTIALLY BY NONCASH CONSIDERATION ACCEPTABLE TO THE COUNTY
TREASURER FROM THE PURCHASER. IN THE EVENT THAT ANY SUCH NONCASH 1,402
CONSIDERATION IS DELIVERED TO PAY A PORTION OF THE CERTIFICATE 1,403
PURCHASE PRICE, SUCH NONCASH CONSIDERATION MAY BE SUBORDINATE TO 1,404
THE RIGHTS OF THE HOLDERS OF OTHER OBLIGATIONS WHOSE PROCEEDS 1,405
PAID THE CASH PORTION OF THE CERTIFICATE PURCHASE PRICE. 1,406
"CERTIFICATE PURCHASE PRICE" ALSO INCLUDES THE AMOUNT OF 1,408
THE FEE CHARGED BY THE COUNTY TREASURER TO THE PURCHASER OF THE 1,410
CERTIFICATE UNDER DIVISION (H) OF SECTION 5721.32 OF THE REVISED 1,411
CODE.
(E) WITH RESPECT TO A SALE OF TAX CERTIFICATES UNDER 1,413
SECTION 5721.32 OF THE REVISED CODE AND EXCEPT AS PROVIDED IN 1,414
DIVISION (E)(3) OF THIS SECTION, "CERTIFICATE REDEMPTION PRICE" 1,415
36
MEANS THE AMOUNT DETERMINED UNDER DIVISION (E)(1) OR (2) OF THIS 1,416
SECTION.
(1) DURING THE FIRST YEAR AFTER THE DATE ON WHICH A TAX 1,418
CERTIFICATE IS SOLD, THE SUM OF THE FOLLOWING: 1,419
(a) THE CERTIFICATE PURCHASE PRICE; 1,421
(b) THE GREATER OF THE FOLLOWING: 1,423
(i) INTEREST, AT THE CERTIFICATE RATE OF INTEREST, 1,426
ACCRUING DURING THE CERTIFICATE INTEREST PERIOD ON THE 1,427
CERTIFICATE PURCHASE PRICE;
(ii) SIX PER CENT OF THE CERTIFICATE PURCHASE PRICE. 1,430
(c) THE FEE CHARGED BY THE COUNTY TREASURER TO THE 1,433
PURCHASER OF THE CERTIFICATE UNDER DIVISION (H) OF SECTION 1,434
5721.32 OF THE REVISED CODE. 1,435
(2) AFTER THE FIRST YEAR AFTER THE DATE ON WHICH A TAX 1,437
CERTIFICATE IS SOLD, THE SUM OF THE FOLLOWING: 1,438
(a)(i) IF DIVISION (E)(1)(b)(i) APPLIED DURING THE FIRST 1,442
YEAR, THE CERTIFICATE PURCHASE PRICE; 1,443
(ii) IF DIVISION (E)(1)(b)(ii) APPLIED DURING THE FIRST 1,446
YEAR, THE SUM OF THE CERTIFICATE PURCHASE PRICE PLUS SIX PER CENT 1,447
OF THE CERTIFICATE PURCHASE PRICE. 1,448
(b)(i) IF DIVISION (E)(1)(b)(i) APPLIED DURING THE FIRST 1,452
YEAR, INTEREST AT THE CERTIFICATE RATE OF INTEREST ACCRUING 1,453
DURING THE CERTIFICATE INTEREST PERIOD ON THE CERTIFICATE 1,454
PURCHASE PRICE;
(ii) IF DIVISION (E)(1)(b)(ii) APPLIED DURING THE FIRST 1,457
YEAR, INTEREST AT THE CERTIFICATE RATE OF INTEREST, ACCRUING 1,458
DURING THE PART OF THE CERTIFICATE INTEREST PERIOD THAT BEGINS 1,459
ONE YEAR AFTER THE DATE OF THE SALE OF THE CERTIFICATE, ON THE 1,460
SUM OF THE CERTIFICATE PURCHASE PRICE PLUS SIX PER CENT OF THE 1,461
CERTIFICATE PURCHASE PRICE.
(c) THE FEE CHARGED BY THE COUNTY TREASURER TO THE 1,464
PURCHASER OF THE CERTIFICATE UNDER DIVISION (H) OF SECTION 1,465
5721.32 OF THE REVISED CODE.
(3) IF THE CERTIFICATE RATE OF INTEREST EQUALS ZERO, THE 1,467
37
CERTIFICATE REDEMPTION PRICE EQUALS THE CERTIFICATE PURCHASE 1,469
PRICE PLUS THE FEE CHARGED BY THE COUNTY TREASURER TO THE
PURCHASER OF THE CERTIFICATE UNDER DIVISION (H) OF SECTION 1,470
5721.32 OF THE REVISED CODE.
(F) WITH RESPECT TO A SALE OF TAX CERTIFICATES UNDER 1,472
SECTION 5721.33 OF THE REVISED CODE, "CERTIFICATE REDEMPTION 1,474
PRICE" MEANS THE AMOUNT EQUAL TO THE SUM OF THE FOLLOWING: 1,475
(1) THE CERTIFICATE PURCHASE PRICE; 1,477
(2) INTEREST ACCRUED ON THE CERTIFICATE PURCHASE PRICE AT 1,479
THE CERTIFICATE RATE OF INTEREST FROM THE DATE ON WHICH A TAX 1,480
CERTIFICATE IS DELIVERED THROUGH AND INCLUDING THE DAY 1,481
IMMEDIATELY PRECEDING THE DAY ON WHICH THE CERTIFICATE REDEMPTION 1,482
PRICE IS PAID;
(3) THE FEE, IF ANY, CHARGED BY THE COUNTY TREASURER TO 1,484
THE PURCHASER OF THE CERTIFICATE UNDER DIVISION (J) OF SECTION 1,485
5721.33 OF THE REVISED CODE;
(4) ANY OTHER FEES CHARGED BY ANY COUNTY OFFICE IN 1,487
CONNECTION WITH THE RECORDING OF TAX CERTIFICATES. 1,488
(G) "CERTIFICATE RATE OF INTEREST" MEANS THE RATE OF 1,490
SIMPLE INTEREST PER YEAR BID BY THE WINNING BIDDER IN AN AUCTION 1,491
OF A TAX CERTIFICATE HELD UNDER SECTION 5721.32 OF THE REVISED 1,492
CODE, OR THE RATE OF SIMPLE INTEREST PER YEAR NOT TO EXCEED 1,493
EIGHTEEN PER CENT PER YEAR FIXED BY THE COUNTY TREASURER WITH
RESPECT TO ANY TAX CERTIFICATE SOLD PURSUANT TO A NEGOTIATED SALE 1,495
UNDER SECTION 5721.33 OF THE REVISED CODE. 1,496
(H) "CASH" MEANS UNITED STATES CURRENCY, CERTIFIED CHECKS, 1,499
MONEY ORDERS, BANK DRAFTS, OR ELECTRONIC TRANSFER OF FUNDS, AND 1,500
EXCLUDES ANY OTHER FORM OF PAYMENT.
(I) "THE DATE ON WHICH A TAX CERTIFICATE IS SOLD," "THE 1,502
DATE THE CERTIFICATE WAS SOLD," "THE DATE THE CERTIFICATE IS 1,503
PURCHASED," AND ANY OTHER PHRASE OF SIMILAR CONTENT MEAN, WITH 1,504
RESPECT TO A SALE PURSUANT TO AN AUCTION UNDER SECTION 5721.32 OF 1,505
THE REVISED CODE, THE DATE DESIGNATED BY THE COUNTY TREASURER FOR
THE SUBMISSION OF BIDS AND, WITH RESPECT TO A NEGOTIATED SALE 1,506
38
UNDER SECTION 5721.33 OF THE REVISED CODE, THE DATE OF DELIVERY 1,507
OF THE TAX CERTIFICATES TO THE PURCHASERS THEREOF PURSUANT TO A 1,508
TAX CERTIFICATE SALE/PURCHASE AGREEMENT.
(J) "PURCHASER OF A TAX CERTIFICATE PURSUANT TO SECTION 1,510
5721.32 OF THE REVISED CODE" MEANS THE WINNING BIDDER IN AN 1,511
AUCTION OF A TAX CERTIFICATE HELD UNDER SECTION 5721.32 OF THE 1,512
REVISED CODE.
(K) "CERTIFICATE INTEREST PERIOD" MEANS, WITH RESPECT TO A 1,514
TAX CERTIFICATE SOLD UNDER SECTION 5721.32 OF THE REVISED CODE, 1,515
THE PERIOD BEGINNING ON THE DATE THE CERTIFICATE IS PURCHASED 1,517
AND, WITH RESPECT TO A TAX CERTIFICATE SOLD UNDER SECTION 5721.33 1,518
OF THE REVISED CODE, THE PERIOD BEGINNING ON THE DATE OF DELIVERY 1,519
OF THE TAX CERTIFICATE, AND IN EITHER CASE ENDING ON ONE OF THE 1,520
FOLLOWING DATES:
(1) IN THE CASE OF FORECLOSURE PROCEEDINGS INSTITUTED 1,522
UNDER SECTION 5721.37 OF THE REVISED CODE, THE DATE THE 1,524
CERTIFICATE HOLDER SUBMITS A PAYMENT TO THE TREASURER UNDER 1,525
DIVISION (B) OF THAT SECTION;
(2) IN THE CASE OF A CERTIFICATE PARCEL REDEEMED UNDER 1,528
DIVISION (A) OR (C) OF SECTION 5721.38 OF THE REVISED CODE, THE 1,529
DATE THE OWNER OF RECORD OF THE CERTIFICATE PARCEL, OR ANY OTHER 1,530
PERSON ENTITLED TO REDEEM THAT PARCEL, PAYS TO THE COUNTY 1,531
TREASURER OR TO THE CERTIFICATE HOLDER, AS APPLICABLE, THE FULL 1,532
AMOUNT DETERMINED UNDER THAT SECTION. 1,533
(L) "COUNTY TREASURER" MEANS, WITH RESPECT TO THE SALE OF 1,535
TAX CERTIFICATES UNDER SECTION 5721.32 OF THE REVISED CODE, THE 1,536
COUNTY TREASURER OF A COUNTY HAVING A POPULATION OF AT LEAST TWO 1,537
HUNDRED THOUSAND ACCORDING TO THE THEN MOST RECENT FEDERAL 1,538
DECENNIAL CENSUS AND, WITH RESPECT TO THE SALE OF TAX
CERTIFICATES UNDER SECTION 5721.33 OF THE REVISED CODE, THE 1,539
COUNTY TREASURER OF A COUNTY HAVING A POPULATION OF AT LEAST ONE 1,540
MILLION FOUR HUNDRED THOUSAND ACCORDING TO THE THEN MOST RECENT 1,542
FEDERAL DECENNIAL CENSUS.
(M) "QUALIFIED TRUSTEE" MEANS A TRUST COMPANY WITHIN THE 1,544
39
STATE OR A BANK HAVING THE POWER OF A TRUST COMPANY WITHIN THE 1,545
STATE WITH A COMBINED CAPITAL STOCK, SURPLUS, AND UNDIVIDED 1,546
PROFITS OF AT LEAST ONE HUNDRED MILLION DOLLARS. 1,547
(N) "TAX CERTIFICATE SALE/PURCHASE AGREEMENT" MEANS THE 1,549
PURCHASE AND SALE AGREEMENT DESCRIBED IN DIVISION (C) OF SECTION 1,550
5721.33 OF THE REVISED CODE SETTING FORTH THE CERTIFICATE 1,551
PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM OR LESS ANY 1,552
APPLICABLE DISCOUNT, INCLUDING, WITHOUT LIMITATION, THE AMOUNT
THEREOF TO BE PAID IN CASH AND THE AMOUNT AND NATURE OF ANY 1,553
NONCASH CONSIDERATION, THE DATE OF DELIVERY OF THE TAX 1,554
CERTIFICATES, AND THE OTHER TERMS AND CONDITIONS OF THE SALE, 1,555
INCLUDING, WITHOUT LIMITATION, THE RATE OF INTEREST THAT THE TAX 1,556
CERTIFICATES SHALL BEAR.
(O) "NONCASH CONSIDERATION" MEANS ANY FORM OF 1,558
CONSIDERATION OTHER THAN CASH, INCLUDING, BUT NOT LIMITED TO, 1,559
PROMISSORY NOTES WHETHER SUBORDINATE OR OTHERWISE. 1,560
(P) "PRIVATE ATTORNEY" MEANS FOR PURPOSES OF SECTION 1,562
5721.37 OF THE REVISED CODE, ANY ATTORNEY LICENSED TO PRACTICE 1,563
LAW IN THIS STATE, WHETHER PRACTICING WITH A FIRM OF ATTORNEYS OR 1,564
OTHERWISE, WHOSE LICENSE HAS NOT BEEN REVOKED OR OTHERWISE 1,565
SUSPENDED AND WHO BRINGS FORECLOSURE PROCEEDINGS PURSUANT TO
SECTION 5721.37 OF THE REVISED CODE ON BEHALF OF A CERTIFICATE 1,566
HOLDER.
(Q) "RELATED CERTIFICATE PARCEL" MEANS, WITH RESPECT TO A 1,568
CERTIFICATE HOLDER, THE CERTIFICATE PARCEL WITH RESPECT TO WHICH 1,569
THE CERTIFICATE HOLDER HAS PURCHASED AND HOLDS A TAX CERTIFICATE 1,570
PURSUANT TO SECTIONS 5721.30 TO 5721.41 OF THE REVISED CODE AND, 1,571
WITH RESPECT TO A TAX CERTIFICATE, THE CERTIFICATE PARCEL AGAINST 1,572
WHICH THE TAX CERTIFICATE HAS BEEN SOLD PURSUANT TO THOSE 1,573
SECTIONS.
Sec. 5721.31. (A) AFTER RECEIPT OF A DUPLICATE OF THE 1,575
DELINQUENT LAND LIST COMPILED UNDER SECTION 5721.011 OF THE 1,576
REVISED CODE, OR A DELINQUENT LAND LIST COMPILED PREVIOUSLY UNDER 1,577
THAT SECTION, FOR A COUNTY HAVING A POPULATION OF AT LEAST TWO 1,578
40
HUNDRED THOUSAND ACCORDING TO THE MOST RECENT FEDERAL DECENNIAL 1,579
CENSUS, THE COUNTY TREASURER MAY SELECT FROM THE LIST PARCELS OF 1,580
DELINQUENT LAND THE LIEN AGAINST WHICH THE COUNTY TREASURER MAY 1,581
ATTEMPT TO TRANSFER BY THE SALE OF TAX CERTIFICATES UNDER 1,582
SECTIONS 5721.30 TO 5721.41 OF THE REVISED CODE. THE COUNTY 1,583
TREASURER MAY SELECT ONLY THOSE ELIGIBLE PARCELS FOR WHICH TAXES, 1,584
ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES HAVE NOT YET BEEN 1,585
PAID OR FOR WHICH A VALID UNDERTAKING UNDER SECTION 323.31 OF THE 1,587
REVISED CODE IS NOT IN FORCE. EACH CERTIFICATE SHALL CONTAIN THE 1,588
SAME INFORMATION AS IS REQUIRED TO BE CONTAINED IN THE DELINQUENT 1,589
LAND LIST. THE COUNTY TREASURER SHALL COMPILE A SEPARATE LIST, 1,590
THE LIST OF PARCELS SELECTED FOR TAX CERTIFICATE SALES, INCLUDING 1,592
THE SAME INFORMATION AS IS REQUIRED TO BE INCLUDED IN THE 1,593
DELINQUENT LAND LIST.
UPON COMPILING THE LIST OF PARCELS SELECTED FOR TAX 1,595
CERTIFICATE SALES, THE COUNTY TREASURER MAY CONDUCT A TITLE 1,596
SEARCH FOR ANY PARCEL ON THE LIST. 1,597
(B)(1) WHEN TAX CERTIFICATES ARE TO BE SOLD UNDER SECTION 1,599
5721.32 OF THE REVISED CODE WITH RESPECT TO PARCELS, THE COUNTY 1,600
TREASURER SHALL SEND WRITTEN NOTICE BY CERTIFIED OR REGISTERED 1,601
MAIL TO EITHER THE OWNER OR ALL INTERESTED PARTIES, OR BOTH, OF 1,602
EACH PARCEL ON THE LIST. THE NOTICE SHALL INFORM THE OWNER OR 1,603
INTERESTED PARTIES THAT A TAX CERTIFICATE WILL BE OFFERED FOR 1,605
SALE ON THE PARCEL, AND THAT THE OWNER OR INTERESTED PARTIES MAY 1,606
INCUR ADDITIONAL EXPENSES AS A RESULT OF THE SALE. 1,607
(2) WHEN TAX CERTIFICATES ARE TO BE SOLD UNDER SECTION 1,609
5721.33 OF THE REVISED CODE WITH RESPECT TO PARCELS, THE COUNTY 1,610
TREASURER, AT LEAST NINETY DAYS PRIOR TO THE DATE OF SALE OF SUCH 1,611
TAX CERTIFICATES, SHALL SEND WRITTEN NOTICE OF THE SALE BY 1,612
CERTIFIED OR REGISTERED MAIL, OR BOTH, TO THE LAST KNOWN ADDRESS
OF THE RECORD OWNER OF THE PROPERTY OR PARCEL AND TO ALL PARTIES 1,613
WITH AN INTEREST IN THE PROPERTY THAT HAS BEEN RECORDED IN THE 1,614
PROPERTY RECORDS OF THE COUNTY PURSUANT TO SECTION 317.08 OF THE 1,615
REVISED CODE. THE NOTICE SHALL STATE THAT A TAX CERTIFICATE WILL 1,616
41
BE OFFERED FOR SALE ON THE PARCEL, AND THAT THE OWNER OR
INTERESTED PARTIES MAY INCUR ADDITIONAL EXPENSES AS A RESULT OF 1,617
THE SALE.
(C) THE COUNTY TREASURER SHALL ADVERTISE THE SALE OF TAX 1,620
CERTIFICATES UNDER SECTION 5721.32 OF THE REVISED CODE IN A
MANNER OR MEDIUM DETERMINED BY THE COUNTY TREASURER, IN THE 1,622
COUNTY TREASURER'S DISCRETION, TO GIVE REASONABLE NOTICE TO 1,623
PARTIES INTERESTED IN THE PURCHASE OF TAX CERTIFICATES. THE 1,625
COUNTY TREASURER SHALL ADVERTISE THE SALE OF TAX CERTIFICATES IN
A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY, ONCE A WEEK FOR 1,626
THREE CONSECUTIVE WEEKS. THE ADVERTISEMENT SHALL INCLUDE THE 1,627
DATE, THE TIME, AND THE PLACE OF THE PUBLIC AUCTION, DESCRIPTIONS 1,628
OF THE PARCELS, AND THE NAMES OF THE OWNERS OF RECORD OF THE 1,629
PARCELS.
(D) AFTER THE COUNTY TREASURER HAS COMPILED THE LIST OF 1,631
PARCELS SELECTED FOR TAX CERTIFICATE SALES BUT BEFORE A TAX 1,632
CERTIFICATE RESPECTING A PARCEL IS SOLD, IF THE OWNER OF RECORD 1,633
OF THE PARCEL PAYS TO THE COUNTY TREASURER IN CASH THE FULL 1,634
AMOUNT OF DELINQUENT TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND 1,635
CHARGES THEN DUE AND PAYABLE OR ENTERS INTO A VALID UNDERTAKING 1,636
UNDER SECTION 323.31 OF THE REVISED CODE TO PAY THAT AMOUNT, THE 1,637
OWNER OF RECORD OF THE PARCEL ALSO SHALL PAY A FEE IN AN AMOUNT 1,639
PRESCRIBED BY THE TREASURER TO COVER THE ADMINISTRATIVE COSTS OF 1,640
THE TREASURER UNDER THIS SECTION RESPECTING THE PARCEL AND
CREDITED TO THE TAX CERTIFICATE ADMINISTRATION FUND. 1,641
(E) A TAX CERTIFICATE ADMINISTRATION FUND SHALL BE CREATED 1,644
IN THE COUNTY TREASURY OF EACH COUNTY SELLING TAX CERTIFICATES 1,645
UNDER SECTIONS 5721.30 TO 5721.41 OF THE REVISED CODE. THE FUND 1,647
SHALL BE ADMINISTERED BY THE COUNTY TREASURER, AND USED SOLELY 1,648
FOR THE PURPOSES OF SECTIONS 5721.30 TO 5721.41 OF THE REVISED 1,651
CODE. ANY FEE RECEIVED BY THE TREASURER UNDER SECTIONS 5721.30 1,652
TO 5721.41 OF THE REVISED CODE SHALL BE CREDITED TO THE FUND, 1,655
EXCEPT THE BIDDER REGISTRATION FEE UNDER DIVISION (B) OF SECTION 1,656
5721.32 OF THE REVISED CODE AND THE COUNTY PROSECUTING ATTORNEY'S 1,659
42
FEE UNDER DIVISION (B)(3) OF SECTION 5721.37 OF THE REVISED CODE. 1,662
(F) THE COUNTY TREASURERS OF MORE THAN ONE COUNTY MAY 1,665
JOINTLY CONDUCT A REGIONAL SALE OF TAX CERTIFICATES UNDER SECTION 1,666
5721.32 OF THE REVISED CODE. A REGIONAL SALE SHALL BE HELD AT A 1,668
SINGLE LOCATION IN ONE COUNTY, WHERE THE TAX CERTIFICATES FROM 1,669
EACH OF THE PARTICIPATING COUNTIES SHALL BE OFFERED FOR SALE AT 1,670
PUBLIC AUCTION. BEFORE THE REGIONAL SALE, EACH COUNTY TREASURER 1,671
SHALL ADVERTISE THE SALE FOR THE PARCELS IN THE TREASURER'S 1,672
COUNTY AS REQUIRED BY DIVISION (C) OF THIS SECTION. AT THE 1,673
REGIONAL SALE, TAX CERTIFICATES SHALL BE SOLD ON PARCELS FROM ONE 1,675
COUNTY AT A TIME, WITH ALL OF THE CERTIFICATES FOR ONE COUNTY 1,676
OFFERED FOR SALE BEFORE ANY CERTIFICATES FOR THE NEXT COUNTY ARE 1,677
OFFERED FOR SALE.
(G) THE TAX COMMISSIONER SHALL PRESCRIBE THE FORM OF THE 1,680
TAX CERTIFICATE UNDER THIS SECTION, AND COUNTY TREASURERS SHALL 1,681
USE THE FORM PRESCRIBED BY THE COMMISSIONER. 1,682
Sec. 5721.32. (A) THE SALE OF TAX CERTIFICATES BY PUBLIC 1,684
AUCTION MAY BE CONDUCTED AT ANY TIME AFTER COMPLETION OF THE 1,685
ADVERTISING OF THE SALE UNDER SECTION 5721.31 OF THE REVISED 1,687
CODE, ON THE DATE AND AT THE TIME AND PLACE DESIGNATED IN THE 1,689
ADVERTISEMENTS, AND MAY BE CONTINUED FROM TIME TO TIME AS THE
COUNTY TREASURER DIRECTS. THE COUNTY TREASURER MAY OFFER THE TAX 1,690
CERTIFICATES FOR SALE IN BLOCKS OF TAX CERTIFICATES, CONSISTING 1,691
OF ANY NUMBER OF TAX CERTIFICATES AS DETERMINED BY THE COUNTY 1,692
TREASURER.
(B)(1) THE SALE OF TAX CERTIFICATES UNDER THIS SECTION 1,694
SHALL BE CONDUCTED AT A PUBLIC AUCTION BY THE COUNTY TREASURER OR 1,696
A DESIGNEE OF THE COUNTY TREASURER. 1,697
(2) NO PERSON SHALL BE PERMITTED TO BID WITHOUT COMPLETING 1,700
A BIDDER REGISTRATION FORM, IN THE FORM PRESCRIBED BY THE TAX 1,701
COMMISSIONER, AND FILING THE FORM WITH THE COUNTY TREASURER PRIOR 1,702
TO THE START OF THE AUCTION, TOGETHER WITH REMITTANCE OF A 1,703
REGISTRATION FEE, IN CASH, OF FIVE HUNDRED DOLLARS. THE BIDDER 1,704
REGISTRATION FORM SHALL INCLUDE A TAX IDENTIFICATION NUMBER OF 1,705
43
THE REGISTRANT. THE REGISTRATION FEE IS REFUNDABLE AT THE END OF
BIDDING ON THE DAY OF THE AUCTION, UNLESS THE REGISTRANT IS THE 1,706
WINNING BIDDER FOR ONE OR MORE TAX CERTIFICATES OR ONE OR MORE 1,707
BLOCKS OF TAX CERTIFICATES, IN WHICH CASE THE FEE MAY BE APPLIED 1,709
TOWARD THE DEPOSIT REQUIRED BY THIS SECTION. 1,710
(C) AT THE AUCTION, THE COUNTY TREASURER OR THE 1,712
TREASURER'S DESIGNEE OR AGENT SHALL BEGIN THE BIDDING AT EIGHTEEN 1,714
PER CENT PER YEAR SIMPLE INTEREST, AND ACCEPT LOWER BIDS IN EVEN 1,715
INCREMENTS OF ONE-FOURTH OF ONE PER CENT TO THE RATE OF ZERO PER 1,716
CENT. THE COUNTY TREASURER, DESIGNEE, OR AGENT SHALL AWARD THE 1,717
TAX CERTIFICATE TO THE PERSON BIDDING THE LOWEST CERTIFICATE RATE 1,718
OF INTEREST.
(D) THE WINNING BIDDER SHALL PAY THE COUNTY TREASURER A 1,720
CASH DEPOSIT OF AT LEAST TEN PER CENT OF THE CERTIFICATE PURCHASE 1,721
PRICE NOT LATER THAN THE CLOSE OF BUSINESS ON THE DAY OF THE 1,722
SALE. THE WINNING BIDDER SHALL PAY THE BALANCE AND THE FEE 1,723
REQUIRED UNDER DIVISION (H) OF THIS SECTION NOT LATER THAN FIVE 1,725
BUSINESS DAYS AFTER THE DAY ON WHICH THE CERTIFICATE IS SOLD. IF 1,726
THE WINNING BIDDER FAILS TO PAY THE BALANCE AND FEE WITHIN THE
PRESCRIBED TIME, THE BIDDER FORFEITS THE DEPOSIT, AND THE COUNTY 1,727
TREASURER SHALL RETAIN THE TAX CERTIFICATE AND MAY ATTEMPT TO 1,728
SELL IT AT ANY AUCTION CONDUCTED AT A LATER DATE. THE COUNTY 1,729
TREASURER SHALL DEPOSIT THE FORFEITED DEPOSIT IN THE COUNTY 1,730
TREASURY TO THE CREDIT OF THE TAX CERTIFICATE ADMINISTRATION 1,731
FUND.
(E) UPON RECEIPT OF THE FULL PAYMENT OF THE CERTIFICATE 1,734
PURCHASE PRICE FROM THE PURCHASER, THE COUNTY TREASURER SHALL 1,735
ISSUE THE TAX CERTIFICATE AND RECORD THE TAX CERTIFICATE SALE BY 1,736
MARKING ON THE TAX CERTIFICATE AND INTO A TAX CERTIFICATE 1,737
REGISTER, THE CERTIFICATE PURCHASE PRICE, THE CERTIFICATE RATE OF 1,738
INTEREST, THE DATE THE CERTIFICATE WAS SOLD, AND THE NAME AND 1,739
ADDRESS OF THE CERTIFICATE HOLDER, WHICH MAY BE, UPON RECEIPT OF 1,740
INSTRUCTIONS FROM THE PURCHASER, THE SECURED PARTY OF THE ACTUAL 1,741
PURCHASER, OR AN AGENT OR CUSTODIAN FOR THE PURCHASER OR SECURED 1,742
44
PARTY. THE COUNTY TREASURER ALSO SHALL TRANSFER THE TAX 1,743
CERTIFICATE TO THE CERTIFICATE HOLDER AND, UPON PRESENTATION TO 1,744
THE TREASURER OF INSTRUCTIONS SIGNED BY THE CERTIFICATE 1,745
PURCHASER, SHALL RECORD IN THE TAX CERTIFICATE REGISTER THE NAME 1,746
AND ADDRESS OF ANY SECURED PARTY OF THE CERTIFICATE PURCHASER 1,747
HAVING A SECURITY INTEREST IN THE TAX CERTIFICATE. UPON THE
TRANSFER OF A TAX CERTIFICATE, THE COUNTY TREASURER SHALL CREDIT 1,749
THE PROCEEDS FROM THE SALE TO THE ITEMS OF TAXES, ASSESSMENTS, 1,752
PENALTIES, INTEREST, AND CHARGES IN THE ORDER IN WHICH THOSE 1,753
ITEMS BECAME DUE. UPON COMPLETION OF THE SALE OF A TAX 1,754
CERTIFICATE, THE DELINQUENT TAXES, ASSESSMENTS, PENALTIES, AND
INTEREST THAT MAKE UP THE CERTIFICATE PURCHASE PRICE ARE 1,755
TRANSFERRED, AND THE SUPERIOR LIEN OF THE STATE AND ITS TAXING 1,756
DISTRICTS FOR THOSE TAXES, ASSESSMENTS, PENALTIES, AND INTEREST 1,757
IS CONVEYED INTACT TO THE CERTIFICATE HOLDER. 1,758
(F) IF A TAX CERTIFICATE IS OFFERED FOR SALE UNDER THIS 1,760
SECTION BUT IS NOT SOLD, THE COUNTY TREASURER MAY STRIKE THE 1,761
CORRESPONDING CERTIFICATE PARCEL FROM THE LIST OF PARCELS 1,762
SELECTED FOR TAX CERTIFICATE SALES. THE LIEN FOR TAXES, 1,763
ASSESSMENTS, CHARGES, PENALTIES, AND INTEREST AGAINST A PARCEL 1,764
STRICKEN FROM THE LIST THEREAFTER MAY BE FORECLOSED IN THE MANNER 1,765
PRESCRIBED BY SECTION 323.25, 5721.14, OR 5721.18 OF THE REVISED 1,766
CODE UNLESS, PRIOR TO THE INSTITUTION OF SUCH PROCEEDINGS AGAINST 1,768
THE PARCEL, THE COUNTY TREASURER RESTORES THE PARCEL TO THE LIST 1,769
OF PARCELS SELECTED FOR TAX CERTIFICATE SALES.
(G) A CERTIFICATE HOLDER SHALL NOT BE LIABLE FOR DAMAGES 1,772
ARISING FROM A VIOLATION OF SECTIONS 3737.87 TO 3737.891 OR 1,773
CHAPTER 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., 1,774
OR 6111. OF THE REVISED CODE, OR A RULE ADOPTED OR ORDER, PERMIT,
LICENSE, VARIANCE, OR PLAN APPROVAL ISSUED UNDER ANY OF THOSE 1,775
CHAPTERS, THAT IS OR WAS COMMITTED BY ANOTHER PERSON IN 1,776
CONNECTION WITH THE PARCEL FOR WHICH THE TAX CERTIFICATE IS HELD. 1,777
(H) WHEN SELLING A TAX CERTIFICATE UNDER THIS SECTION, THE 1,780
COUNTY TREASURER SHALL CHARGE A FEE TO THE PURCHASER OF THE 1,781
45
CERTIFICATE. THE TREASURER SHALL SET THE FEE AT A REASONABLE 1,782
AMOUNT THAT COVERS THE TREASURER'S COSTS OF ADMINISTERING THE 1,783
SALE OF THE TAX CERTIFICATE. THE TREASURER SHALL DEPOSIT THE FEE 1,784
IN THE COUNTY TREASURY TO THE CREDIT OF THE TAX CERTIFICATE 1,785
ADMINISTRATION FUND.
(I) AFTER SELLING A TAX CERTIFICATE UNDER THIS SECTION, 1,788
THE COUNTY TREASURER SHALL SEND WRITTEN NOTICE BY CERTIFIED OR 1,789
REGISTERED MAIL TO THE OWNER OF THE CERTIFICATE PARCEL. THE 1,790
NOTICE SHALL INFORM THE OWNER THAT THE TAX CERTIFICATE WAS SOLD, 1,791
SHALL DESCRIBE THE OWNER'S OPTIONS TO REDEEM THE PARCEL, 1,792
INCLUDING ENTERING INTO A REDEMPTION PAYMENT PLAN UNDER DIVISION 1,793
(C)(1) OF SECTION 5721.38 OF THE REVISED CODE, AND SHALL NAME THE 1,794
CERTIFICATE HOLDER AND ITS SECURED PARTY, IF ANY. 1,795
(J) A TAX CERTIFICATE SHALL NOT BE SOLD TO THE OWNER OF 1,797
THE CERTIFICATE PARCEL. 1,798
Sec. 5721.33. (A) A COUNTY TREASURER MAY, IN THE 1,800
TREASURER'S DISCRETION, NEGOTIATE THE SALE OF ANY NUMBER OF TAX 1,801
CERTIFICATES WITH ONE OR MORE PERSONS, INCLUDING, WITHOUT 1,802
LIMITATION, ANY PREMIUM TO BE ADDED TO OR DISCOUNT TO BE 1,803
SUBTRACTED FROM THE CERTIFICATE PURCHASE PRICE FOR THE TAX
CERTIFICATES AND ANY OTHER TERMS OF THE SALE THAT THE COUNTY 1,804
TREASURER, IN THE TREASURER'S DISCRETION, DETERMINES APPROPRIATE 1,805
OR NECESSARY FOR THE SALE.
(B) THE SALE OF TAX CERTIFICATES UNDER THIS SECTION SHALL 1,807
BE GOVERNED BY THE CRITERIA ESTABLISHED BY THE COUNTY TREASURER 1,808
PURSUANT TO DIVISION (E) OF THIS SECTION. 1,809
(C) THE COUNTY TREASURER MAY EXECUTE A TAX CERTIFICATE 1,811
SALE/PURCHASE AGREEMENT AND OTHER NECESSARY AGREEMENTS WITH A 1,812
DESIGNATED PURCHASER OR PURCHASERS TO COMPLETE A NEGOTIATED SALE 1,813
OF TAX CERTIFICATES.
(D) THE TAX CERTIFICATE MAY BE SOLD AT A PREMIUM TO OR 1,815
DISCOUNT FROM THE CERTIFICATE PURCHASE PRICE. THE COUNTY 1,816
TREASURER MAY ESTABLISH AS ONE OF THE TERMS OF THE NEGOTIATED 1,817
SALE THE PORTION OF THE CERTIFICATE PURCHASE PRICE, PLUS ANY 1,818
46
APPLICABLE PREMIUM OR LESS ANY APPLICABLE DISCOUNT, THAT THE 1,819
PURCHASER OR PURCHASERS SHALL PAY IN CASH ON THE DATE THE TAX
CERTIFICATES ARE SOLD AND THE PORTION, IF ANY, OF THE CERTIFICATE 1,820
PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM OR LESS ANY 1,821
APPLICABLE DISCOUNT, THAT THE PURCHASER OR PURCHASERS SHALL PAY 1,822
IN NONCASH CONSIDERATION AND THE NATURE OF THAT CONSIDERATION. 1,823
THE COUNTY TREASURER SHALL SELL SUCH TAX CERTIFICATES AT A 1,825
CERTIFICATE PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS 1,826
ANY APPLICABLE DISCOUNT, THAT, IN THE TREASURER'S DETERMINATION, 1,827
IS IN THE BEST INTERESTS OF THE COUNTY. THE SALE OF THE TAX 1,828
CERTIFICATES, AND THE RECEIPT OF THE PROCEEDS OF AND ANY NONCASH 1,829
CONSIDERATION FOR THE SALE, BY THE COUNTY TREASURER IS CONCLUSIVE 1,830
EVIDENCE THAT THE CERTIFICATE PURCHASE PRICE, PLUS ANY APPLICABLE 1,831
PREMIUM AND LESS ANY APPLICABLE DISCOUNT, IS IN THE BEST INTEREST 1,832
OF THE COUNTY.
(E)(1) THE COUNTY TREASURER MAY PROMULGATE RULES GOVERNING 1,834
THE ELIGIBILITY OF PERSONS TO PURCHASE TAX CERTIFICATES OR TO 1,835
OTHERWISE PARTICIPATE IN A NEGOTIATED SALE UNDER THIS SECTION. 1,836
THE RULES MAY PROVIDE FOR PRECERTIFICATION OF SUCH PERSONS, 1,837
INCLUDING A REQUIREMENT FOR DISCLOSURE OF INCOME, ASSETS, AND ANY 1,838
OTHER FINANCIAL INFORMATION THE COUNTY TREASURER DETERMINES 1,839
APPROPRIATE. THE RULES MAY ALSO PROHIBIT ANY PERSON THAT IS
DELINQUENT IN THE PAYMENT OF ANY TAX TO THE COUNTY OR TO THE 1,840
STATE, OR THAT IS IN DEFAULT IN OR ON ANY OTHER OBLIGATION TO THE 1,841
COUNTY OR TO THE STATE, FROM PURCHASING A TAX CERTIFICATE OR 1,842
OTHERWISE PARTICIPATING IN A NEGOTIATED SALE OF TAX CERTIFICATES 1,843
UNDER THIS SECTION. THE ELIGIBILITY INFORMATION REQUIRED SHALL 1,844
INCLUDE THE TAX IDENTIFICATION NUMBER OF THE PURCHASER AND MAY
INCLUDE THE TAX IDENTIFICATION NUMBER OF THE PARTICIPANT. 1,845
(2) ANY PERSON THAT INTENDS TO PURCHASE A TAX CERTIFICATE 1,847
IN A NEGOTIATED SALE SHALL SUBMIT AN AFFIDAVIT TO THE COUNTY 1,848
TREASURER THAT ESTABLISHES COMPLIANCE WITH THE APPLICABLE 1,849
ELIGIBILITY CRITERIA AND INCLUDES ANY OTHER INFORMATION REQUIRED 1,850
BY THE TREASURER. ANY PERSON THAT FAILS TO SUBMIT SUCH AN 1,851
47
AFFIDAVIT IS INELIGIBLE TO PURCHASE A TAX CERTIFICATE. ANY
PERSON THAT KNOWINGLY SUBMITS A FALSE OR MISLEADING AFFIDAVIT 1,852
SHALL FORFEIT ANY TAX CERTIFICATE OR CERTIFICATES PURCHASED BY 1,853
THE PERSON AT A SALE FOR WHICH THE AFFIDAVIT WAS SUBMITTED, SHALL 1,854
BE LIABLE FOR PAYMENT OF THE FULL CERTIFICATE PURCHASE PRICE, 1,855
PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT, OF 1,856
THE TAX CERTIFICATE OR CERTIFICATES, AND SHALL BE DISQUALIFIED
FROM PARTICIPATING IN ANY TAX CERTIFICATE SALE CONDUCTED IN THE 1,857
COUNTY DURING THE NEXT FIVE YEARS. 1,858
(3) A TAX CERTIFICATE SHALL NOT BE SOLD TO THE OWNER OF 1,860
THE CERTIFICATE PARCEL OR TO ANY CORPORATION, PARTNERSHIP, OR 1,861
ASSOCIATION IN WHICH SUCH OWNER HAS AN INTEREST. NO PERSON THAT 1,862
PURCHASES A TAX CERTIFICATE IN A NEGOTIATED SALE SHALL ASSIGN OR 1,863
TRANSFER THE TAX CERTIFICATE TO THE OWNER OF THE CERTIFICATE 1,864
PARCEL OR TO ANY CORPORATION, PARTNERSHIP, OR ASSOCIATION IN
WHICH THE OWNER HAS AN INTEREST. ANY PERSON THAT KNOWINGLY OR 1,865
NEGLIGENTLY TRANSFERS OR ASSIGNS SUCH A TAX CERTIFICATE TO THE 1,866
OWNER OF THE CERTIFICATE PARCEL OR TO ANY CORPORATION, 1,867
PARTNERSHIP, OR ASSOCIATION IN WHICH SUCH OWNER HAS AN INTEREST 1,868
SHALL BE LIABLE FOR PAYMENT OF THE FULL CERTIFICATE PURCHASE
PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE 1,869
DISCOUNT, AND SHALL NOT BE ENTITLED TO A REFUND OF ANY AMOUNT 1,870
PAID. SUCH TAX CERTIFICATE SHALL BE DEEMED VOID AND THE TAX LIEN 1,871
SOLD UNDER SUCH TAX CERTIFICATE SHALL REVERT TO THE COUNTY AS IF 1,872
NO SALE OF SUCH TAX CERTIFICATE HAD OCCURRED. 1,873
(F) THE PURCHASER IN A NEGOTIATED SALE UNDER THIS SECTION 1,875
SHALL DELIVER THE CERTIFICATE PURCHASE PRICE, PLUS ANY APPLICABLE 1,876
PREMIUM AND LESS ANY APPLICABLE DISCOUNT AND INCLUDING ANY 1,877
NONCASH CONSIDERATION, TO THE COUNTY TREASURER NOT LATER THAN THE 1,878
CLOSE OF BUSINESS ON THE DATE THE TAX CERTIFICATES ARE DELIVERED 1,879
TO THE PURCHASER. THE CERTIFICATE PURCHASE PRICE, PLUS ANY 1,880
APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT, OR PORTION
OF THE PRICE, THAT IS PAID IN CASH SHALL BE DEPOSITED IN THE 1,881
COUNTY'S GENERAL FUND TO THE CREDIT OF THE ACCOUNT TO WHICH AD 1,882
48
VALOREM REAL PROPERTY TAXES ARE CREDITED AND FURTHER CREDITED AS 1,883
PROVIDED IN DIVISION (G) OF THIS SECTION. THE PURCHASER SHALL 1,884
ALSO PAY ON THE DATE THE TAX CERTIFICATES ARE DELIVERED TO THE 1,885
PURCHASER THE FEE, IF ANY, NEGOTIATED UNDER DIVISION (J) OF THIS 1,886
SECTION. IF THE PURCHASER FAILS TO PAY THE CERTIFICATE PURCHASE 1,887
PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE
DISCOUNT, AND ANY SUCH FEE WITHIN THE TIME PERIODS REQUIRED BY 1,888
THIS SECTION, THE COUNTY TREASURER SHALL RETAIN THE TAX 1,889
CERTIFICATE AND MAY ATTEMPT TO SELL IT AT ANY AUCTION OR 1,890
NEGOTIATED SALE CONDUCTED AT A LATER DATE.
(G) UPON RECEIPT OF THE FULL PAYMENT OF THE CERTIFICATE 1,892
PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS ANY 1,893
APPLICABLE DISCOUNT, AND THE NEGOTIATED FEE, IF ANY, FROM THE 1,894
PURCHASER, THE COUNTY TREASURER, OR A QUALIFIED TRUSTEE WHOM THE 1,895
TREASURER HAS ENGAGED FOR SUCH PURPOSE, SHALL ISSUE THE TAX 1,896
CERTIFICATE AND RECORD THE TAX CERTIFICATE SALE BY MARKING ON
EACH OF THE TAX CERTIFICATES SOLD OR, IF ISSUED IN BOOK-ENTRY 1,898
FORM, ON THE GLOBAL TAX CERTIFICATE, AND MARKING INTO A TAX 1,899
CERTIFICATE REGISTER, THE CERTIFICATE PURCHASE PRICE, ANY PREMIUM 1,900
PAID OR DISCOUNT TAKEN, THE CERTIFICATE RATE OF INTEREST, THE
DATE THE CERTIFICATES WERE SOLD, AND THE NAME AND ADDRESS OF THE 1,901
CERTIFICATE HOLDER OR, IN THE CASE OF ISSUANCE OF THE TAX 1,902
CERTIFICATES IN A BOOK-ENTRY SYSTEM, OF THE NOMINEE, WHICH MAY 1,904
BE, UPON RECEIPT OF INSTRUCTIONS FROM THE PURCHASER, THE SECURED 1,905
PARTY OF THE ACTUAL PURCHASER, OR AN AGENT OR CUSTODIAN FOR THE
PURCHASER OR SECURED PARTY. THE COUNTY TREASURER ALSO SHALL 1,906
TRANSFER THE TAX CERTIFICATES TO THE CERTIFICATE HOLDER AND, UPON 1,908
PRESENTATION TO THE TREASURER OF INSTRUCTIONS SIGNED BY THE 1,909
CERTIFICATE PURCHASER OR PURCHASERS, SHALL RECORD IN THE TAX
CERTIFICATE REGISTER THE NAME AND ADDRESS OF ANY SECURED PARTY OF 1,910
THE CERTIFICATE PURCHASER OR PURCHASERS HAVING A SECURITY 1,911
INTEREST IN THE TAX CERTIFICATE. UPON THE TRANSFER OF THE TAX 1,912
CERTIFICATES, THE COUNTY TREASURER SHALL CREDIT THE CASH PROCEEDS 1,913
FROM THE SALE TO THE ITEMS OF TAXES, ASSESSMENTS, PENALTIES, 1,915
49
INTEREST, AND CHARGES IN THE ORDER IN WHICH THOSE ITEMS BECAME 1,916
DUE. IF THE CASH PROCEEDS FROM THE SALE ARE NOT SUFFICIENT TO
FULLY SATISFY, IN THE ORDER IN WHICH IT BECAME DUE, AN ITEM OF 1,917
OUTSTANDING DELINQUENT TAXES, ASSESSMENTS, PENALTIES, INTEREST, 1,918
AND CHARGES ON THE CERTIFICATE PARCELS AGAINST WHICH TAX 1,919
CERTIFICATES WERE SOLD, THE COUNTY TREASURER SHALL CREDIT THE 1,920
CASH PROCEEDS TO SUCH ITEMS PRO RATA BASED UPON THE PROPORTION 1,921
THAT EACH SUCH ITEM OF DELINQUENT TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES BEARS TO THE AGGREGATE OF ALL SUCH ITEMS OR 1,922
BY ANY OTHER METHOD THAT THE COUNTY TREASURER, IN THE TREASURER'S 1,923
SOLE DISCRETION, DETERMINES IS EQUITABLE. UPON COMPLETION OF THE 1,924
SALE OF THE TAX CERTIFICATES, THE DELINQUENT TAXES, ASSESSMENTS, 1,925
PENALTIES, AND INTEREST THAT MAKE UP THE CERTIFICATE PURCHASE 1,926
PRICE ARE TRANSFERRED, AND THE SUPERIOR LIEN OF THE STATE AND ITS 1,927
TAXING DISTRICTS FOR THOSE TAXES, ASSESSMENTS, PENALTIES, AND
INTEREST IS CONVEYED INTACT TO THE CERTIFICATE HOLDER OR HOLDERS. 1,928
(H) IF A TAX CERTIFICATE IS OFFERED FOR SALE UNDER THIS 1,930
SECTION BUT IS NOT SOLD, THE COUNTY TREASURER MAY STRIKE THE 1,931
CORRESPONDING CERTIFICATE PARCEL FROM THE LIST OF PARCELS 1,932
SELECTED FOR TAX CERTIFICATE SALES. THE LIEN FOR TAXES, 1,933
ASSESSMENTS, CHARGES, PENALTIES, AND INTEREST AGAINST A PARCEL
STRICKEN FROM THE LIST THEREAFTER MAY BE FORECLOSED IN THE MANNER 1,934
PRESCRIBED BY SECTION 323.25, 5721.14, OR 5721.18 OF THE REVISED 1,935
CODE UNLESS, PRIOR TO THE INSTITUTION OF SUCH PROCEEDINGS AGAINST 1,936
THE PARCEL, THE COUNTY TREASURER RESTORES THE PARCEL TO THE LIST 1,937
OF PARCELS SELECTED FOR TAX CERTIFICATE SALES.
(I) NEITHER A CERTIFICATE HOLDER NOR ITS SECURED PARTY, IF 1,939
ANY, SHALL BE LIABLE FOR DAMAGES ARISING FROM A VIOLATION OF 1,941
SECTIONS 3737.87 TO 3737.891 OR CHAPTER 3704, 3734., 3745., 1,942
3746., 3750., 3751., 3752., 6109., OR 6111. OF THE REVISED CODE,
OR A RULE ADOPTED OR ORDER, PERMIT, LICENSE, VARIANCE, OR PLAN 1,943
APPROVAL ISSUED UNDER ANY OF THOSE CHAPTERS, THAT IS OR WAS 1,944
COMMITTED BY ANOTHER PERSON IN CONNECTION WITH THE PARCEL FOR 1,945
WHICH THE TAX CERTIFICATE IS HELD.
50
(J) WHEN SELLING A TAX CERTIFICATE UNDER THIS SECTION, THE 1,947
COUNTY TREASURER MAY NEGOTIATE WITH THE PURCHASER OF THE 1,948
CERTIFICATE FOR A FEE PAID BY THE PURCHASER TO THE TREASURER TO 1,949
REIMBURSE THE TREASURER FOR ANY PART OR ALL OF THE TREASURER'S 1,950
COSTS OF PREPARING FOR AND ADMINISTERING THE SALE OF THE TAX 1,951
CERTIFICATE. SUCH FEE, IF ANY, SHALL BE ADDED TO THE CERTIFICATE 1,952
PURCHASE PRICE OF THE CERTIFICATE AND SHALL BE PAID BY THE 1,953
PURCHASER ON THE DATE OF DELIVERY OF THE TAX CERTIFICATE. THE 1,954
TREASURER SHALL DEPOSIT THE FEE IN THE COUNTY TREASURY TO THE
CREDIT OF THE TAX CERTIFICATE ADMINISTRATION FUND. 1,955
(K) AFTER SELLING TAX CERTIFICATES UNDER THIS SECTION, THE 1,957
COUNTY TREASURER SHALL SEND WRITTEN NOTICE BY CERTIFIED OR 1,958
REGISTERED MAIL TO THE LAST KNOWN ADDRESS OF THE OWNER OF THE 1,959
CERTIFICATE PARCEL. THE NOTICE SHALL INFORM THE OWNER THAT A TAX 1,960
CERTIFICATE WITH RESPECT TO SUCH OWNER'S PARCEL WAS SOLD AND 1,961
SHALL DESCRIBE THE OWNER'S OPTIONS TO REDEEM THE PARCEL,
INCLUDING ENTERING INTO A REDEMPTION PAYMENT PLAN UNDER DIVISION 1,962
(C)(2) OF SECTION 5721.38 OF THE REVISED CODE. 1,963
Sec. 5721.34. (A) A COUNTY TREASURER SHALL NOT SELL ANY 1,966
TAX CERTIFICATE RESPECTING A PARCEL OF DELINQUENT LAND UPON WHICH 1,967
THE FULL AMOUNT OF DELINQUENT TAXES, ASSESSMENTS, PENALTIES, 1,968
INTEREST, CHARGES, AND COSTS THEN DUE AND PAYABLE HAVE BEEN PAID, 1,969
OR WITH RESPECT TO WHICH A VALID UNDERTAKING UNDER SECTION 323.31
OF THE REVISED CODE TO PAY THAT AMOUNT HAS BEEN ENTERED INTO, 1,970
PRIOR TO THE SALE OF THE CERTIFICATE BY THE COUNTY TREASURER. A 1,972
CERTIFICATE SOLD IN VIOLATION OF THIS SECTION IS VOID. 1,973
(B) IF, WITHIN SIXTY DAYS AFTER THE DATE OF THE SALE OF A 1,975
TAX CERTIFICATE, THE COUNTY TREASURER DISCOVERS THAT THE 1,976
CERTIFICATE IS VOID UNDER DIVISION (A) OF THIS SECTION, THE 1,978
HOLDER OF THE VOID CERTIFICATE IS ENTITLED TO A REFUND OF THE 1,979
CERTIFICATE PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS 1,980
ANY APPLICABLE DISCOUNT, AND THE FEE CHARGED BY THE TREASURER 1,981
UNDER DIVISION (H) OF SECTION 5721.32 OR DIVISION (J) OF SECTION 1,982
5721.33 OF THE REVISED CODE, AS APPLICABLE. IF THE COUNTY 1,983
51
TREASURER DISCOVERS AFTER THAT SIXTY-DAY PERIOD THAT A TAX 1,984
CERTIFICATE IS VOID, THE HOLDER OF THE VOID CERTIFICATE IS 1,985
ENTITLED TO A REFUND EQUAL TO THE CERTIFICATE PURCHASE PRICE, 1,986
PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT, AND 1,987
THE TREASURER'S FEE, PLUS INTEREST ON THE CERTIFICATE PURCHASE 1,988
PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE 1,989
DISCOUNT, AT THE RATE OF FIVE PER CENT PER YEAR. THE HOLDER OF A 1,990
VOID CERTIFICATE SHALL PRESENT THE CERTIFICATE TO THE COUNTY 1,991
TREASURER TO OBTAIN THE REFUND, AND THE COUNTY AUDITOR SHALL 1,992
ISSUE A WARRANT FOR THE AMOUNT OF THE REFUND FROM THE UNDIVIDED 1,993
TAX FUND.
(C) WITH RESPECT TO A TAX CERTIFICATE SOLD UNDER SECTION 1,995
5721.32 OF THE REVISED CODE AND FOUND TO BE VOID UNDER DIVISION 1,996
(A) OF THIS SECTION, IN ADDITION TO THE REMEDIES AVAILABLE UNDER 1,997
DIVISION (B) OF THIS SECTION, THE COUNTY TREASURER MAY, WITH THE 1,998
APPROVAL OF THE CERTIFICATE HOLDER, SUBSTITUTE FOR SUCH TAX 1,999
CERTIFICATE OR PORTION THEREOF ANOTHER TAX CERTIFICATE THAT HAS A 2,000
VALUE EQUIVALENT TO THE VALUE OF THE TAX CERTIFICATE FOUND TO BE 2,001
VOID. WHENEVER A TAX CERTIFICATE OF SUCH EQUIVALENT VALUE IS TO
BE SUBSTITUTED FOR A TAX CERTIFICATE THAT HAS BEEN FOUND TO BE 2,002
VOID, THE COUNTY TREASURER SHALL PROVIDE WRITTEN NOTICE OF THE 2,003
INTENTION TO SUBSTITUTE SUCH TAX CERTIFICATE OF EQUIVALENT VALUE 2,004
TO ANY PERSON REQUIRED TO BE NOTIFIED UNDER DIVISION (K) OF 2,005
SECTION 5721.32 OF THE REVISED CODE.
Sec. 5721.35. (A) UPON THE SALE AND DELIVERY OF A TAX 2,007
CERTIFICATE, SUCH TAX CERTIFICATE VESTS IN THE CERTIFICATE HOLDER 2,009
THE FIRST LIEN PREVIOUSLY HELD BY THE STATE AND ITS TAXING
DISTRICTS UNDER SECTION 5721.10 OF THE REVISED CODE FOR THE 2,010
AMOUNT OF TAXES, ASSESSMENTS, INTEREST, AND PENALTY CHARGED 2,012
AGAINST A CERTIFICATE PARCEL, SUPERIOR TO ALL OTHER LIENS AND 2,014
ENCUMBRANCES UPON THE PARCEL DESCRIBED IN THE TAX CERTIFICATE, IN
THE AMOUNT OF THE CERTIFICATE REDEMPTION PRICE, EXCEPT LIENS FOR 2,016
DELINQUENT TAXES, ASSESSMENTS, PENALTIES, INTEREST, CHARGES, AND 2,017
COSTS THAT ATTACHED TO THE CERTIFICATE PARCEL PRIOR TO THE
52
ATTACHMENT OF THE LIEN BEING CONVEYED BY THE SALE OF SUCH TAX 2,018
CERTIFICATE. WITH RESPECT TO THE PRIORITY AS AMONG SUCH FIRST 2,019
LIENS OF THE STATE AND ITS TAXING DISTRICTS FOR DIFFERENT YEARS, 2,020
THE PRIORITY SHALL BE DETERMINED BY THE DATE SUCH FIRST LIENS OF 2,021
THE STATE AND ITS TAXING DISTRICTS ATTACHED PURSUANT TO SECTION
323.11 OF THE REVISED CODE, WITH FIRST PRIORITY TO THE EARLIEST 2,022
ATTACHED LIEN AND EACH IMMEDIATELY SUBSEQUENT PRIORITY BASED UPON 2,023
THE NEXT EARLIEST ATTACHED LIEN.
(B)(1) A CERTIFICATE HOLDER MAY RECORD THE TAX CERTIFICATE 2,025
OR MEMORANDUM THEREOF IN THE OFFICE OF THE COUNTY RECORDER OF THE 2,026
COUNTY IN WHICH THE CERTIFICATE PARCEL IS SITUATED, AS A MORTGAGE 2,027
OF LAND UNDER DIVISION (B) OF SECTION 317.08 OF THE REVISED CODE. 2,028
THE COUNTY RECORDER SHALL INDEX THE CERTIFICATE IN THE INDEXES 2,029
PROVIDED FOR UNDER SECTION 317.18 OF THE REVISED CODE. IF THE
LIEN IS SUBSEQUENTLY CANCELED, THE CANCELLATION ALSO SHALL BE 2,030
RECORDED BY THE COUNTY RECORDER. 2,031
(2) NOTWITHSTANDING CHAPTER 1309., TITLE LIII, OR ANY 2,034
OTHER PROVISION OF THE REVISED CODE, A SECURED PARTY HOLDING A 2,035
SECURITY INTEREST IN A TAX CERTIFICATE OR MEMORANDUM THEREOF MAY 2,036
PERFECT THAT SECURITY INTEREST ONLY BY ONE OF THE FOLLOWING 2,037
METHODS: 2,038
(a) POSSESSION; 2,040
(b) REGISTERING THE TAX CERTIFICATE WITH THE COUNTY 2,043
TREASURER IN THE NAME OF THE SECURED PARTY, OR ITS AGENT OR 2,044
CUSTODIAN, AS CERTIFICATE HOLDER;
(c) RECORDING THE NAME OF THE SECURED PARTY IN THE 2,048
CERTIFICATE REGISTER IN THE OFFICE OF THE COUNTY TREASURER OF THE 2,049
COUNTY IN WHICH THE CERTIFICATE PARCEL IS SITUATED.
Sec. 5721.36. (A)(1) EXCEPT AS OTHERWISE PROVIDED IN 2,051
DIVISION (A)(2) OF THIS SECTION, THE PURCHASER OF A TAX 2,052
CERTIFICATE PURSUANT TO SECTION 5721.32 OR 5721.33 OF THE REVISED 2,053
CODE MAY TRANSFER THE CERTIFICATE TO ANY PERSON, EXCEPT THE OWNER 2,055
OF THE CERTIFICATE PARCEL OR ANY CORPORATION, PARTNERSHIP, OR
ASSOCIATION IN WHICH SUCH OWNER HAS AN INTEREST, AND THE 2,056
53
TRANSFEREE OF A TAX CERTIFICATE SUBSEQUENTLY MAY TRANSFER THE 2,057
CERTIFICATE TO ANY OTHER PERSON, EXCEPT THE OWNER OF THE 2,058
CERTIFICATE PARCEL OR ANY CORPORATION, PARTNERSHIP, OR 2,059
ASSOCIATION IN WHICH SUCH OWNER HAS AN INTEREST. THE TRANSFEROR 2,061
OF A TAX CERTIFICATE SHALL ENDORSE THE CERTIFICATE AND SHALL 2,062
SWEAR TO THE ENDORSEMENT BEFORE A NOTARY PUBLIC OR OTHER OFFICER 2,063
EMPOWERED TO ADMINISTER OATHS. THE TRANSFEREE SHALL PRESENT THE 2,064
ENDORSED CERTIFICATE AND A NOTARIZED COPY OF A VALID FORM OF 2,065
IDENTIFICATION SHOWING THE TRANSFEREE'S TAXPAYER IDENTIFICATION 2,067
NUMBER TO THE COUNTY TREASURER THAT PREPARED AND SOLD THE 2,068
CERTIFICATE, WHO SHALL, UPON PAYMENT OF A FEE OF TWENTY DOLLARS 2,069
TO COVER THE COSTS ASSOCIATED WITH THE TRANSFER OF A TAX 2,071
CERTIFICATE, ENTER UPON THE REGISTER OF CERTIFICATE HOLDERS 2,072
OPPOSITE THE CERTIFICATE ENTRY THE NAME AND ADDRESS OF THE 2,073
TRANSFEREE, THE DATE OF ENTRY, AND, UPON PRESENTATION TO THE 2,074
TREASURER OF INSTRUCTIONS SIGNED BY THE TRANSFEREE, THE NAME AND 2,075
ADDRESS OF ANY SECURED PARTY OF THE TRANSFEREE HAVING AN INTEREST 2,076
IN THE TAX CERTIFICATE. THE TREASURER SHALL DEPOSIT THE FEE IN 2,077
THE COUNTY TREASURY TO THE CREDIT OF THE TAX CERTIFICATE 2,078
ADMINISTRATION FUND. 2,079
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(2) OF THIS 2,082
SECTION, NO REQUEST FOR FORECLOSURE OR NOTICE OF INTENT TO 2,083
FORECLOSE, AS THE CASE MAY BE, SHALL BE FILED BY ANY PERSON OTHER 2,084
THAN THE PERSON SHOWN ON THE REGISTER TO BE THE CERTIFICATE 2,085
HOLDER OR A PRIVATE ATTORNEY FOR THAT PERSON PROPERLY AUTHORIZED 2,086
TO ACT IN THAT PERSON'S BEHALF.
(2) UPON REGISTRATION OF A SECURITY INTEREST WITH THE 2,088
COUNTY TREASURER AS PROVIDED IN SECTION 5721.32 OR 5721.33 OF THE 2,090
REVISED CODE, BOTH OF THE FOLLOWING APPLY: 2,092
(a) NO PURCHASER OR TRANSFEREE OF A TAX CERTIFICATE MAY 2,095
TRANSFER THAT TAX CERTIFICATE EXCEPT UPON PRESENTATION TO THE 2,096
TREASURER OF INSTRUCTIONS SIGNED BY THE SECURED PARTY AUTHORIZING 2,097
SUCH ACTION.
(b) ONLY THE SECURED PARTY MAY ISSUE A REQUEST FOR 2,100
54
FORECLOSURE OR NOTICE OF INTENT TO FORECLOSE CONCERNING THAT TAX 2,101
CERTIFICATE.
(B)(1) APPLICATION MAY BE MADE TO THE COUNTY TREASURER FOR 2,103
A DUPLICATE CERTIFICATE IF A CERTIFICATE IS ALLEGED BY AFFIDAVIT 2,104
TO HAVE BEEN LOST OR DESTROYED. THE TREASURER SHALL ISSUE A 2,105
DUPLICATE CERTIFICATE, UPON PAYMENT OF A FEE OF TWENTY DOLLARS TO 2,106
COVER THE COSTS OF ISSUING THE DUPLICATE CERTIFICATE. THE 2,107
TREASURER SHALL DEPOSIT THE FEE IN THE COUNTY TREASURY TO THE 2,108
CREDIT OF THE TAX CERTIFICATE ADMINISTRATION FUND.
(2) THE DUPLICATE CERTIFICATE SHALL BE PLAINLY MARKED OR 2,110
STAMPED "DUPLICATE." 2,111
(3) THE TREASURER SHALL ENTER THE FACT OF THE DUPLICATE IN 2,113
THE REGISTER OF CERTIFICATE HOLDERS. 2,114
Sec. 5721.37. (A)(1) WITH RESPECT TO A TAX CERTIFICATE 2,116
PURCHASED UNDER SECTION 5721.32 OF THE REVISED CODE, AT ANY TIME 2,117
AFTER ONE YEAR FROM THE DATE SHOWN ON THE TAX CERTIFICATE AS THE 2,118
DATE THE TAX CERTIFICATE WAS SOLD, AND NOT LATER THAN THREE YEARS 2,119
AFTER THAT DATE, THE CERTIFICATE HOLDER MAY FILE WITH THE COUNTY 2,122
TREASURER A REQUEST FOR FORECLOSURE ON A FORM PRESCRIBED BY THE 2,123
TAX COMMISSIONER AND PROVIDED BY THE COUNTY TREASURER, PROVIDED 2,124
THE PARCEL HAS NOT YET BEEN REDEEMED UNDER DIVISION (A) OR (C) OF 2,125
SECTION 5721.38 OF THE REVISED CODE. 2,126
(2) WITH RESPECT TO A TAX CERTIFICATE PURCHASED UNDER 2,128
SECTION 5721.33 OF THE REVISED CODE, AT ANY TIME AFTER ONE YEAR 2,129
FROM THE DATE SHOWN ON THE TAX CERTIFICATE AS THE DATE THE TAX 2,130
CERTIFICATE WAS SOLD, AND NOT LATER THAN THREE YEARS AFTER THAT 2,131
DATE OR ANY EXTENSION OF THAT DATE PURSUANT TO DIVISION (C)(2) OF 2,132
SECTION 5721.38 OF THE REVISED CODE, A PRIVATE ATTORNEY ON BEHALF 2,133
OF THE CERTIFICATE HOLDER MAY FILE WITH THE COUNTY TREASURER A 2,134
NOTICE OF INTENT TO FORECLOSE ON A FORM PRESCRIBED BY THE TAX 2,135
COMMISSIONER AND PROVIDED BY THE COUNTY TREASURER, PROVIDED THE 2,136
PARCEL HAS NOT YET BEEN REDEEMED UNDER DIVISION (A) OR (C) OF 2,137
SECTION 5721.38 OF THE REVISED CODE.
(B) ALONG WITH A REQUEST FILED UNDER DIVISION (A)(1) OF 2,139
55
THIS SECTION, OR A NOTICE OF INTENT TO FORECLOSE FILED UNDER 2,140
DIVISION (A)(2) OF THIS SECTION AND PRIOR TO THE TRANSFER OF 2,141
TITLE IN CONNECTION WITH FORECLOSURE PROCEEDINGS FILED UNDER 2,142
DIVISION (F) OF THIS SECTION, THE CERTIFICATE HOLDER SHALL SUBMIT 2,144
A PAYMENT TO THE TREASURER EQUAL TO THE SUM OF THE FOLLOWING: 2,145
(1) THE CERTIFICATE REDEMPTION PRICES OF ANY OTHER PRIOR 2,147
TAX CERTIFICATES THAT HAVE BEEN SOLD ON THE PARCEL; 2,148
(2) ANY PRIOR DELINQUENT TAXES, ASSESSMENTS, PENALTIES, 2,150
INTEREST, AND CHARGES THAT ARE CHARGED AGAINST THE CERTIFICATE 2,151
PARCEL THAT IS THE SUBJECT OF THE FORECLOSURE PROCEEDINGS AND 2,152
THAT ARE NOT COVERED BY A TAX CERTIFICATE; 2,153
(3) IF THE FORECLOSURE PROCEEDINGS ARE FILED BY THE COUNTY 2,155
PROSECUTING ATTORNEY PURSUANT TO SECTION 323.25, 5721.14, OR 2,156
5721.18 OF THE REVISED CODE, A FEE IN THE AMOUNT PRESCRIBED BY 2,157
THE COUNTY PROSECUTING ATTORNEY TO COVER THE PROSECUTING 2,158
ATTORNEY'S LEGAL COSTS INCURRED IN THE FORECLOSURE PROCEEDING; 2,159
(4) IF THE FORECLOSURE PROCEEDINGS ARE FILED BY A PRIVATE 2,161
ATTORNEY ON BEHALF OF THE CERTIFICATE HOLDER PURSUANT TO DIVISION 2,162
(F) OF THIS SECTION, ANY OTHER PRIOR LIENS. 2,163
(C)(1) WITH RESPECT TO A CERTIFICATE PURCHASED UNDER 2,165
SECTION 5721.32 OF THE REVISED CODE, IF THE CERTIFICATE PARCEL 2,166
HAS NOT BEEN REDEEMED, THE COUNTY TREASURER SHALL PROVIDE 2,168
CERTIFICATION TO THE COUNTY PROSECUTING ATTORNEY THAT THE PARCEL 2,169
HAS NOT BEEN REDEEMED AND THAT THE CERTIFICATE HOLDER HAS MADE A 2,170
FORECLOSURE REQUEST. WITHIN NINETY DAYS OF RECEIVING THAT 2,171
CERTIFICATION, THE PROSECUTING ATTORNEY SHALL COMMENCE A 2,172
FORECLOSURE PROCEEDING IN THE NAME OF THE COUNTY TREASURER IN THE 2,173
MANNER PROVIDED UNDER SECTION 323.25, 5721.14, OR 5721.18 OF THE 2,174
REVISED CODE, TO FORECLOSE THE LIEN VESTED IN THE CERTIFICATE 2,175
HOLDER BY THE CERTIFICATE. THE PROSECUTING ATTORNEY SHALL ATTACH 2,176
TO THE COMPLAINT THE COUNTY TREASURER'S CERTIFICATION THAT THE 2,177
PARCEL HAS NOT BEEN REDEEMED.
(2) WITH RESPECT TO A CERTIFICATE PURCHASED UNDER SECTION 2,179
5721.33 OF THE REVISED CODE, IF THE CERTIFICATE PARCEL HAS NOT 2,180
56
BEEN REDEEMED, THE COUNTY TREASURER SHALL PROVIDE CERTIFICATION 2,181
TO THE PRIVATE ATTORNEY THAT THE PARCEL HAS NOT BEEN REDEEMED. 2,182
AFTER RECEIPT OF THAT CERTIFICATION, THE PRIVATE ATTORNEY MAY
COMMENCE A FORECLOSURE PROCEEDING IN THE NAME OF THE CERTIFICATE 2,183
HOLDER IN THE MANNER PROVIDED UNDER DIVISION (F) OF THIS SECTION, 2,184
TO FORECLOSE THE LIEN VESTED IN THE CERTIFICATE HOLDER BY THE 2,185
CERTIFICATE. THE PRIVATE ATTORNEY SHALL ATTACH TO THE COMPLAINT 2,186
THE COUNTY TREASURER'S CERTIFICATION THAT THE PARCEL HAS NOT BEEN 2,187
REDEEMED.
(D) THE COUNTY TREASURER SHALL CREDIT THE AMOUNT RECEIVED 2,190
UNDER DIVISION (B)(1) OF THIS SECTION TO THE TAX CERTIFICATE 2,192
REDEMPTION FUND. THE TAX CERTIFICATES RESPECTING THE PAYMENT 2,193
SHALL BE REDEEMED AS PROVIDED IN DIVISION (E) OF SECTION 5721.38 2,194
OF THE REVISED CODE. THE AMOUNT RECEIVED UNDER DIVISION (B)(2) 2,196
OF THIS SECTION SHALL BE DISTRIBUTED TO THE TAXING DISTRICTS TO 2,197
WHICH THE DELINQUENCIES ARE OWED. THE TREASURER SHALL DEPOSIT 2,198
THE FEE RECEIVED UNDER DIVISION (B)(3) OF THIS SECTION IN THE 2,200
COUNTY TREASURY TO THE CREDIT OF THE DELINQUENT TAX AND 2,201
ASSESSMENT COLLECTION FUND. THE AMOUNT RECEIVED UNDER DIVISION 2,203
(B)(4) OF THIS SECTION SHALL BE DISTRIBUTED TO THE HOLDER OF THE
PRIOR LIEN. 2,204
(E)(1) IF, IN THE CASE OF A CERTIFICATE PURCHASED UNDER 2,206
SECTION 5721.32 OF THE REVISED CODE, THE CERTIFICATE HOLDER DOES 2,207
NOT FILE WITH THE COUNTY TREASURER A REQUEST FOR FORECLOSURE 2,209
ALONG WITH THE REQUIRED PAYMENT WITHIN THREE YEARS AFTER THE DATE 2,210
SHOWN ON THE TAX CERTIFICATE AS THE DATE THE CERTIFICATE WAS 2,211
SOLD, AND DURING THAT PERIOD THE PARCEL IS NOT REDEEMED OR 2,212
FORECLOSED UPON, THE CERTIFICATE HOLDER'S LIEN AGAINST THE PARCEL 2,213
FOR THE AMOUNT OF DELINQUENT TAXES, ASSESSMENTS, PENALTIES, 2,214
INTEREST, AND CHARGES THAT MAKE UP THE CERTIFICATE PURCHASE PRICE 2,215
IS CANCELED.
(2) IF, IN THE CASE OF A CERTIFICATE PURCHASED UNDER 2,217
SECTION 5721.33 OF THE REVISED CODE, THE CERTIFICATE HOLDER DOES 2,218
NOT FILE WITH THE COUNTY TREASURER A NOTICE OF INTENT TO 2,219
57
FORECLOSE WITH RESPECT TO A CERTIFICATE PARCEL WITHIN THREE YEARS
AFTER THE DATE SHOWN ON THE TAX CERTIFICATE AS THE DATE THE 2,220
CERTIFICATE WAS SOLD OR ANY EXTENSION OF THAT DATE PURSUANT TO 2,221
DIVISION (C)(2) OF SECTION 5721.38 OF THE REVISED CODE, AND 2,222
DURING THAT PERIOD THE PARCEL IS NOT REDEEMED, THE CERTIFICATE 2,223
HOLDER'S LIEN AGAINST THE PARCEL FOR THE AMOUNT OF DELINQUENT
TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES THAT MAKE UP 2,224
THE CERTIFICATE PURCHASE PRICE IS CANCELED. 2,225
(F) WITH RESPECT TO TAX CERTIFICATES PURCHASED UNDER 2,227
SECTION 5721.33 OF THE REVISED CODE, UPON THE DELIVERY TO THE 2,228
CERTIFICATE HOLDER BY THE COUNTY TREASURER OF THE CERTIFICATION 2,229
PROVIDED FOR UNDER DIVISION (C)(2) OF THIS SECTION, A PRIVATE 2,230
ATTORNEY MAY INSTITUTE A FORECLOSURE PROCEEDING UNDER THIS 2,231
DIVISION IN THE NAME OF THE CERTIFICATE HOLDER TO FORECLOSE SUCH
HOLDER'S LIEN, IN ANY COURT WITH JURISDICTION, UNLESS THE 2,232
CERTIFICATE REDEMPTION PRICE IS PAID PRIOR TO THE TIME A 2,233
COMPLAINT IS FILED. THE ATTORNEY SHALL PROSECUTE THE PROCEEDING 2,234
TO FINAL JUDGMENT AND SATISFACTION, WHETHER THROUGH SALE OF THE
PROPERTY OR THE VESTING OF TITLE AND POSSESSION IN THE 2,235
CERTIFICATE HOLDER. IF THERE IS A COPY OF A WRITTEN UNDERTAKING 2,236
UNDER SECTION 323.31 OF THE REVISED CODE ATTACHED TO THE TAX 2,237
CERTIFICATE OR IF A COPY OF SUCH AN UNDERTAKING IS RECEIVED FROM
THE COUNTY TREASURER PRIOR TO THE COMMENCEMENT OF THE PROCEEDING 2,238
UNDER THIS DIVISION, THE ATTORNEY SHALL NOT INSTITUTE THE 2,239
PROCEEDING UNDER THIS DIVISION, UNLESS THE ATTORNEY RECEIVES A 2,240
CERTIFICATION OF THE TREASURER THAT SUCH UNDERTAKING HAS BECOME 2,241
VOID IN ACCORDANCE WITH SECTION 323.31 OF THE REVISED CODE.
THE FORECLOSURE PROCEEDINGS UNDER THIS DIVISION, EXCEPT AS 2,243
OTHERWISE PROVIDED IN THIS DIVISION, SHALL BE INSTITUTED AND 2,244
PROSECUTED IN THE SAME MANNER AS IS PROVIDED BY LAW FOR THE 2,245
FORECLOSURE OF MORTGAGES ON LAND, EXCEPT THAT, IF SERVICE BY 2,246
PUBLICATION IS NECESSARY, SUCH PUBLICATION SHALL BE MADE ONCE A 2,247
WEEK FOR THREE CONSECUTIVE WEEKS AND THE SERVICE SHALL BE
COMPLETE AT THE EXPIRATION OF THREE WEEKS AFTER THE DATE OF THE 2,248
58
FIRST PUBLICATION.
ANY NOTICE GIVEN UNDER THIS DIVISION SHALL INCLUDE THE NAME 2,250
OF THE OWNER OF THE PARCEL AS LAST SET FORTH IN THE RECORDS OF 2,251
THE COUNTY RECORDER, THE OWNER'S LAST KNOWN MAILING ADDRESS, THE 2,252
ADDRESS OF THE SUBJECT PARCEL IF DIFFERENT FROM THAT OF THE 2,253
OWNER, AND A COMPLETE LEGAL DESCRIPTION OF THE SUBJECT PARCEL. 2,254
IN ANY COUNTY THAT HAS ADOPTED A PERMANENT PARCEL NUMBER SYSTEM, 2,255
SUCH NOTICE MAY INCLUDE THE PERMANENT PARCEL NUMBER IN ADDITION
TO A COMPLETE LEGAL DESCRIPTION. 2,256
IT IS SUFFICIENT, HAVING BEEN MADE A PROPER PARTY TO THE 2,258
FORECLOSURE PROCEEDING, FOR THE CERTIFICATE HOLDER TO ALLEGE IN 2,259
SUCH HOLDER'S COMPLAINT THAT THE TAX CERTIFICATE HAS BEEN DULY 2,260
PURCHASED BY THE CERTIFICATE HOLDER, THAT THE CERTIFICATE 2,261
REDEMPTION PRICE APPEARING TO BE DUE AND UNPAID IS DUE AND 2,262
UNPAID, AND THAT THERE IS A LIEN AGAINST THE PROPERTY DESCRIBED
IN THE TAX CERTIFICATE, WITHOUT SETTING FORTH IN SUCH HOLDER'S 2,263
COMPLAINT ANY OTHER SPECIAL MATTER RELATING TO THE FORECLOSURE 2,265
PROCEEDING. THE PRAYER OF THE COMPLAINT SHALL BE THAT THE COURT 2,266
ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY THE SHERIFF OR, IF 2,267
THE ACTION IS IN THE MUNICIPAL COURT, BY THE BAILIFF, IN THE
MANNER PROVIDED IN SECTION 5721.19 OF THE REVISED CODE, UNLESS 2,268
THE COMPLAINT INCLUDES AN APPRAISAL BY AN INDEPENDENT APPRAISER 2,269
ACCEPTABLE TO THE COURT THAT THE VALUE OF THE CERTIFICATE PARCEL 2,270
IS LESS THAN THE CERTIFICATE PURCHASE PRICE. IN THAT CASE, THE 2,271
PRAYER OF THE COMPLAINT SHALL BE THAT FEE SIMPLE TITLE TO THE
PROPERTY BE TRANSFERRED TO AND VESTED IN THE CERTIFICATE HOLDER 2,272
FREE AND CLEAR OF ALL SUBORDINATE LIENS. 2,273
IN THE FORECLOSURE PROCEEDING, THE CERTIFICATE HOLDER MAY 2,275
JOIN IN ONE ACTION ANY NUMBER OF TAX CERTIFICATES RELATING TO THE 2,276
SAME OWNER, PROVIDED THAT ALL PARTIES ON EACH OF THE TAX 2,277
CERTIFICATES ARE IDENTICAL AS TO NAME AND PRIORITY OF INTEREST. 2,278
HOWEVER, THE DECREE FOR EACH TAX CERTIFICATE SHALL BE RENDERED 2,279
SEPARATELY AND ANY PROCEEDING MAY BE SEVERED, IN THE DISCRETION
OF THE COURT, FOR THE PURPOSE OF TRIAL OR APPEAL. THE COURT 2,280
59
SHALL MAKE SUCH ORDER FOR THE PAYMENT OF ALL COSTS RELATED 2,281
DIRECTLY OR INDIRECTLY TO THE REDEMPTION OF THE TAX CERTIFICATE, 2,282
INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES OF THE HOLDER'S 2,283
ATTORNEY, AS IS CONSIDERED PROPER. THE TAX CERTIFICATE PURCHASED 2,284
BY THE CERTIFICATE HOLDER IS PRESUMPTIVE EVIDENCE IN ALL COURTS
AND IN ALL PROCEEDINGS, INCLUDING, WITHOUT LIMITATION, AT THE 2,285
TRIAL OF THE FORECLOSURE ACTION, OF THE AMOUNT AND VALIDITY OF 2,286
THE TAXES, ASSESSMENTS, CHARGES, PENALTIES BY THE COURT AND ADDED 2,287
TO SUCH PRINCIPAL AMOUNT, AND INTEREST APPEARING DUE AND UNPAID 2,288
AND OF THEIR NONPAYMENT.
(G) FOR PURPOSES OF THIS SECTION: 2,290
(1) "PRIOR TAX CERTIFICATES" AND "PRIOR DELINQUENT TAXES, 2,292
ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES" MEAN TAX 2,293
CERTIFICATES AND DELINQUENT TAXES, ASSESSMENTS, PENALTIES, 2,294
INTEREST, AND CHARGES, THE LIENS WITH RESPECT TO WHICH ATTACHED 2,295
TO THE CERTIFICATE PARCEL PRIOR TO THE ATTACHMENT OF THE LIEN
WITH RESPECT TO THE TAX CERTIFICATE THAT IS THE SUBJECT OF THE 2,296
FORECLOSURE PROCEEDINGS. 2,297
(2) "PRIOR LIENS" MEANS LIENS THAT ARE PRIOR IN RIGHT TO 2,299
THE LIEN WITH RESPECT TO THE TAX CERTIFICATE THAT IS THE SUBJECT 2,300
OF THE FORECLOSURE PROCEEDINGS. 2,301
Sec. 5721.38. (A) AT ANY TIME PRIOR TO THE COMMENCEMENT 2,304
OF FORECLOSURE PROCEEDINGS UNDER SECTION 5721.37 OF THE REVISED 2,305
CODE BY THE SUBMITTING OF THE PAYMENT TO THE COUNTY TREASURER BY 2,306
THE CERTIFICATE HOLDER UNDER DIVISION (B) OF THAT SECTION, THE 2,307
OWNER OF RECORD OF THE CERTIFICATE PARCEL, OR ANY OTHER PERSON 2,308
ENTITLED TO REDEEM THAT PARCEL, MAY REDEEM THE PARCEL BY PAYING 2,309
TO THE COUNTY TREASURER AN AMOUNT EQUAL TO THE TOTAL OF THE 2,310
CERTIFICATE REDEMPTION PRICES OF ALL TAX CERTIFICATES RESPECTING 2,311
THAT PARCEL PLUS THE SUM OF TAXES, ASSESSMENTS, PENALTIES, 2,312
CHARGES, AND INTEREST CHARGED AGAINST THE PARCEL THAT HAVE BECOME 2,313
DUE AND PAYABLE SINCE THE DATE THE LAST CERTIFICATE WAS SOLD. 2,314
(B) AT ANY TIME AFTER THE COMMENCEMENT OF FORECLOSURE 2,316
PROCEEDINGS UNDER SECTION 5721.37 OF THE REVISED CODE BY THE 2,318
60
SUBMITTING OF THE PAYMENT TO THE COUNTY TREASURER BY THE
CERTIFICATE HOLDER UNDER DIVISION (B) OF THAT SECTION AND PRIOR 2,320
TO THE FILING OF THE ENTRY OF CONFIRMATION OF SALE OF A 2,321
CERTIFICATE PARCEL UNDER FORECLOSURE PROCEEDINGS FILED BY THE
COUNTY PROSECUTING ATTORNEY OR PRIOR TO THE DECREE CONVEYING 2,323
TITLE TO THE CERTIFICATE HOLDER AS PROVIDED FOR IN DIVISION (F) 2,324
OF SECTION 5721.37 OF THE REVISED CODE, THE OWNER OF RECORD OF
THE CERTIFICATE PARCEL OR ANY OTHER PERSON ENTITLED TO REDEEM 2,325
THAT PARCEL MAY REDEEM THE PARCEL BY PAYING TO THE COUNTY 2,326
TREASURER THE AMOUNT DESCRIBED IN DIVISION (A) OF THIS SECTION 2,327
PLUS INTEREST ON THE CERTIFICATE PURCHASE PRICE FOR EACH TAX 2,328
CERTIFICATE SOLD RESPECTING THE PARCEL AT THE RATE OF EIGHTEEN 2,329
PER CENT PER YEAR FOR THE PERIOD BEGINNING ON THE DAY ON WHICH 2,330
THE PAYMENT WAS SUBMITTED BY THE CERTIFICATE HOLDER, TOGETHER
WITH AN AMOUNT EQUAL TO THE SUM OF THE PROSECUTING ATTORNEY'S FEE 2,332
UNDER DIVISION (C)(1) OF SECTION 5721.37 OF THE REVISED CODE IF 2,333
THE TAX CERTIFICATE WAS PURCHASED UNDER SECTION 5721.32 OF THE 2,334
REVISED CODE, AND ANY OTHER COSTS AND FEES OF THE PROCEEDING
ALLOCABLE TO THE CERTIFICATE PARCEL AS DETERMINED BY THE COURT. 2,335
(C)(1) DURING THE PERIOD BEGINNING ON THE DATE A TAX 2,337
CERTIFICATE IS SOLD UNDER SECTION 5721.32 OF THE REVISED CODE AND 2,338
ENDING ONE YEAR FROM THAT DATE, THE OWNER OF RECORD OF THE 2,340
CERTIFICATE PARCEL, OR ANY OTHER PERSON ENTITLED TO REDEEM THAT 2,341
PARCEL, MAY ENTER INTO A REDEMPTION PAYMENT PLAN WITH THE COUNTY 2,342
TREASURER. THE PLAN SHALL REQUIRE THE OWNER OR OTHER PERSON TO 2,343
PAY THE CERTIFICATE REDEMPTION PRICE FOR THE TAX CERTIFICATE IN 2,344
INSTALLMENTS, WITH THE FINAL INSTALLMENT DUE NO LATER THAN ONE 2,345
YEAR AFTER THE DATE THE TAX CERTIFICATE IS SOLD. 2,346
(2) DURING THE PERIOD BEGINNING ON THE DATE A TAX 2,348
CERTIFICATE IS SOLD UNDER SECTION 5721.33 OF THE REVISED CODE AND 2,349
ENDING ON THE DATE THE DECREE IS RENDERED ON THE FORECLOSURE 2,350
PROCEEDING UNDER DIVISION (F) OF SECTION 5721.37 OF THE REVISED 2,351
CODE, THE OWNER OF RECORD OF THE CERTIFICATE PARCEL, OR ANY OTHER
PERSON ENTITLED TO REDEEM THAT PARCEL, MAY ENTER INTO A 2,352
61
REDEMPTION PAYMENT PLAN WITH THE CERTIFICATE HOLDER AND ALL 2,353
SECURED PARTIES OF THE CERTIFICATE HOLDER. THE PLAN SHALL 2,354
REQUIRE THE OWNER OR OTHER PERSON TO PAY THE CERTIFICATE 2,355
REDEMPTION PRICE FOR THE TAX CERTIFICATE, AN ADMINISTRATIVE FEE 2,356
NOT TO EXCEED ONE HUNDRED DOLLARS PER YEAR, AND THE ACTUAL FEES 2,357
AND COSTS INCURRED, IN INSTALLMENTS, WITH THE FINAL INSTALLMENT
DUE NO LATER THAN THREE YEARS AFTER THE DATE THE TAX CERTIFICATE 2,358
IS SOLD. THE CERTIFICATE HOLDER SHALL GIVE WRITTEN NOTICE OF THE 2,359
PLAN TO THE APPLICABLE COUNTY TREASURER WITHIN SIXTY DAYS AFTER 2,360
ENTERING INTO THE PLAN AND WRITTEN NOTICE OF DEFAULT UNDER THE 2,361
PLAN WITHIN NINETY DAYS AFTER THE DEFAULT. IF SUCH A PLAN IS 2,362
ENTERED INTO, THE TIME PERIOD FOR FILING A NOTICE OF INTENT TO
FORECLOSE UNDER SECTION 5721.37 OF THE REVISED CODE IS EXTENDED 2,363
BY THE LENGTH OF TIME THE PLAN IS IN EFFECT AND NOT IN DEFAULT. 2,364
(D)(1) IMMEDIATELY UPON RECEIPT OF FULL PAYMENT UNDER 2,367
DIVISION (A) OR (B) OF THIS SECTION, THE COUNTY TREASURER SHALL 2,368
MAKE AN ENTRY TO THAT EFFECT IN THE TAX CERTIFICATE REGISTER AND 2,369
NOTIFY EACH CERTIFICATE HOLDER BY CERTIFIED MAIL, RETURN RECEIPT 2,370
REQUESTED, THAT THE PARCEL HAS BEEN REDEEMED AND THE LIEN 2,371
CANCELED AND THAT THE TAX CERTIFICATES MAY BE REDEEMED. THE 2,372
COUNTY TREASURER SHALL DEPOSIT INTO THE TAX CERTIFICATE 2,373
REDEMPTION FUND CREATED IN THE COUNTY TREASURY AN AMOUNT EQUAL TO 2,374
THE TOTAL OF THE CERTIFICATE REDEMPTION PRICES, TOGETHER WITH 2,375
INTEREST ON THE CERTIFICATE PURCHASE PRICE FOR EACH TAX 2,376
CERTIFICATE SOLD RESPECTING THE PARCEL AT THE RATE OF EIGHTEEN 2,377
PER CENT PER YEAR PAID UNDER DIVISION (B) OF THIS SECTION FOR THE 2,378
PERIOD BEGINNING WHEN THE PAYMENT WAS SUBMITTED BY THE
CERTIFICATE HOLDER UNDER DIVISION (B) OF SECTION 5721.37 OF THE 2,379
REVISED CODE AND ENDING WHEN THE PARCEL WAS REDEEMED. THE COUNTY 2,380
TREASURER SHALL ADMINISTER THE FUND FOR THE PURPOSE OF REDEEMING 2,381
TAX CERTIFICATES. INTEREST EARNED ON THE FUND SHALL BE CREDITED 2,382
TO THE COUNTY GENERAL FUND.
(2) IF A REDEMPTION PAYMENT PLAN IS ENTERED INTO PURSUANT 2,384
TO DIVISION (C)(1) OF THIS SECTION, THE COUNTY TREASURER 2,385
62
IMMEDIATELY SHALL NOTIFY EACH CERTIFICATE HOLDER BY CERTIFIED 2,386
MAIL, RETURN RECEIPT REQUESTED, OF THE TERMS OF THE PLAN. 2,387
INSTALLMENT PAYMENTS MADE PURSUANT TO THE PLAN SHALL BE DEPOSITED 2,388
IN THE TAX CERTIFICATE REDEMPTION FUND. ANY OVERPAYMENT OF THE 2,390
INSTALLMENTS SHALL BE REFUNDED TO THE PERSON RESPONSIBLE FOR
CAUSING THE OVERPAYMENT IF THE PERSON APPLIES FOR A REFUND UNDER 2,391
THIS SECTION. IF THE PERSON RESPONSIBLE FOR CAUSING THE 2,392
OVERPAYMENT FAILS TO APPLY FOR A REFUND UNDER THIS SECTION WITHIN 2,393
FIVE YEARS FROM THE DATE THE PLAN IS SATISFIED, AN AMOUNT EQUAL 2,394
TO THE OVERPAYMENT SHALL BE DEPOSITED INTO THE GENERAL FUND OF 2,395
THE COUNTY.
UPON SATISFACTION OF THE PLAN, THE COUNTY TREASURER SHALL 2,398
INDICATE IN THE TAX CERTIFICATE REGISTER THAT THE PLAN HAS BEEN 2,399
SATISFIED, AND SHALL NOTIFY EACH CERTIFICATE HOLDER BY CERTIFIED 2,400
MAIL, RETURN RECEIPT REQUESTED, THAT THE PLAN HAS BEEN SATISFIED 2,401
AND THAT TAX CERTIFICATES MAY BE REDEEMED. 2,402
IF A PLAN BECOMES VOID, THE COUNTY TREASURER IMMEDIATELY 2,405
SHALL NOTIFY EACH CERTIFICATE HOLDER BY CERTIFIED MAIL, RETURN 2,406
RECEIPT REQUESTED. IF A CERTIFICATE HOLDER FILES A REQUEST FOR
FORECLOSURE UNDER SECTION 5721.37 OF THE REVISED CODE, UPON THE 2,407
CONFIRMATION OF SALE RESULTING FROM THE FORECLOSURE, ANY MONEY 2,408
PAID UNDER THE PLAN PRIOR TO ITS BECOMING VOID SHALL BE APPLIED 2,409
TO PAYMENT AS PRESCRIBED UNDER DIVISIONS (A), (B), AND (C) OF 2,411
SECTION 5721.39 OF THE REVISED CODE. ANY RESIDUE REMAINING AFTER 2,412
SUCH PAYMENT SHALL BE DISPOSED OF UNDER SECTION 5721.20 OF THE 2,413
REVISED CODE. 2,414
(E) TO REDEEM A TAX CERTIFICATE WITH RESPECT TO WHICH 2,416
PAYMENT HAS BEEN MADE IN FULL UNDER DIVISION (A), (B), OR (C)(1) 2,418
OF THIS SECTION, THE CERTIFICATE HOLDER SHALL PRESENT THE TAX 2,420
CERTIFICATE TO THE COUNTY TREASURER, WHO SHALL PREPARE THE 2,421
REDEMPTION INFORMATION. UPON PRESENTATION, THE COUNTY AUDITOR 2,422
SHALL DRAW A WARRANT ON THE TAX CERTIFICATE REDEMPTION FUND IN 2,423
THE AMOUNT OF THE CERTIFICATE REDEMPTION PRICE. FOR A PARCEL 2,424
THAT WAS REDEEMED UNDER DIVISION (B) OF THIS SECTION, THE 2,425
63
CERTIFICATE HOLDER WHO PAID THE AMOUNTS UNDER DIVISION (B) OF 2,427
SECTION 5721.37 OF THE REVISED CODE SHALL BE REIMBURSED FOR THOSE 2,429
AMOUNTS, TOGETHER WITH INTEREST AT THE RATE OF EIGHTEEN PER CENT 2,430
PER YEAR ON THE AMOUNT PAID UNDER DIVISION (B)(1) OF THAT SECTION 2,431
FOR THE PERIOD BEGINNING WHEN THE PAYMENT WAS SUBMITTED BY THE 2,432
CERTIFICATE HOLDER UNDER DIVISION (B) OF THAT SECTION AND ENDING 2,434
WHEN THE PARCEL WAS REDEEMED. THE TREASURER SHALL MARK ALL 2,435
COPIES OF THE TAX CERTIFICATE "REDEEMED" AND RETURN THE 2,436
CERTIFICATE TO THE CERTIFICATE HOLDER. THE CANCELED CERTIFICATE 2,437
SHALL SERVE AS A RECEIPT EVIDENCING REDEMPTION OF THE TAX 2,438
CERTIFICATE. IF A CERTIFICATE HOLDER FAILS TO REDEEM A TAX 2,439
CERTIFICATE WITHIN FIVE YEARS AFTER NOTICE IS SERVED UNDER 2,440
DIVISION (D) OF THIS SECTION THAT TAX CERTIFICATES MAY BE
REDEEMED, AN AMOUNT EQUAL TO THE CERTIFICATE REDEMPTION PRICE 2,442
SHALL BE DEPOSITED INTO THE GENERAL FUND OF THE COUNTY. 2,443
Sec. 5721.39. IN ITS JUDGMENT OF FORECLOSURE RENDERED WITH 2,446
RESPECT TO ACTIONS FILED PURSUANT TO SECTION 5721.37 OF THE 2,447
REVISED CODE, THE COURT SHALL ENTER A FINDING WITH RESPECT TO THE 2,448
CERTIFICATE PARCEL OF THE AMOUNT OF THE SUM OF THE CERTIFICATE 2,449
REDEMPTION PRICES RESPECTING ALL THE TAX CERTIFICATES SOLD
AGAINST THE PARCEL; INTEREST ON THE CERTIFICATE PURCHASE PRICES 2,451
OF THOSE CERTIFICATES AT THE RATE OF EIGHTEEN PER CENT PER YEAR
FOR THE PERIOD BEGINNING ON THE DAY ON WHICH THE PAYMENT WAS 2,452
SUBMITTED BY THE CERTIFICATE HOLDER UNDER DIVISION (B) OF SECTION 2,453
5721.37 OF THE REVISED CODE; ANY DELINQUENT TAXES, ASSESSMENTS, 2,455
PENALTIES, INTEREST, AND CHARGES ON THE PARCEL THAT ARE NOT 2,456
COVERED BY A TAX CERTIFICATE; AND FEES AND COSTS INCURRED IN THE
FORECLOSURE PROCEEDING INSTITUTED AGAINST THE PARCEL, INCLUDING, 2,457
WITHOUT LIMITATION, THE FEES AND COSTS OF THE PROSECUTING 2,459
ATTORNEY REPRESENTED BY THE FEE PAID UNDER DIVISION (B)(3) OF 2,460
SECTION 5721.37 OF THE REVISED CODE OR THE FEES AND COSTS OF THE 2,462
PRIVATE ATTORNEY REPRESENTING THE CERTIFICATE HOLDER, AND CHARGES 2,463
PAID OR INCURRED IN PROCURING TITLE SEARCHES AND ABSTRACTING 2,464
SERVICES RELATIVE TO THE SUBJECT PREMISES. THE COURT MAY ORDER
64
THE CERTIFICATE PARCEL TO BE SOLD, WITHOUT APPRAISAL, IN THE 2,466
MANNER PROVIDED FOR IN DIVISION (F) OF SECTION 5721.37 OF THE 2,467
REVISED CODE AND AS SET FORTH IN THE PRAYER OF THE COMPLAINT, FOR
NOT LESS THAN THE AMOUNT OF ITS FINDING, OR, IN THE EVENT THAT 2,468
THE COURT FINDS THAT THE VALUE OF THE CERTIFICATE PARCEL IS LESS 2,470
THAN THE CERTIFICATE PURCHASE PRICE, THE COURT MAY, AS PRAYED FOR 2,471
IN THE COMPLAINT, ISSUE A DECREE TRANSFERRING FEE SIMPLE TITLE
FREE AND CLEAR OF ALL SUBORDINATE LIENS TO THE CERTIFICATE 2,472
HOLDER. A DECREE OF THE COURT TRANSFERRING SUCH FEE SIMPLE TITLE 2,473
TO THE CERTIFICATE HOLDER IS FOREVER A BAR TO ALL RIGHTS OF 2,474
REDEMPTION WITH RESPECT TO THE CERTIFICATE PARCEL.
EACH CERTIFICATE PARCEL SHALL BE ADVERTISED AND SOLD BY THE 2,477
OFFICER TO WHOM THE ORDER OF SALE IS DIRECTED IN THE MANNER
PROVIDED BY LAW FOR THE SALE OF REAL PROPERTY ON EXECUTION. THE 2,478
ADVERTISEMENT FOR SALE OF CERTIFICATE PARCELS SHALL BE PUBLISHED 2,479
ONCE A WEEK FOR THREE CONSECUTIVE WEEKS AND SHALL INCLUDE THE 2,480
DATE ON WHICH A SECOND SALE WILL BE CONDUCTED IF NO BID IS 2,481
ACCEPTED AT THE FIRST SALE. ANY NUMBER OF PARCELS MAY BE 2,482
INCLUDED IN ONE ADVERTISEMENT. 2,483
WHENEVER THE OFFICER CHARGED TO CONDUCT THE SALE OFFERS A 2,486
CERTIFICATE PARCEL FOR SALE AND NO BIDS ARE MADE EQUAL TO AT 2,487
LEAST THE AMOUNT OF THE COURT'S FINDING, THE OFFICER SHALL 2,488
ADJOURN THE SALE OF THE PARCEL TO THE SECOND DATE THAT WAS
SPECIFIED IN THE ADVERTISEMENT OF SALE. THE SECOND SALE SHALL BE 2,490
HELD AT THE SAME PLACE AND COMMENCE AT THE SAME TIME AS SET FORTH 2,491
IN THE ADVERTISEMENT OF SALE. THE OFFICER SHALL OFFER ANY PARCEL 2,492
NOT SOLD AT THE FIRST SALE. UPON THE CONCLUSION OF ANY SALE, OR 2,493
IF ANY PARCEL REMAINS UNSOLD AFTER BEING OFFERED AT TWO SALES, 2,494
THE OFFICER CONDUCTING THE SALE SHALL REPORT THE RESULTS TO THE 2,495
COURT.
UPON THE CONFIRMATION OF A SALE, THE PROCEEDS OF THE SALE 2,498
SHALL BE APPLIED AS FOLLOWS:
(A) THE FEES AND COSTS INCURRED IN THE PROCEEDING FILED 2,500
AGAINST THE PARCEL PURSUANT TO SECTION 5721.37 OF THE REVISED 2,502
65
CODE, NOT INCLUDING THE COUNTY PROSECUTOR'S COSTS COVERED BY THE 2,503
FEE PAID BY THE CERTIFICATE HOLDER UNDER DIVISION (B)(3) OF THAT 2,504
SECTION, SHALL BE PAID FIRST.
(B) FOLLOWING THE PAYMENT REQUIRED BY DIVISION (A) OF THIS 2,507
SECTION, THE CERTIFICATE HOLDER THAT REQUESTED THE FORECLOSURE 2,508
SHALL BE PAID THE SUM OF THE AMOUNT FOUND DUE FOR THE CERTIFICATE 2,509
REDEMPTION PRICES OF ALL THE TAX CERTIFICATES SOLD AGAINST THE
PARCEL; ANY PREMIUM PAID BY THE CERTIFICATE HOLDER AT THE TIME OF 2,510
PURCHASE; INTEREST ON THE CERTIFICATE PURCHASE PRICES OF THOSE 2,512
CERTIFICATES AT THE RATE OF EIGHTEEN PER CENT PER YEAR BEGINNING
ON THE DAY ON WHICH THE PAYMENT WAS SUBMITTED BY THE CERTIFICATE 2,513
HOLDER UNDER DIVISION (B) OF SECTION 5721.37 OF THE REVISED CODE 2,514
AND ENDING ON THE DAY OF THE SALE; AND THE AMOUNTS PAID BY THE 2,515
CERTIFICATE HOLDER UNDER DIVISIONS (B)(2) AND (3) OF SECTION 2,516
5721.37 OF THE REVISED CODE.
(C) FOLLOWING THE PAYMENT REQUIRED BY DIVISION (B) OF THIS 2,519
SECTION, ANY AMOUNT DUE FOR TAXES, ASSESSMENTS, CHARGES, 2,520
PENALTIES, AND INTEREST NOT COVERED BY THE TAX CERTIFICATE 2,521
HOLDER'S PAYMENT UNDER DIVISION (B)(2) OF SECTION 5721.37 OF THE 2,522
REVISED CODE SHALL BE PAID, INCLUDING ALL TAXES, ASSESSMENTS,
CHARGES, PENALTIES, AND INTEREST PAYABLE SUBSEQUENT TO THE ENTRY 2,523
OF THE FINDING AND PRIOR TO THE TRANSFER OF THE DEED OF THE 2,524
PARCEL TO THE PURCHASER FOLLOWING CONFIRMATION OF SALE. IF THE 2,525
PROCEEDS AVAILABLE FOR DISTRIBUTION PURSUANT TO THIS DIVISION ARE 2,526
INSUFFICIENT TO PAY THE ENTIRE AMOUNT OF THOSE TAXES, 2,527
ASSESSMENTS, CHARGES, PENALTIES, AND INTEREST, THE PROCEEDS SHALL 2,528
BE PAID TO EACH CLAIMANT IN PROPORTION TO THE AMOUNT OF THOSE 2,529
TAXES, ASSESSMENTS, CHARGES, PENALTIES, AND INTEREST THAT EACH IS 2,530
DUE, AND THOSE TAXES, ASSESSMENTS, CHARGES, PENALTIES, AND 2,531
INTEREST ARE DEEMED SATISFIED. 2,532
ANY RESIDUE OF MONEY FROM PROCEEDS OF THE SALE SHALL BE 2,534
DISPOSED OF AS PRESCRIBED BY SECTION 5721.20 OF THE REVISED CODE. 2,536
UNLESS THE PARCEL PREVIOUSLY WAS REDEEMED PURSUANT TO 2,538
SECTION 5721.25 OR 5721.38 OF THE REVISED CODE, UPON THE FILING 2,540
66
OF THE ENTRY OF CONFIRMATION OF SALE, THE TITLE TO THE PARCEL IS 2,541
INCONTESTABLE IN THE PURCHASER AND IS FREE AND CLEAR OF ALL LIENS 2,542
AND ENCUMBRANCES, EXCEPT A FEDERAL TAX LIEN NOTICE OF WHICH IS 2,543
PROPERLY FILED IN ACCORDANCE WITH SECTION 317.09 OF THE REVISED 2,544
CODE PRIOR TO THE DATE THAT A FORECLOSURE PROCEEDING IS 2,545
INSTITUTED PURSUANT TO SECTION 5721.37 OF THE REVISED CODE, WHICH 2,546
LIEN WAS FORECLOSED IN ACCORDANCE WITH 28 U.S.C.A. 2410(c), AND 2,547
THE EASEMENTS AND COVENANTS OF RECORD RUNNING WITH THE LAND OR 2,548
LOTS THAT WERE CREATED PRIOR TO THE TIME THE TAXES OR 2,549
ASSESSMENTS, FOR THE NONPAYMENT OF WHICH A TAX CERTIFICATE WAS 2,550
ISSUED AND THE PARCEL SOLD AT FORECLOSURE, BECAME DUE AND 2,551
PAYABLE.
THE TITLE SHALL NOT BE INVALID BECAUSE OF ANY IRREGULARITY, 2,554
INFORMALITY, OR OMISSION OF ANY PROCEEDINGS UNDER THIS CHAPTER, 2,555
OR IN ANY PROCESSES OF TAXATION, IF SUCH IRREGULARITY, 2,556
INFORMALITY, OR OMISSION DOES NOT ABROGATE THE PROVISION FOR 2,557
NOTICE TO HOLDERS OF TITLE, LIEN, OR MORTGAGE TO, OR OTHER 2,558
INTERESTS IN, SUCH FORECLOSED PARCELS, AS PRESCRIBED IN THIS 2,559
CHAPTER.
Sec. 5721.40. IF ANY CERTIFICATE PARCEL IS TWICE OFFERED 2,562
FOR SALE PURSUANT TO SECTION 5721.39 OF THE REVISED CODE AND 2,563
REMAINS UNSOLD FOR WANT OF BIDDERS, THE OFFICER WHO CONDUCTED THE 2,564
SALES SHALL CERTIFY TO THE COURT THAT THE PARCEL REMAINS UNSOLD 2,565
AFTER TWO SALES. THE COURT, BY ENTRY, SHALL ORDER THE PARCEL 2,566
FORFEITED TO THE CERTIFICATE HOLDER WHO FILED THE REQUEST FOR 2,567
FORECLOSURE UNDER SECTION 5721.37 OF THE REVISED CODE. THE CLERK 2,568
OF THE COURT SHALL CERTIFY COPIES OF THE COURT'S ORDER TO THE 2,569
COUNTY TREASURER. THE COUNTY TREASURER SHALL NOTIFY THE 2,570
CERTIFICATE HOLDER BY ORDINARY AND CERTIFIED MAIL, RETURN RECEIPT 2,571
REQUESTED, THAT THE PARCEL REMAINS UNSOLD, AND SHALL INSTRUCT THE 2,572
CERTIFICATE HOLDER OF THE MANNER IN WHICH THE HOLDER SHALL OBTAIN 2,573
THE DEED TO THE PARCEL. THE OFFICER WHO CONDUCTED THE SALES 2,574
SHALL PREPARE AND RECORD THE DEED CONVEYING TITLE TO THE PARCEL 2,575
TO THE CERTIFICATE HOLDER.
67
UPON TRANSFER OF THE DEED TO THE CERTIFICATE HOLDER UNDER 2,578
THIS SECTION, ALL RIGHT, TITLE, CLAIM, AND INTEREST IN THE 2,579
CERTIFICATE PARCEL ARE TRANSFERRED TO AND VESTED IN THE 2,580
CERTIFICATE HOLDER.
Sec. 5721.41. INTEREST REQUIRED UNDER SECTIONS 5721.30 TO 2,582
5721.41 OF THE REVISED CODE IS SIMPLE INTEREST. INTEREST CHARGES 2,584
UNDER THOSE SECTIONS SHALL ACCRUE ON A MONTHLY BASIS, ON THE 2,585
FIRST DAY OF THE MONTH FOLLOWING THE BEGINNING OF THE PERIOD 2,586
DURING WHICH INTEREST ACCRUES AND ON THE FIRST DAY OF EACH 2,587
SUBSEQUENT MONTH.
Sec. 5721.30 5721.46. If the county treasurer, by means of 2,596
the remedies provided by law or otherwise, determines that 2,598
delinquent lands containing or producing minerals or any rights 2,599
to minerals, as separately listed and taxed from the fee of the 2,600
soil pursuant to sections 5713.04, 5713.05, and 5713.06 of the
Revised Code, have appeared on the delinquent land list and 2,602
duplicate for five years and that taxes charged against those 2,604
minerals or rights to minerals have become uncollectible, the 2,605
county treasurer shall certify that determination, together with 2,606
the reasons for the determination, to the county board of
revision and the prosecuting attorney. If the board of revision 2,608
and the prosecuting attorney determine that the taxes are 2,609
uncollectible, the board of revision and the prosecuting attorney 2,610
shall certify their finding to the county auditor, who shall 2,611
cause the taxes to be stricken from the general tax list and
duplicate of real and public utility property and from the 2,612
delinquent tax list and duplicate. 2,613
Section 2. That existing sections 169.03, 317.08, 323.25, 2,615
323.31, 5301.25, 5528.51, 5528.54, 5538.53, 5721.01, 5721.03, 2,616
5721.06, 5721.10, and 5721.30 of the Revised Code are hereby 2,617
repealed.