As Reported by House Ways and Means Committee            1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 493    5            

      1999-2000                                                    6            


       REPRESENTATIVES A. CORE-BRADING-D. MILLER-GARDNER-          8            

 WILLAMOWSKI-DAMSCHRODER-LOGAN-NETZLEY-OLMAN-GRENDELL-HOLLISTER-   9            

    CLANCY-VESPER-SCHULER-KRUPINSKI-VAN VYVEN-METZGER-HARRIS-      10           

  COUGHLIN-TIBERI-MYERS-MOTTLEY-AUSTRIA-DISTEL-PERRY-HARTNETT-     11           

                         JERSE-PETERSON                            12           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 321.45, 323.121, 323.132, 323.15,   15           

                323.25, 323.29, 323.31, 323.49, 5709.631,          17           

                5713.08, 5713.20, 5715.27, 5719.03, 5719.04,                    

                5719.041, 5719.05, 5721.02, 5721.03, 5721.06,      18           

                5721.10, 5721.14, 5721.18, 5721.19, 5721.25,       19           

                5721.30, 5721.31, 5721.32, 5721.34, 5721.36,                    

                5721.37, 5721.38, and 5721.39 and to enact         20           

                sections 5713.083 and 5721.42 of the Revised Code  21           

                to provide county treasurers with greater                       

                flexibility in entering into agreements with       22           

                delinquent taxpayers, to authorize county          23           

                treasurers to accept partial payment of taxes                   

                under certain circumstances, to allow taxing       24           

                authorities to agree to abate the collection of    25           

                unpaid taxes against real property when a                       

                nonprofit corporation agrees to improve the        26           

                property to make it fit for use as dwellings, and               

                to make other changes related to tax foreclosures  28           

                and tax certificates.                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 321.45, 323.121, 323.132, 323.15,  32           

323.25, 323.29, 323.31, 323.49, 5709.631, 5713.08, 5713.20,        34           

                                                          2      


                                                                 
5715.27, 5719.03, 5719.04, 5719.041, 5719.05, 5721.02, 5721.03,    35           

5721.06, 5721.10, 5721.14, 5721.18, 5721.19, 5721.25, 5721.30,     36           

5721.31, 5721.32, 5721.34, 5721.36, 5721.37, 5721.38, and 5721.39  37           

be amended and sections 5713.083 and 5721.42 of the Revised Code   38           

be enacted to read as follows:                                                  

      Sec. 321.45.  (A)  As used in this section:                  47           

      (1)  "Taxpayer" means any person in whose name a parcel of   49           

property or manufactured or mobile home is listed on the tax       50           

duplicate OR A VENDEE OF SUCH PROPERTY UNDER A PURCHASE AGREEMENT  51           

OR LAND CONTRACT.                                                  52           

      (2)  "Prepayment" means any amount given to the county       54           

treasurer by a taxpayer under this section for the treasurer to    55           

apply as payment of the taxpayer's total taxes due in accordance   56           

with this section.                                                 57           

      (3)  In the case of a parcel of property or a manufactured   59           

or mobile home listed on the real property tax list, "taxes,"      60           

"delinquent taxes," and "current taxes" have the same meanings as  62           

in section 323.01 of the Revised Code.  In the case of a           63           

manufactured or mobile home listed on the manufactured home tax                 

list, "taxes" means manufactured home taxes levied pursuant to     64           

section 4503.06 of the Revised Code.                               65           

      (4)  "Duplicate" means the treasurer's duplicate of real     67           

and public utility property and the manufactured home tax list.    68           

      (5)  In the case of a parcel of property or a manufactured   70           

or mobile home listed on the real property tax list, "total taxes  71           

due" means all delinquent taxes and that portion of current taxes  73           

that, in order to avoid a penalty, are required to be paid by the  74           

next date that is the last date on which an installment of taxes   75           

may be paid without penalty.  In the case of a manufactured or     76           

mobile home listed on the manufactured home tax list, "total                    

taxes due" means all taxes levied and due under section 4503.06    77           

of the Revised Code, including any penalty.                        78           

      (B)(1)(a)  A county treasurer may enter into a written       80           

agreement with any taxpayer FOR THE PAYMENT OF CURRENT TAXES,      81           

                                                          3      


                                                                 
upon mutually agreed on terms and conditions, under which both of  84           

the following occur:                                                            

      (a)(i)  The taxpayer agrees to tender prepayments of taxes   86           

on a parcel of property or manufactured or mobile home listed on   87           

the tax duplicate in the name of the taxpayer;                     88           

      (b)(ii)  The treasurer agrees to accept the prepayments and  90           

hold them either in an escrow fund or a separate depository        91           

account until the last day that an installment of current taxes    92           

may be paid without penalty, at which time the treasurer further   94           

agrees to apply, in TOWARD THE payment of the total CURRENT taxes  96           

due on the parcel or the manufactured or mobile home, an THE       97           

amount of the prepayments that equals the total taxes due          98           

COLLECTED on the parcel or the manufactured or mobile home.  If a  101          

discount is not given under division (B)(2) of this section, any   102          

earnings on prepayments in an escrow fund or depository account    103          

shall be paid to the credit of a special interest account to be    104          

used by the treasurer only for the payment of the expenses         105          

incurred in establishing and administering the system for          106          

collecting prepayments under division (B)(1) of this section.      108          

      (b)  A COUNTY TREASURER AND A TAXPAYER MAY ENTER INTO BOTH   110          

A WRITTEN AGREEMENT FOR THE PAYMENT OF CURRENT TAXES UNDER         112          

DIVISION (B)(1)(a) OF THIS SECTION AND A WRITTEN CONTRACT FOR THE  114          

PAYMENT OF DELINQUENT TAXES UNDER SECTION 323.31 OF THE REVISED    115          

CODE.                                                                           

      (2)  In addition to providing for the items enumerated in    117          

division (B)(1) of this section, the agreement may provide for     118          

the treasurer to invest prepayments held in the escrow fund or     119          

depository account, subject to Chapter 135. of the Revised Code,   120          

and apply the investment earnings thereon, after deducting an      121          

amount to pay the expenses incurred by the treasurer in            122          

establishing and administering the prepayment system, as a         123          

discount against the total taxes due of each taxpayer entering     124          

into such an agreement.  The balance applied to the discounts      125          

shall be apportioned among taxpayers in such a manner that the     126          

                                                          4      


                                                                 
discount credited to a taxpayer for each parcel of property or     127          

manufactured or mobile home for which taxes are prepaid is         129          

commensurate with the amount of current taxes due and the length   130          

of time current taxes are held in escrow.  Discounts accruing to   131          

prepayments made for a tax year shall be applied against total     132          

taxes due for the ensuing tax year.  No discount shall be          133          

apportioned to a taxpayer who fails to pay the total taxes due or  134          

fails to make prepayments pursuant to the terms of the agreement.  135          

      (C)  A prepayment accepted by a treasurer under an           137          

agreement under division (B) of this section does not constitute   138          

a payment of taxes until it is applied toward the payment of       139          

taxes as provided in this section.  A separate prepayment          140          

agreement is required for each parcel of property or manufactured  141          

or mobile home, except that a taxpayer who makes prepayments on    142          

more than one parcel or manufactured or mobile home may enter      143          

into a single agreement covering all of the parcels or             145          

manufactured or mobile homes.  The single agreement shall specify  146          

the manner in which each prepayment shall be apportioned among     147          

the parcels or manufactured or mobile homes.  The treasurer shall  149          

keep a separate record for each parcel or manufactured or mobile   150          

home showing the date and amount of each prepayment.               151          

      (D)  No treasurer shall fail to apply prepayments toward     153          

the payment of taxes as required pursuant to an agreement entered  154          

into under division (B) of this section; however, the total        155          

amount of prepayments shall equal or exceed the total taxes due,   156          

less any discount applied for a previous period under division     157          

(B)(2) of this section.                                            158          

      (E)  The treasurer shall give each person who makes a tax    160          

prepayment in person at the office of the county treasurer a       161          

receipt in the form that the prepayment agreement requires.  The   162          

treasurer shall give a receipt to a person who makes a tax         163          

prepayment to the treasurer by mail only if the taxpayer encloses  164          

with the prepayment an addressed envelope with sufficient          165          

postage, in which case the treasurer shall insert a receipt for    166          

                                                          5      


                                                                 
the prepayment in that envelope and deposit it in the mail.  The   167          

treasurer may refund any amount tendered as a prepayment if the    168          

taxpayer so requests and files with the treasurer an affidavit     169          

and the supporting documents the treasurer requires providing      170          

that the taxpayer no longer owns the property.  The request for    171          

the refund shall be made prior to the date of the mailing of a     172          

tax bill and escrow statement to the taxpayer.  If a taxpayer who  173          

has entered into a prepayment agreement pursuant to this section   174          

dies before the last day on which an installment of current taxes  175          

may be paid without penalty, the treasurer may refund the amount   176          

of any prepayments made by that taxpayer to the executor or        177          

administrator of the taxpayer's estate.                            178          

      (F)  If the treasurer has received any prepayments from a    180          

taxpayer, the treasurer shall add to the tax bill required by      181          

section 323.13 of the Revised Code a tax escrow statement that     182          

shall specify the total amount of prepayments received by the      183          

treasurer on or before the date the statement was prepared, the    184          

balance of total taxes due for which no prepayment has been        185          

received, the amount of any discount to be applied to total taxes  186          

due, and the date the statement was prepared.                      187          

      (G)  If the total amount of a taxpayer's prepayments to the  189          

treasurer made on or before the final date an installment of       190          

taxes may be paid without penalty do not equal or exceed the       191          

total CURRENT taxes due on that date, the taxpayer is not          192          

relieved of any late penalty or interest otherwise due pursuant    194          

to section 323.121 of the Revised Code SHALL BE ASSESSED ON THE    195          

BALANCE DUE AFTER THE TREASURER HAS APPLIED THE PREPAYMENTS.  If   196          

the treasurer fails to apply prepayments received by the           197          

treasurer's office in accordance with the terms of an agreement    199          

and the total amount of the taxpayer's prepayments equals or       200          

exceeds the total taxes due, the taxpayer is relieved of any late  201          

penalty or interest imposed under section 323.121 of the Revised   202          

Code.                                                                           

      (H)  The office of the county treasurer shall bear all of    204          

                                                          6      


                                                                 
the costs of establishing and administering a system for           205          

collecting prepayments as permitted by this section.               206          

      (I)  Before the county treasurer commences a prepayment      208          

system, the tax commissioner shall approve all procedures and      209          

forms to be used in the system.                                    210          

      (J)  The treasurer may enter into any agreements necessary   212          

to enable the taxpayer to make prepayments of taxes to the office  213          

of the treasurer through the electronic transfer of funds from an  214          

account in the name of the taxpayer at a financial institution.    215          

      Sec. 323.121.  (A)  If one-half of the current taxes         224          

charged against an entry of real estate together with the full     225          

amount of any delinquent taxes or any installment thereof          226          

required to be paid under a written undertaking DELINQUENT TAX     228          

CONTRACT are not paid on or before the thirty-first day of         229          

December in that year or on or before the last day for such        230          

payment as extended pursuant to section 323.17 of the Revised      231          

Code, a penalty of ten per cent shall be charged against the       232          

unpaid balance of such half of the current taxes on the            233          

duplicate.  If the total amount of all such taxes is not paid on   234          

or before the twentieth day of June, next thereafter, or on or     235          

before the last day for such payment as extended pursuant to       236          

section 323.17 of the Revised Code, a like penalty shall be        237          

charged on the balance of the total amount of such unpaid current  238          

taxes.                                                                          

      (B)(1)  On the first day of the month following the last     240          

day the second installment of taxes may be paid without penalty,   241          

interest shall be charged against and computed on all delinquent   242          

taxes other than the current taxes that became delinquent taxes    243          

at the close of the last day such second installment could be      244          

paid without penalty.  The charge shall be for interest that       245          

accrued during the period that began on the preceding first day    246          

of December and ended on the last day of the month that included   247          

the last date such second installment could be paid without        248          

penalty.  The interest shall be computed at the rate per annum     249          

                                                          7      


                                                                 
prescribed by section 5703.47 of the Revised Code and shall be     250          

entered as a separate item on the tax list and duplicate compiled  251          

under section 319.28 or 5721.011 of the Revised Code, whichever    252          

list and duplicate are first compiled after the date on which      253          

such interest is computed and charged.  However, for tracts and    254          

lots on the real property tax suspension list under section        255          

319.48 of the Revised Code, the interest shall not be entered on   256          

the tax list and duplicate compiled under section 319.28 of the    257          

Revised Code, but shall be entered on the first tax list and       258          

duplicate compiled under section 5721.011 of the Revised Code                   

after the date on which the interest is computed and charged.      259          

      (2)  On the first day of December, the interest shall be     261          

charged against and computed on all delinquent taxes.  The charge  262          

shall be for interest that accrued during the period that began    263          

on the first day of the month following the last date prescribed   264          

for the payment of the second installment of taxes in the current  265          

year and ended on the immediately preceding last day of November.  266          

The interest shall be computed at the rate per annum prescribed    267          

by section 5703.47 of the Revised Code and shall be entered as a   268          

separate item on the tax list and duplicate compiled under         269          

section 319.28 or 5721.011 of the Revised Code, whichever list     270          

and duplicate are first compiled after the date on which such      271          

interest is computed and charged.  However, for tracts and lots    272          

on the real property tax suspension list under section 319.48 of   273          

the Revised Code, the interest shall not be entered on the tax     274          

list and duplicate compiled under section 319.28 of the Revised    275          

Code, but shall be entered on the first tax list and duplicate     276          

compiled under section 5721.011 of the Revised Code after the                   

date on which the interest is computed and charged.                277          

      (3)  After a valid undertaking DELINQUENT TAX CONTRACT has   279          

been entered into for the payment of any delinquent taxes, no      281          

interest shall be charged against such delinquent taxes while the  282          

undertaking DELINQUENT TAX CONTRACT remains in effect in           284          

compliance with section 323.31 of the Revised Code.  If a valid    285          

                                                          8      


                                                                 
undertaking DELINQUENT TAX CONTRACT becomes void, interest shall   287          

be charged against the delinquent taxes for the periods that       288          

interest was not permitted to be charged while the undertaking     289          

DELINQUENT TAX CONTRACT was in effect.  The interest shall be      291          

charged on the day the undertaking DELINQUENT TAX CONTRACT         292          

becomes void and shall equal the amount of interest that would     293          

have been charged against the unpaid delinquent taxes outstanding  294          

on the dates on which interest would have been charged thereon     295          

under divisions (B)(1) and (2) of this section had the             296          

undertaking DELINQUENT TAX CONTRACT not been in effect.            298          

      (C)  If the full amount of the taxes due at either of the    300          

times prescribed by division (A) of this section is paid within    301          

ten days after such time, the county treasurer shall waive the     302          

collection of and the county auditor shall remit one-half of the   303          

penalty provided for in such division for failure to make that     304          

payment by the prescribed time.                                    305          

      (D)  The treasurer shall compile and deliver to the county   307          

auditor a list of all tax payments he THE TREASURER has received   308          

as provided in division (C) of this section.  The list shall       310          

include any information required by the auditor for the remission  311          

of the penalties waived by the treasurer.  The taxes so collected  312          

shall be included in the settlement next succeeding the            313          

settlement then in process.                                        314          

      Sec. 323.132.  If one-half of the current taxes CHARGED      323          

against an entry of real estate is not paid on or before the       324          

thirty-first day of December of that THE year FOR WHICH THEY ARE   325          

CHARGED OR ON OR BEFORE THE LAST DAY FOR SUCH PAYMENT AS EXTENDED  327          

PURSUANT TO SECTION 323.17 OF THE REVISED CODE, that amount,                    

together with all delinquent taxes or installment thereof,         329          

charged against such entry may be paid at any time prior to the    330          

date on which tax bills for the second one-half HALF collection    331          

are mailed and delivered, without at the same time requiring       332          

payment of the second half of such taxes.                          333          

      If the total amount of such current taxes, delinquent        335          

                                                          9      


                                                                 
taxes, and all installment payments due under section 323.31 of    336          

the Revised Code are not paid on or before the twentieth day of    337          

June, next thereafter, OR ON OR BEFORE THE LAST DAY FOR THAT       340          

PAYMENT AS EXTENDED PURSUANT TO SECTION 323.17 OF THE REVISED      341          

CODE, the balance of the amount of such taxes, plus all penalties  342          

and interest imposed by section 323.121 of the Revised Code,       343          

constitutes the delinquent taxes on such entry, which shall be     344          

placed on the delinquent land list and duplicate pursuant to       345          

section 5721.011 of the Revised Code and shall be collected in     346          

the manner prescribed by law, unless the property against which    347          

such taxes are charged is the subject of an application for        348          

exemption from taxation pursuant to section 5715.27 of the         349          

Revised Code.                                                                   

      A taxpayer may tender, and the treasurer shall accept, the   351          

full amount of delinquent taxes charged against an entry of real   352          

estate without having to tender at the same time the payment of    353          

any current taxes that are due and payable.                        354          

      Any partial payment of taxes tendered to a A county          356          

treasurer may be accepted if the taxes are paid pursuant to        357          

section 323.133 of the Revised Code or if the treasurer            358          

determines that the amount tendered was intended by the taxpayer   359          

to be equal to the amount due but is more or less than such        360          

amount as a result of what appears to the treasurer to be an       361          

obvious taxpayer error.  The treasurer may accept a partial        363          

payment in which the only unpaid amount is the amount of a         364          

penalty for late payment provided the taxpayer files with the      365          

payment a copy of his application to the tax commissioner for the  366          

remission of the penalty or the payment is received within ten     367          

days of the last date the taxes could have been paid without       369          

penalty PAYMENTS OF TAXES.  Any overpayment shall be refunded by   371          

the treasurer in the manner most convenient to the treasurer.      372          

When the amount tendered and accepted is less than the amount      373          

due, the unpaid balance shall be treated as other unpaid taxes,    374          

and, except when the unpaid amount is the penalty, the treasurer   375          

                                                          10     


                                                                 
shall notify the taxpayer of such deficiency.                      376          

      IF THE TAXPAYER FILES WITH THE PAYMENT OF TAXES A COPY OF    378          

AN APPLICATION TO THE TAX COMMISSIONER FOR REMISSION OF PENALTY,   379          

OR THE PAYMENT IS RECEIVED WITHIN TEN DAYS AFTER THE LAST DAY THE  380          

TAXES MAY BE PAID WITHOUT PENALTY, THE COUNTY TREASURER SHALL      381          

ACCEPT A PARTIAL PAYMENT IN WHICH THE ONLY UNPAID AMOUNT IS THE    382          

PENALTY FOR LATE PAYMENT.                                          383          

      If, at any time, and having been provided such               385          

documentation as may be found acceptable by him THE COUNTY         386          

TREASURER, the county treasurer determines that due to a clerical  388          

error, a taxpayer has overpaid either the first one-half or        389          

second one-half payment of current taxes as charged on the tax     390          

list and duplicate, the treasurer may refund the amount of the     391          

overpayment to the taxpayer in the manner most convenient to the   392          

treasurer.                                                                      

      Sec. 323.15.  Except as otherwise provided by sections       401          

321.45, 323.132, 323.133, and 323.31 of the Revised Code, no       402          

person shall be permitted to pay THE COUNTY TREASURER MAY ACCEPT   403          

PAYMENT OF less than the full amount of taxes charged and payable  405          

for all purposes on real estate at the times provided by sections  406          

323.12 and 323.17 of the Revised Code, except IN SUCH AMOUNTS AS   407          

THE COUNTY TREASURER CONSIDERS REASONABLE.  EXCEPT AS OTHERWISE    408          

PROVIDED BY SECTIONS 323.133, 323.31, AND 5715.19 OF THE REVISED   409          

CODE, AND when the collection of a particular tax is legally       411          

enjoined, INTEREST AND PENALTIES SHALL ACCRUE ON THE UNPAID        412          

AMOUNT.  A person claiming to be the owner of an undivided         413          

interest in any real estate may present to the county auditor the  414          

recorded evidence of the existence and fractional extent of such   415          

interest; and the auditor may note the existence and extent of     416          

such interest, as ascertained by him THE AUDITOR, on the margin    417          

of the tax list in the name of such person and give a certificate  419          

of the interest to the county treasurer, who shall enter it on     420          

the margin of the tax duplicate.  Any person claiming to be        421          

entitled to or in any way interested in such interest may pay,     422          

                                                          11     


                                                                 
and the treasurer may receive that proportion of the full amount   423          

of the taxes charged and payable for all purposes on the real      424          

estate affected, which is represented by the fraction expressing   425          

the extent of such interest.  The payment so made and received     426          

shall be entered on the duplicate, shall be credited by the        427          

treasurer at the time of the next succeeding settlement of real    428          

estate taxes, and shall have the effect of relieving the           429          

undivided interest in such real estate, so entered on the margin   430          

of the tax list and duplicate, from the lien of the taxes charged  431          

on such duplicate against the real estate.  Thereafter, in making  432          

up the tax list and duplicate, the auditor shall enter such        433          

interest and the proportional value of it separately from the      434          

other interests in such land, and shall adjust the value of the    435          

latter accordingly.                                                436          

      Sec. 323.25.  When taxes charged against an entry on the     445          

tax duplicate, or any part of such taxes, are not paid within      446          

sixty days after delivery of the delinquent land duplicate to the  447          

county treasurer as prescribed by section 5721.011 of the Revised  448          

Code, the county treasurer shall enforce the lien for such taxes   449          

by civil action in the treasurer's official capacity as            450          

treasurer, for the sale of such premises, in the court of common   452          

pleas of the county in the same way mortgage liens are enforced.   453          

If the delinquent land duplicate lists minerals or rights to       454          

minerals listed pursuant to sections 5713.04, 5713.05, and         455          

5713.06 of the Revised Code, the county treasurer may enforce the  457          

lien for taxes against such minerals or rights to minerals by      458          

civil action, in the treasurer's official capacity as treasurer,   459          

in the manner prescribed by this section, or proceed as provided                

under section 5721.46 of the Revised Code.                         461          

      If service by publication is necessary, such publication     464          

shall be made once a week for three consecutive weeks instead of   465          

as provided by the Rules of Civil Procedure, and the service       466          

shall be complete at the expiration of three weeks after the date  467          

of the first publication.  If the prosecuting attorney determines  468          

                                                          12     


                                                                 
that service upon a defendant may be obtained ultimately only by   469          

publication, the prosecuting attorney may cause service to be      471          

made simultaneously by certified mail, return receipt requested,   472          

ordinary mail, and publication.  The treasurer shall not enforce   475          

the lien for taxes against real property to which any of the       476          

following applies:                                                              

      (A)  The real property is the subject of an application for  479          

exemption from taxation under section 5715.27 of the Revised Code  480          

and does not appear on the delinquent land duplicate;              481          

      (B)  The real property is the subject of a valid             483          

undertaking DELINQUENT TAX CONTRACT under section 323.31 of the    485          

Revised Code for which the county treasurer has not made                        

certification to the county auditor that the undertaking           487          

DELINQUENT TAX CONTRACT has become void in accordance with that    490          

section;                                                                        

      (C)  A tax certificate respecting that property has been     492          

sold under section 5721.32 or 5721.33 of the Revised Code;         493          

provided, however, that nothing in this division shall prohibit    495          

the county treasurer or the county prosecuting attorney from       496          

enforcing the lien of the state and its political subdivisions     497          

for taxes against a certificate parcel with respect to any or all  498          

of such taxes that at the time of enforcement of such lien are     499          

not the subject of a tax certificate.                                           

      Upon application of the plaintiff, the court shall advance   501          

such cause on the docket, so that it may be first heard.           502          

      Sec. 323.29.  The partial payment of delinquent taxes        511          

charged on the tax duplicate against any entry of real property,   512          

as authorized by section 323.133 or 323.31 of the Revised Code,    513          

shall not prevent such real property from being certified as       514          

delinquent; however, partial payment of such taxes under section                

323.133 of the Revised Code shall preclude the commencement of     515          

foreclosure proceedings unless the tax commissioner subsequently   516          

certifies to the county auditor that partial payment under such    517          

section is no longer authorized.  Partial payment of delinquent    518          

                                                          13     


                                                                 
taxes IN ACCORDANCE WITH THE TERMS OF A DELINQUENT TAX CONTRACT    519          

under section 323.31 of the Revised Code shall preclude the        520          

commencement of foreclosure proceedings unless the county                       

treasurer subsequently certifies to the county auditor that the    521          

undertaking DELINQUENT TAX CONTRACT has become void.               522          

      Sec. 323.31.  (A)  Delinquent taxes charged against any      531          

entry of real property, or charged against a manufactured or       532          

mobile home pursuant to division (C) of section 4503.06 of the     533          

Revised Code, may be paid pursuant to this division by the A       535          

person who owns the AGRICULTURAL REAL PROPERTY OR OWNS AND         536          

OCCUPIES RESIDENTIAL real property or A manufactured or mobile     537          

home or is a vendee in possession under a purchase agreement or    539          

land contract after THAT DOES NOT HAVE AN OUTSTANDING TAX LIEN     540          

CERTIFICATE OR JUDGMENT OF FORECLOSURE AGAINST IT, AND A PERSON    541          

WHO IS A VENDEE OF SUCH PROPERTY UNDER A PURCHASE AGREEMENT OR     542          

LAND CONTRACT AND WHO OCCUPIES THE PROPERTY, SHALL HAVE AT LEAST                

ONE OPPORTUNITY TO PAY THE DELINQUENT OR UNPAID CURRENT TAXES      543          

CHARGED AGAINST THE PROPERTY BY entering into a written            545          

undertaking DELINQUENT TAX CONTRACT with the county treasurer in   546          

a form prescribed or approved by the tax commissioner.  The        547          

undertaking SUBSEQUENT OPPORTUNITIES TO ENTER INTO A DELINQUENT    549          

TAX CONTRACT SHALL BE AT THE COUNTY TREASURER'S SOLE DISCRETION.   550          

      THE TREASURER MAY ENTER INTO A DELINQUENT TAX CONTRACT WITH  553          

AN OWNER OR VENDEE OF REAL PROPERTY OTHER THAN RESIDENTIAL REAL    554          

PROPERTY OR A MANUFACTURED OR MOBILE HOME THAT IS OCCUPIED BY THE  555          

OWNER AND OTHER THAN AGRICULTURAL REAL PROPERTY.                   556          

      THE DELINQUENT TAX CONTRACT may be entered into at any time  559          

prior to the commencement of foreclosure proceedings by the        561          

county treasurer and the county prosecuting attorney pursuant to   563          

section 323.25 of the Revised Code or by the county prosecuting                 

attorney pursuant to section 5721.18 of the Revised Code, the      564          

commencement of foreclosure proceedings by a private attorney      565          

pursuant to section 5721.37 of the Revised Code, or the            566          

commencement of foreclosure and forfeiture proceedings pursuant    567          

                                                          14     


                                                                 
to section 5721.14 of the Revised Code.  A duplicate copy of each  568          

such undertaking DELINQUENT TAX CONTRACT shall be filed with the   569          

county auditor, who shall attach the copy to the delinquent land   571          

tax certificate, delinquent vacant land tax certificate, or the    572          

delinquent manufactured home tax list, or who shall enter an       573          

asterisk in the margin next to the entry for the tract or lot on   574          

the master list of delinquent tracts, master list of delinquent    576          

vacant tracts, or next to the entry for the home on the            577          

delinquent manufactured home tax list, prior to filing it with     578          

the prosecuting attorney under section 5721.13 of the Revised      580          

Code, or, in the case of the delinquent manufactured home tax      581          

list, prior to filing it with the county recorder under division   582          

(H)(2) of section 4503.06 of the Revised Code.  If the             583          

undertaking DELINQUENT TAX CONTRACT is entered into after the      584          

certificate or the master list has been filed with the             587          

prosecuting attorney, the treasurer shall file the duplicate copy  588          

with the prosecuting attorney.  A duplicate copy of each such      589          

undertaking shall be mailed by first class mail to each            590          

certificate holder, as defined in section 5721.30 of the Revised                

Code, whose certificate parcel, as defined in section 5721.30 of   592          

the Revised Code, is the subject of the undertaking.               593          

      An undertaking A DELINQUENT TAX CONTRACT entered into under  595          

this division shall provide for the payment of delinquent AND      597          

UNPAID CURRENT taxes in installments over a period not to exceed   599          

five years beginning on the earliest date delinquent taxes that    600          

are the subject of the undertaking were included in a              601          

certification under section 5721.011 or under division (H)(2) of   602          

section 4503.06 of the Revised Code AFTER THE DATE OF THE FIRST    603          

PAYMENT MADE UNDER THE CONTRACT; however, a person entering into   604          

an undertaking A DELINQUENT TAX CONTRACT who owns and occupies     605          

residential real property may request, and the treasurer shall     606          

allow, an undertaking A DELINQUENT TAX CONTRACT providing for      607          

payment in installments over a period of no fewer than two years   608          

beginning on that date AFTER THE DATE OF THE FIRST PAYMENT MADE    609          

                                                          15     


                                                                 
UNDER THE CONTRACT.                                                610          

      For each undertaking DELINQUENT TAX CONTRACT, the county     612          

treasurer shall determine and shall specify in the undertaking     613          

DELINQUENT TAX CONTRACT the number of installments, the amount of  614          

each installment, and the schedule for payment of the              616          

installments.  Each installment payment shall be apportioned       617          

among the several funds for which taxes have been assessed and     618          

shall be applied to the items of taxes charged in the order in     619          

which they became due.                                             620          

      When an installment payment is not received by the           622          

treasurer when due UNDER A DELINQUENT TAX CONTRACT or any current  623          

taxes OR SPECIAL ASSESSMENTS charged against the property become   625          

delinquent UNPAID, the undertaking DELINQUENT TAX CONTRACT         626          

becomes void unless the treasurer permits a new undertaking        627          

DELINQUENT TAX CONTRACT to be entered into; if the treasurer does  630          

not permit a new undertaking DELINQUENT TAX CONTRACT to be         632          

entered into, the treasurer shall certify to the auditor that the  634          

undertaking DELINQUENT TAX CONTRACT has become void.  A new        636          

undertaking entered into under this paragraph shall provide for    638          

payment of the outstanding balance of delinquent taxes over a      639          

period that, when added to the periods of any previous             640          

undertakings that had elapsed prior to their becoming void, does   642          

not exceed ten years.                                                           

      Upon receipt of such a certification, the auditor shall      644          

destroy the duplicate copy of the undertaking VOIDED DELINQUENT    645          

TAX CONTRACT.  If such copy has been filed with the prosecuting    647          

attorney, the auditor immediately shall deliver the certification  648          

to the prosecuting attorney, who shall attach it to the            649          

appropriate certificate and the duplicate copy of the voided       650          

undertaking DELINQUENT TAX CONTRACT or strike through the          651          

asterisk entered in the margin of the master list next to the      652          

entry for the tract or lot that is the subject of the voided       653          

undertaking DELINQUENT TAX CONTRACT.  The prosecuting attorney     654          

then shall institute a proceeding to foreclose the lien of the     657          

                                                          16     


                                                                 
state in accordance with section 323.25 or 5721.18 of the Revised  658          

Code or, in the case of delinquent vacant land, shall institute a  659          

foreclosure proceeding in accordance with section 323.25 or        660          

5721.18 of the Revised Code, or a foreclosure and forfeiture       661          

proceeding in accordance with section 5721.14 of the Revised       662          

Code.                                                                           

      After a (B)  IF THERE IS AN OUTSTANDING tax certificate has  665          

been sold respecting a delinquent parcel under section 5721.32 or  666          

5721.33 of the Revised Code, a written undertaking DELINQUENT TAX  667          

CONTRACT may not be entered into under this section to pay the     669          

delinquent amounts.  To pay the delinquency REDEEM A TAX           670          

CERTIFICATE in installments, the owner or other person seeking to  671          

redeem the parcel TAX CERTIFICATE shall enter into a redemption    672          

payment plan under division (C) of section 5721.38 of the Revised  674          

Code.                                                                           

      (B)  Within ten days after the date prescribed by section    676          

323.12 or 323.17 or division (F)(1) of section 4503.06 of the      678          

Revised Code for payment of the first half installment of the      679          

current taxes, any person failing to pay the amount required by    680          

such date, with the consent of the treasurer, may enter into a     681          

written undertaking with the treasurer, in a form prescribed by    683          

the tax commissioner, to pay all current taxes pursuant to this    684          

division.  The agreement shall provide for the entire amount of    685          

such taxes to be paid in three or fewer installments before the    686          

date set by section 323.12 or 323.17 or division (F)(1) of         687          

section 4503.06 of the Revised Code for the payment of the second  688          

installment of such taxes.  Each payment made under this division  689          

shall be not less than one-third of the total amount of the        690          

current taxes, unless the collection of a particular tax has been  691          

legally enjoined, or unless at any scheduled payment date less     692          

than one-third of the total amount remains unpaid, in which case   693          

the total balance shall be paid.                                   694          

      If a payment is not received by the treasurer when due       696          

under the terms of an undertaking made under this division, the    698          

                                                          17     


                                                                 
treasurer may permit the taxpayer to make the payment at a later   699          

date, provided the payment is received before the date set by      700          

section 323.12 or 323.17 or division (F)(1) of section 4503.06 of  702          

the Revised Code for the payment of the second installment of      703          

current taxes.  If the total taxes arranged to be paid pursuant    704          

to such an undertaking are not received before such date, the      706          

undertaking shall become void and the treasurer shall proceed to   708          

collect all unpaid taxes then due by any other means provided by   709          

law.                                                                            

      (C)  A certificate holder, as defined in section 5721.30 of  711          

the Revised Code, may also pay all of any delinquent taxes,        713          

assessments, penalties, interest, and charges on the related       715          

certificate parcel, as defined in section 5721.30 of the Revised   716          

Code, the lien against which has not been transferred by the sale  717          

of a tax certificate, as defined in section 5721.30 of the         718          

Revised Code, and the amount of the payment shall constitute a     720          

separate lien against the certificate parcel that shall be         721          

evidenced by the issuance by the treasurer to the certificate      722          

holder of an additional tax certificate with respect to the                     

delinquent taxes, assessments, penalties, interest, and fees so    723          

paid on the related certificate parcel.  The amount of the         725          

payment as set forth in the tax certificate shall earn interest    726          

at the rate of eighteen per cent per year.  If there are multiple  727          

certificate holders with respect to a certificate parcel, the      728          

certificate holder of the most recently issued tax certificate                  

has the first right to pay any current delinquent taxes, which     729          

right shall be exercised, if at all, within one hundred eighty     730          

days after such taxes become delinquent.                           732          

      Sec. 323.49.  (A)  In addition to all other means provided   741          

by law for collecting taxes and assessments charged upon real      742          

estate specifically as such and penalties and interest charged on  743          

any tax list and duplicate or delinquent land list in any county   744          

against any entry of real estate, the county treasurer at any      745          

time after any installment of such taxes and assessments has been  746          

                                                          18     


                                                                 
delinquent for more than six months and remains due and unpaid     747          

shall apply by petition to the court of common pleas to be         748          

appointed receiver ex officio of the rents, issues, and income of  749          

the real property against which such taxes and assessments are     750          

charged, for the purpose of satisfying out of such rents, issues,  751          

and income the taxes and assessments upon such real property,      752          

together with the penalties, interest, and costs charged or        753          

thereafter becoming chargeable on any tax list and duplicate, or   754          

otherwise collectible in respect thereof, and such costs and       755          

expenses of the receivership as are allowed by the court.          756          

      (B)  If the proper parties are before the court, it shall    758          

be sufficient for the treasurer to allege in such petition the     759          

description of such real property that appears on the tax list     760          

and duplicate, that the money appearing to be due and unpaid by    761          

the tax list and duplicate or by the delinquent land list has      762          

been due and unpaid for more than six months, and that he THE      763          

TREASURER believes that collection thereof can be made by          765          

applying the rents, issues, and income of such real property       766          

thereto, without setting forth in the petition any other or        767          

special matter relating thereto.  The prayer of the petition       768          

shall be that the court make an order that the rents, issues, and  769          

income of such real property be applied to the payment of the      770          

amount set forth in the petition, and if a penalty is otherwise    771          

chargeable by law on all or any part of such amount, to the        772          

payment of such penalty to the date of final entry in such         773          

action, and that the plaintiff be appointed receiver ex officio    774          

of such rents, issues, and income for that purpose.                775          

      (C)  In such proceedings the treasurer may join in one       777          

action any number of lots or lands, but the decree and any orders  778          

shall be rendered separately, and any proceedings may be severed   779          

in the decision of the court for the purpose of trial or appeal,   780          

where an appeal is allowed, and the court shall make such order    781          

for payment of costs as it deems equitable.                        782          

      (D)  The tax duplicate or the delinquent land tax            784          

                                                          19     


                                                                 
certificate or master list of delinquent tracts filed by the       785          

auditor with the prosecuting attorney shall be prima-facie         786          

evidence on the trial of such action of the amount and validity    787          

of the taxes, assessments, and charges appearing due and unpaid    788          

thereon and of the nonpayment thereof.  The petition of the        789          

treasurer shall be verified and shall be prima-facie evidence of   790          

all other facts therein stated.                                    791          

      (E)  This section does not apply to any of the following:    793          

      (1)  Real property entirely used and occupied in good faith  795          

by the owner thereof as a private residence;                       796          

      (2)  The collection of delinquent taxes and assessments      798          

charged against real property, the payment of which is subject to  799          

an undertaking A DELINQUENT TAX CONTRACT entered into pursuant to  801          

section 323.31 of the Revised Code, so long as the undertaking     803          

DELINQUENT TAX CONTRACT remains in effect;                         804          

      (3)  The collection of delinquent taxes charged against      806          

real property that is the subject of an application for exemption  807          

from taxation pursuant to section 5715.27 of the Revised Code.     808          

      Sec. 5709.631.  Each agreement entered into under sections   817          

5709.62, 5709.63, and 5709.632 of the Revised Code on or after     818          

April 1, 1994, shall be in writing and shall include all of the    819          

information and statements prescribed by this section.             820          

Agreements may include terms not prescribed by this section, but   821          

such terms shall in no way derogate from the information and       822          

statements prescribed by this section.                             823          

      (A)  Each agreement shall include the following              825          

information:                                                       826          

      (1)  The names of all parties to the agreement;              828          

      (2)  A description of the investments to be made by the      830          

applicant enterprise or by another party at the facility whether   831          

or not the investments are exempted from taxation, including       832          

existing or new building size and cost thereof; the value of       833          

machinery, equipment, furniture, and fixtures, including an        834          

itemization of the value of machinery, equipment, furniture, and   835          

                                                          20     


                                                                 
fixtures used at another location in this state prior to the       836          

agreement and relocated or to be relocated from that location to   837          

the facility and the value of machinery, equipment, furniture,     838          

and fixtures at the facility prior to the execution of the         839          

agreement that will not be exempted from taxation; the value of    840          

inventory at the facility, including an itemization of the value   841          

of inventory held at another location in this state prior to the   842          

agreement and relocated or to be relocated from that location to   843          

the facility, and the value of inventory held at the facility      844          

prior to the execution of the agreement that will not be exempted  845          

from taxation;                                                     846          

      (3)  The scheduled starting and completion dates of          848          

investments made in building, machinery, equipment, furniture,     849          

fixtures, and inventory;                                           850          

      (4)  Estimates of the number of employee positions to be     852          

created each year of the agreement and of the number of employee   853          

positions retained by the applicant enterprise due to the          854          

project, itemized as to the number of full-time, part-time,        855          

permanent, and temporary positions;                                856          

      (5)  Estimates of the dollar amount of payroll attributable  858          

to the positions set forth in division (A)(4) of this section,     859          

similarly itemized;                                                860          

      (6)  The number of employee positions, if any, at the        862          

project site and at any other location in the state at the time    863          

the agreement is executed, itemized as to the number of            864          

full-time, part-time, permanent, and temporary positions.          865          

      (B)  Each agreement shall set forth the following            867          

information and incorporate the following statements:              868          

      (1)  A description of real property to be exempted from      870          

taxation under the agreement, the percentage of the assessed       871          

valuation of the real property exempted from taxation, and the     872          

period for which the exemption is granted, accompanied by the      873          

statement:  "The exemption commences the first year for which the  874          

real property would first be taxable were that property not        875          

                                                          21     


                                                                 
exempted from taxation.  No exemption shall commence after         876          

.......... (insert date) nor extend beyond .......... (insert      877          

date)."  The tax commissioner shall adopt rules prescribing the    878          

form the description of such property shall assume to ensure that  880          

the property to be exempted from taxation under the agreement is   881          

distinguishable from property that is not to be exempted under     882          

that agreement.                                                                 

      (2)  A description of tangible personal property to be       884          

exempted from taxation under the agreement, the percentage of the  885          

assessed value of the tangible personal property exempted from     886          

taxation, and the period for which the exemption is granted,       887          

accompanied by the statement:  "The exemption commences the first  888          

year for which the tangible personal property would first be       889          

taxable were that property not exempted from taxation.  No         890          

exemption shall commence after .......... (insert date) nor        891          

extend beyond .......... (insert date)."  The tax commissioner     892          

shall adopt rules prescribing the form the description of such     893          

property shall assume to ensure that the property to be exempted   895          

from taxation under the agreement is distinguishable from          896          

property that is not to be exempted under that agreement.                       

      (3)  ".......... (insert name of enterprise) shall pay such  898          

real and tangible personal property taxes as are not exempted      899          

under this agreement and are charged against such property and     900          

shall file all tax reports and returns as required by law.  If     901          

.......... (insert name of enterprise) fails to pay such taxes or  902          

file such returns and reports, all incentives granted under this   903          

agreement are rescinded beginning with the year for which such     904          

taxes are charged or such reports or returns are required to be    905          

filed and thereafter."                                             906          

      (4)  ".......... (insert name of enterprise) hereby          908          

certifies that at the time this agreement is executed, ..........  909          

(insert name of enterprise) does not owe any delinquent real or    910          

tangible personal property taxes to any taxing authority of the    911          

State of Ohio, and does not owe delinquent taxes for which         912          

                                                          22     


                                                                 
.......... (insert name of enterprise) is liable under Chapter     913          

5727., 5733., 5735., 5739., 5741., 5743., 5747., or 5753. of the   914          

Revised Code, or, if such delinquent taxes are owed, ..........    915          

(insert name of enterprise) currently is paying the delinquent     916          

taxes pursuant to an undertaking A DELINQUENT TAX CONTRACT         917          

enforceable by the State of Ohio or an agent or instrumentality    919          

thereof, has filed a petition in bankruptcy under 11 U.S.C.A.      920          

101, et seq., or such a petition has been filed against            921          

.......... (insert name of enterprise).  For the purposes of the   922          

certification, delinquent taxes are taxes that remain unpaid on    923          

the latest day prescribed for payment without penalty under the    924          

chapter of the Revised Code governing payment of those taxes."     925          

      (5)  ".......... (insert name of municipal corporation or    927          

county) shall perform such acts as are reasonably necessary or     928          

appropriate to effect, claim, reserve, and maintain exemptions     929          

from taxation granted under this agreement including, without      930          

limitation, joining in the execution of all documentation and      931          

providing any necessary certificates required in connection with   932          

such exemptions."                                                  933          

      (6)  "If for any reason the enterprise zone designation      935          

expires, the Director of the Ohio Department of Development        936          

revokes certification of the zone, or .......... (insert name of   937          

municipal corporation or county) revokes the designation of the    938          

zone, entitlements granted under this agreement shall continue     939          

for the number of years specified under this agreement, unless     940          

.......... (insert name of enterprise) materially fails to         941          

fulfill its obligations under this agreement and ..........        942          

(insert name of municipal corporation or county) terminates or     943          

modifies the exemptions from taxation granted under this           944          

agreement."                                                        945          

      (7)  "If .......... (insert name of enterprise) materially   947          

fails to fulfill its obligations under this agreement, or if       948          

.......... (insert name of municipal corporation or county)        949          

determines that the certification as to delinquent taxes required  950          

                                                          23     


                                                                 
by this agreement is fraudulent, .......... (insert name of        951          

municipal corporation or county) may terminate or modify the       952          

exemptions from taxation granted under this agreement."            953          

      (8)  ".......... (insert name of enterprise) shall provide   955          

to the proper tax incentive review council any information         956          

reasonably required by the council to evaluate the enterprise's    957          

compliance with the agreement, including returns or annual         958          

reports filed pursuant to section 5711.02 or 5727.08 of the Ohio   960          

Revised Code if requested by the council."                         962          

      (9)  ".......... (insert name of enterprise) and ..........  964          

(insert name of municipal corporation or county) acknowledge that  965          

this agreement must be approved by formal action of the            966          

legislative authority of .......... (insert name of municipal      967          

corporation or county) as a condition for the agreement to take    968          

effect.  This agreement takes effect upon such approval."          969          

      (10)  "This agreement is not transferable or assignable      971          

without the express, written approval of .......... (insert name   972          

of municipal corporation or county)."                              973          

      (11)  "Exemptions from taxation granted under this           975          

agreement shall be revoked if it is determined that                976          

............... (insert name of enterprise), any successor         977          

enterprise, or any related member (as those terms are defined in   978          

section 5709.61 of the Ohio Revised Code) has violated the         979          

prohibition against entering into this agreement under division    980          

(E) of section 3735.671 or section 5709.62, 5709.63, or 5709.632   981          

of the Ohio Revised Code prior to the time prescribed by that      982          

division or either of those sections."                             983          

      The statement described in division (B)(7) of this section   985          

may include the following statement, appended at the end of the    986          

statement:  "and may require the repayment of the amount of taxes  987          

that would have been payable had the property not been exempted    988          

from taxation under this agreement."                               989          

      (C)  If the director of development had to issue a waiver    991          

under section 5709.633 of the Revised Code as a condition for the  992          

                                                          24     


                                                                 
agreement to be executed, the agreement shall include the          993          

following statement:                                               994          

      "Continuation of this agreement is subject to the validity   996          

of the circumstance upon which .......... (insert name of          997          

enterprise) applied for, and the Director of the Ohio Department   998          

of Development issued, the waiver pursuant to section 5709.633 of  999          

the Ohio Revised Code.  If, after formal approval of this          1,000        

agreement by .......... (insert name of municipal corporation or   1,001        

county), the Director or ............. (insert name of municipal   1,002        

corporation or county) discovers that such a circumstance did not  1,003        

exist, ........... (insert name of enterprise) shall be deemed to  1,004        

have materially failed to comply with this agreement."             1,005        

      If the director issued a waiver on the basis of the          1,007        

circumstance described in division (B)(3) of section 5709.633 of   1,008        

the Ohio Revised Code, the conditions enumerated in divisions      1,009        

(B)(3)(a)(i) and (ii) or divisions (B)(3)(b)(i) and (ii) of that   1,010        

section shall be incorporated in the information described in      1,011        

divisions (A)(2), (3), and (4) of this section.                    1,012        

      Sec. 5713.08.  (A)  The county auditor shall make a list of  1,021        

all real and personal property in his THE AUDITOR'S county,        1,022        

including money, credits, and investments in bonds, stocks, or     1,024        

otherwise, which is exempted from taxation.  Such list shall show  1,025        

the name of the owner, the value of the property exempted, and a   1,026        

statement in brief form of the ground on which such exemption has  1,027        

been granted.  It shall be corrected annually by adding thereto    1,028        

the items of property which have been exempted during the year,    1,029        

and by striking therefrom the items which in the opinion of the    1,030        

auditor have lost their right of exemption and which have been     1,031        

reentered on the taxable list.  No additions shall be made to      1,032        

such exempt lists and no additional items of property shall be     1,033        

exempted from taxation without the consent of the tax              1,034        

commissioner as is provided for in section 5715.27 of the Revised  1,035        

Code, but when any personal property or endowment fund of an       1,036        

institution has once been held by the commissioner to be properly  1,037        

                                                          25     


                                                                 
exempt from taxation, it is not necessary to obtain the            1,038        

commissioner's consent to the exemption of additional property or  1,039        

investments of the same kind belonging to the same institution,    1,040        

but such property shall appear on the abstract filed annually      1,041        

with the commissioner.  The commissioner may revise at any time    1,042        

the list in every county so that no property is improperly or      1,043        

illegally exempted from taxation.  The auditor shall follow the    1,044        

orders of the commissioner given under this section.  An abstract  1,045        

of such list shall be filed annually with the commissioner, on a   1,046        

form approved by him THE COMMISSIONER, and a copy thereof shall    1,047        

be kept on file in the office of each auditor for public           1,049        

inspection.                                                                     

      The commissioner shall not consider an application for       1,051        

exemption of property unless the application has attached thereto  1,052        

a certificate executed by the county treasurer certifying either   1,053        

ONE of the following:                                              1,055        

      (1)  That all taxes, assessments, interest, and penalties    1,057        

levied and assessed against the property sought to be exempted     1,058        

have been paid in full to the date upon which the application for  1,059        

exemption is filed, except for such taxes, interest, and           1,060        

penalties that may be remitted under division (B) of this section  1,062        

OR PURSUANT TO SECTION 5713.083 OF THE REVISED CODE; or                         

      (2)  That the applicant has entered into a valid             1,064        

undertaking DELINQUENT TAX CONTRACT with the county treasurer      1,065        

pursuant to division (A) of section 323.31 of the Revised Code to  1,067        

pay all of the delinquent taxes, assessments, interest, and        1,068        

penalties charged against the property, except for such taxes,     1,069        

interest, and penalties that may be remitted under division (B)    1,070        

of this section.  If the auditor receives notice under section     1,071        

323.31 of the Revised Code that such a written undertaking         1,072        

DELINQUENT TAX CONTRACT has become void, he THE AUDITOR shall      1,074        

strike such property from the list of exempted property and        1,076        

reenter such property on the taxable list.  If property is         1,077        

removed from the exempt list because a written undertaking         1,078        

                                                          26     


                                                                 
DELINQUENT TAX CONTRACT has become void, current taxes shall       1,081        

first be extended against that property on the general tax list    1,082        

and duplicate of real and public utility property for the tax      1,083        

year in which the auditor receives the notice required by          1,084        

division (A) of section 323.31 of the Revised Code that the        1,085        

undertaking DELINQUENT TAX CONTRACT has become void or, if that    1,087        

notice is not timely made, for the tax year in which falls the     1,088        

latest date by which the treasurer is required by such section to  1,089        

give such notice.  A county auditor shall not remove from any tax  1,090        

list and duplicate the amount of any unpaid delinquent taxes,      1,091        

assessments, interest, or penalties owed on property that is       1,092        

placed on the exempt list pursuant to this division.               1,093        

      (3)  THAT A TAX CERTIFICATE HAS BEEN ISSUED UNDER SECTION    1,095        

5721.32 OR 5721.33 OF THE REVISED CODE WITH RESPECT TO THE         1,096        

PROPERTY THAT IS THE SUBJECT OF THE APPLICATION, AND THE TAX       1,097        

CERTIFICATE IS OUTSTANDING.                                        1,098        

      (B)  Any taxes, interest, and penalties which have become a  1,100        

lien after the property was first used for the exempt purpose,     1,101        

but in no case prior to the date of acquisition of the title to    1,102        

the property by the applicant, may be remitted by the              1,103        

commissioner, except as is provided in section 5713.081 OR         1,104        

5713.083 of the Revised Code.                                      1,106        

      (C)  Real property acquired by the state in fee simple is    1,108        

exempt from taxation from the date of acquisition of title or      1,109        

date of possession, whichever is the earlier date, provided that   1,110        

all taxes, interest, and penalties as provided in the              1,111        

apportionment provisions of section 319.20 of the Revised Code     1,112        

have been paid to the date of acquisition of title or date of      1,113        

possession by the state, whichever is earlier.  The proportionate  1,114        

amount of taxes that are a lien but not yet determined, assessed,  1,115        

and levied for the year in which the property is acquired, shall   1,116        

be remitted by the county auditor for the balance of the year      1,117        

from date of acquisition of title or date of possession,           1,118        

whichever is earlier.  This section shall not be construed to      1,119        

                                                          27     


                                                                 
authorize the exemption of such property from taxation or the      1,120        

remission of taxes, interest, and penalties thereon until all      1,121        

private use has terminated.                                        1,122        

      Sec. 5713.083.  (A)  AS USED IN THIS SECTION:                1,124        

      (1)  "QUALIFIED NONPROFIT HOUSING CORPORATION" MEANS A       1,126        

NONPROFIT CORPORATION ORGANIZED AND OPERATED EXCLUSIVELY FOR       1,127        

CHARITABLE PURPOSES AS DESCRIBED IN SECTION 501(c)(3) OF THE       1,128        

INTERNAL REVENUE CODE AND EXEMPTED FROM FEDERAL INCOME TAXATION    1,130        

UNDER SECTION 501(a) OF THE INTERNAL REVENUE CODE, AND THE         1,132        

OPERATIONS OF WHICH INCLUDE CONSTRUCTING, REHABILITATING, OR       1,133        

RECONSTRUCTING REAL PROPERTY FOR RESIDENTIAL USE.                  1,134        

      (2)  "TAXING AUTHORITY" AND "TAXING DISTRICT" HAVE THE SAME  1,136        

MEANINGS AS IN SECTION 5705.01 OF THE REVISED CODE.                1,137        

      (B)  THE TAXING AUTHORITY OF A TAXING DISTRICT MAY ENTER     1,139        

INTO A WRITTEN AGREEMENT WITH A QUALIFIED NONPROFIT HOUSING        1,140        

CORPORATION PROVIDING FOR BOTH OF THE FOLLOWING:                   1,141        

      (1)  THE REMISSION, UPON THE ACQUISITION OF TITLE TO A       1,143        

PARCEL BY THE CORPORATION, OF ALL OR A PORTION OF ANY UNPAID       1,144        

TAXES, INTEREST, OR PENALTIES CHARGED AGAINST THE PARCEL BY THE    1,145        

TAXING DISTRICT THAT BECAME A LIEN PRIOR TO THE CORPORATION'S      1,146        

ACQUISITION OF TITLE;                                                           

      (2)  REHABILITATION, RECONSTRUCTION, OR CONSTRUCTION OF      1,148        

IMPROVEMENTS ON THE PARCEL TO RENDER THEM FIT FOR USE AS           1,149        

DWELLINGS.                                                         1,150        

      THE AGREEMENT SHALL IDENTIFY THE PARCEL AND SHALL INDICATE   1,152        

THE AMOUNT OF UNPAID TAXES, INTEREST, AND PENALTIES TO BE          1,153        

REMITTED AND SHALL SPECIFY THE TERMS GOVERNING THE                 1,154        

REHABILITATION, RECONSTRUCTION, OR CONSTRUCTION OF IMPROVEMENTS    1,155        

TO BE PERFORMED UNDER THE AGREEMENT, WHICH SHALL BE IN THE SOLE    1,156        

DISCRETION OF THE TAXING AUTHORITY AND THE QUALIFIED NONPROFIT     1,157        

HOUSING CORPORATION.  UPON ENTERING INTO SUCH AN AGREEMENT, THE    1,158        

TAXING AUTHORITY SHALL CERTIFY A COPY OF THE AGREEMENT TO THE      1,159        

COUNTY AUDITOR, WHO SHALL VERIFY THAT THE AMOUNT TO BE REMITTED    1,160        

UNDER THE AGREEMENT DOES NOT EXCEED THE AMOUNT OF UNPAID TAXES,    1,161        

                                                          28     


                                                                 
INTEREST, AND PENALTIES CHARGED AGAINST THE PARCEL BY THE TAXING   1,162        

DISTRICT.  IF THE COUNTY AUDITOR FINDS THAT THE COPY OF THE        1,163        

AGREEMENT SO CERTIFIED DOES NOT CONTAIN ENOUGH INFORMATION FOR     1,164        

THE COUNTY AUDITOR TO DISCERN THE IDENTITY OF THE PARCEL,          1,165        

CONTAINS ERRONEOUS INFORMATION REGARDING THE AMOUNT OF UNPAID      1,166        

TAXES, INTEREST, OR PENALTIES CHARGED AGAINST THE PARCEL BY THE    1,167        

TAXING DISTRICT, OR OTHERWISE DOES NOT COMPLY WITH THIS SECTION,   1,168        

THE COUNTY AUDITOR SHALL RETURN THE COPY OF THE AGREEMENT TO THE   1,169        

TAXING DISTRICT ALONG WITH AN INDICATION OF ANY CORRECTIONS                     

NECESSARY FOR THE AGREEMENT TO COMPLY WITH THIS SECTION.  UPON     1,170        

MAKING ANY SUCH CORRECTIONS TO THE AGREEMENT, THE TAXING           1,171        

AUTHORITY OF THE TAXING DISTRICT MAY RECERTIFY A COPY OF THE       1,172        

AGREEMENT TO THE COUNTY AUDITOR.  IF NO CORRECTIONS ARE REQUIRED,  1,173        

OR IF THE NECESSARY CORRECTIONS HAVE BEEN MADE TO AN AGREEMENT     1,174        

AND A COPY HAS BEEN RECERTIFIED TO THE COUNTY AUDITOR, THE COUNTY  1,175        

AUDITOR SHALL TRANSMIT THE COPY OF THE AGREEMENT TO THE TAX        1,176        

COMMISSIONER.  UPON RECEIVING THE COPY OF THE AGREEMENT FROM THE   1,177        

COUNTY AUDITOR, THE TAX COMMISSIONER SHALL REMIT THE UNPAID        1,178        

TAXES, INTEREST, AND PENALTIES REMISSIBLE UNDER THE AGREEMENT.     1,179        

      AN AGREEMENT ENTERED INTO UNDER THIS SECTION IS ENFORCEABLE  1,181        

AS ANY OTHER CONTRACT OR AS PROVIDED IN THE AGREEMENT.             1,182        

      Sec. 5713.20.  If the county auditor discovers that any      1,191        

building, structure, or tract of land or any lot or part of        1,192        

either, has been omitted from the list of real property, he THE    1,193        

AUDITOR shall add it to the list, with the name of the owner, and  1,195        

ascertain the taxable value thereof and place it opposite such     1,196        

property.  The county auditor shall compute the sum of the simple  1,197        

taxes for the preceding years in which such property was omitted   1,198        

from the list of real property, not exceeding five years, unless   1,199        

in the meantime the property has changed ownership, in which case  1,200        

only the taxes chargeable since the last change of ownership       1,201        

shall be computed.  No penalty or interest shall be added to the   1,202        

amount of taxes so computed.                                       1,203        

      The county auditor shall order the county treasurer to       1,205        

                                                          29     


                                                                 
correct the duplicate of real property accordingly, and shall      1,206        

certify to the county treasurer the sum of taxes determined by     1,207        

the county auditor under this section to be due on the omitted     1,208        

property.  The county treasurer thereupon shall notify the owner   1,209        

by certified mail, return receipt requested, of the sum of taxes   1,210        

due, and inform the owner that he THE OWNER may enter into a       1,211        

written undertaking DELINQUENT TAX CONTRACT with the county        1,213        

treasurer to pay the taxes in installments, or that the owner, if  1,215        

he THE OWNER desires, may pay the amount of such taxes into the    1,217        

county treasury.                                                                

      A written undertaking DELINQUENT TAX CONTRACT entered into   1,219        

under this section for the payment of taxes in installments shall  1,221        

require that the installments be payable at the times and in the   1,222        

amounts specified by the county treasurer in the undertaking       1,223        

CONTRACT.  The owner may request, and the treasurer shall allow,   1,225        

an undertaking A DELINQUENT TAX CONTRACT providing for payment in  1,226        

installments over no fewer than two years; however, the treasurer  1,227        

shall not permit an undertaking A CONTRACT to provide for payment  1,228        

in installments over more than five years.  Each installment       1,231        

payment shall be apportioned among the several funds for which     1,232        

the taxes on the omitted property would have been assessed had     1,233        

the property not been omitted, and shall be applied to the items   1,234        

of taxes charged in the order in which they became due.  If an     1,235        

installment payment is not received by the county treasurer when   1,236        

due, OR ANY PAYMENT OF CURRENT TAXES IS NOT MADE WHEN DUE the      1,237        

undertaking CONTRACT becomes void, and the county treasurer shall  1,238        

order payment of the entire outstanding balance of taxes           1,239        

determined to be due under this section in one lump-sum payment.   1,240        

      Sec. 5715.27.  (A)  The owner of any property may file an    1,249        

application with the tax commissioner, on forms prescribed by the  1,250        

commissioner, requesting that such property be exempted from       1,251        

taxation and that unpaid taxes and penalties be remitted as        1,252        

provided in division (B) of section 5713.08 of the Revised Code.   1,253        

      (B)  The board of education of any school district may       1,255        

                                                          30     


                                                                 
request the tax commissioner to provide it with notification of    1,256        

applications for exemption from taxation for property located      1,257        

within that district.  If so requested, the commissioner shall     1,258        

send to the board for the quarters ending on the last day of       1,259        

March, June, September, and December of each year, reports that    1,260        

contain sufficient information to enable the board to identify     1,261        

each property that is the subject of an exemption application,     1,262        

including, but not limited to, the name of the property owner or   1,263        

applicant, the address of the property, and the auditor's parcel   1,264        

number.  The commissioner shall mail the reports on or about the   1,265        

fifteenth day of the month following the end of the quarter.       1,266        

      (C)  A board of education that has requested notification    1,268        

under division (B) of this section may, with respect to any        1,269        

application for exemption of property located in the district and  1,270        

included in the commissioner's most recent report provided under   1,271        

that division, file a statement with the commissioner and with     1,272        

the applicant indicating its intent to submit evidence and         1,273        

participate in any hearing on the application.  The statements     1,274        

shall be filed prior to the first day of the third month           1,275        

following the end of the quarter in which that application was     1,276        

docketed by the commissioner.  A statement filed in compliance     1,277        

with this division entitles the district to submit evidence and    1,278        

to participate in any hearing on the property and makes the        1,279        

district a party for purposes of sections 5717.02 to 5717.04 of    1,280        

the Revised Code in any appeal of the commissioner's decision to   1,281        

the board of tax appeals.                                          1,282        

      (D)  The commissioner shall not hold a hearing on or grant   1,284        

or deny an application for exemption of property in a school       1,285        

district whose board of education has requested notification       1,286        

under division (B) of this section until the end of the period     1,287        

within which the board may submit a statement with respect to      1,288        

that application under division (C) of this section.  The          1,289        

commissioner may act upon an application at any time prior to      1,290        

that date upon receipt of a written waiver from each such board    1,291        

                                                          31     


                                                                 
of education, or, in the case of exemptions authorized by section  1,292        

725.02, 1728.10, 3735.67, 5709.41, 5709.62, or 5709.63 of the      1,293        

Revised Code, upon the request of the property owner.  Failure of  1,294        

a board of education to receive the report required in division    1,295        

(B) of this section shall not void an action of the commissioner   1,296        

with respect to any application.  The commissioner may extend the  1,297        

time for filing a statement under division (C) of this section.    1,298        

      (E)  A complaint may also be filed with the commissioner by  1,300        

any person, board, or officer authorized by section 5715.19 of     1,301        

the Revised Code to file complaints with the county board of       1,302        

revision against the continued exemption of any property.          1,303        

      (F)  An application for exemption and a complaint against    1,305        

exemption shall be filed prior to the thirty-first day of          1,306        

December of the tax year for which exemption is requested or for   1,307        

which the liability of any property to taxation in that year is    1,308        

requested.  The commissioner shall consider such application or    1,309        

complaint in accordance with procedures established by him THE     1,310        

COMMISSIONER, determine whether the property is subject to         1,311        

taxation or exempt therefrom, and certify his THE COMMISSIONER'S   1,312        

findings to the auditor, who shall correct the tax list and        1,313        

duplicate accordingly.  IF A TAX CERTIFICATE HAS BEEN SOLD UNDER   1,314        

SECTION 5721.32 OR 5721.33 OF THE REVISED CODE WITH RESPECT TO     1,315        

PROPERTY FOR WHICH AN EXEMPTION HAS BEEN REQUESTED, THE TAX        1,316        

COMMISSIONER SHALL ALSO CERTIFY THE FINDINGS TO THE COUNTY         1,317        

TREASURER OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED.                       

      (G)  Applications and complaints, and documents of any kind  1,319        

related to applications and complaints, filed with the tax         1,320        

commissioner under this section, are public records within the     1,321        

meaning of section 149.43 of the Revised Code.                     1,322        

      (G)(H)  If the commissioner determines that the use of       1,324        

property or other facts relevant to the taxability of property     1,325        

that is the subject of an application for exemption or a           1,326        

complaint under this section has changed while the application or  1,327        

complaint was pending, the commissioner may make the               1,328        

                                                          32     


                                                                 
determination under division (F) of this section separately for    1,329        

each tax year beginning with the year in which the application or  1,330        

complaint was filed or the year for which remission of unpaid      1,331        

taxes under division (B) of section 5713.08 of the Revised Code    1,332        

was requested, and including each subsequent tax year during       1,333        

which the application or complaint is pending before the           1,334        

commissioner.                                                      1,335        

      Sec. 5719.03.  (A)  The county auditor shall preserve all    1,344        

receipts showing the advance payment of taxes.  At the time of     1,345        

making up the general personal and the classified tax list and     1,346        

duplicate, the auditor shall enter thereon opposite the name of    1,348        

each person charged with taxes the amount of the advance payment                

made, as a credit against the amount of taxes charged thereon      1,349        

against such person.                                               1,350        

      (B)  Each person charged with taxes on a general personal    1,352        

property or a classified property tax duplicate shall pay the      1,353        

full amount of such taxes, less the amount of advance payment      1,354        

credited on the duplicate, on or before the twentieth day of       1,355        

September, or a day as extended pursuant to section 5719.031 of    1,356        

the Revised Code.                                                  1,357        

      (C)  A tax is paid on or before the dates set forth in this  1,359        

section if the tax payment is received by the county treasurer on  1,360        

or before the last day for payment of such tax, or is received     1,361        

after such date in an envelope that was postmarked by the United   1,362        

States postal service on or before the last day for payment of     1,364        

such tax.  In the event there is more than one date of postmark    1,365        

on the envelope, the earliest date imprinted by the United States  1,367        

postal service shall be the date of payment.  A private meter      1,368        

postmark on an envelope is not a valid postmark for purposes of    1,369        

establishing the date of payment of such tax.                                   

      (D)  When an installment of taxes is not paid within the     1,371        

time prescribed by this section, or within the time so prescribed  1,372        

as extended pursuant to section 5719.031 of the Revised Code, a    1,373        

penalty of ten per cent of the amount due and unpaid shall accrue  1,374        

                                                          33     


                                                                 
when the county treasurer closes the treasurer's office for        1,375        

business on the last day so prescribed, but if the taxes are paid  1,377        

within ten days subsequent to the last day prescribed, the         1,378        

treasurer shall waive the collection of, and the auditor shall     1,379        

remit one-half of, the penalty.  The treasurer shall not           1,380        

thereafter accept less than the full amount of taxes and penalty,  1,381        

except as provided in division (E) of this section or section      1,382        

5719.05, 5711.32, or 5711.33 of the Revised Code.                  1,383        

      (E)  Any partial payment of taxes tendered to a A county     1,385        

treasurer may be accepted if the treasurer determines that the     1,386        

amount tendered was intended by the taxpayer to be equal to the    1,387        

amount due but is more or less than such amount as a result of     1,388        

what appears to the treasurer to be an obvious taxpayer error.     1,389        

The treasurer may accept a partial payment in which the only       1,391        

unpaid amount is the amount of a penalty for late payment          1,392        

provided the taxpayer files with the payment a copy of the         1,393        

taxpayer's application to the auditor for a remission of the       1,394        

penalty or the payment is received within ten days of the last     1,395        

date the taxes could have been paid without penalty PAYMENTS OF    1,396        

TAXES.  Any overpayment shall be refunded by the treasurer in the  1,398        

manner most convenient to the treasurer.  When the amount          1,399        

tendered and accepted is less than the amount due, the unpaid      1,400        

balance shall be treated as other unpaid taxes and, except when    1,401        

the unpaid amount is the penalty, the treasurer shall notify the   1,402        

taxpayer of such deficiency.                                                    

      IF THE TAXPAYER FILES WITH THE PAYMENT OF TAXES A COPY OF    1,404        

AN APPLICATION TO THE COUNTY AUDITOR FOR REMISSION OF PENALTY, OR  1,405        

THE PAYMENT IS RECEIVED WITHIN TEN DAYS AFTER THE LAST DAY THE     1,406        

TAXES MAY BE PAID WITHOUT PENALTY, THE COUNTY TREASURER SHALL      1,407        

ACCEPT A PARTIAL PAYMENT IN WHICH THE ONLY UNPAID AMOUNT IS THE    1,408        

PENALTY FOR LATE PAYMENT.                                          1,409        

      Sec. 5719.04.  (A)  Immediately after each settlement        1,418        

required by division (D) of section 321.24 of the Revised Code     1,419        

the county auditor shall make a tax list and duplicates thereof    1,420        

                                                          34     


                                                                 
of all general personal and classified property taxes remaining    1,421        

unpaid, as shown by the county treasurer's books and the list of   1,422        

taxes returned as delinquent by him THE TREASURER to the auditor   1,423        

at such settlement.  The county auditor shall also include in      1,425        

such list all taxes assessed by the tax commissioner pursuant to   1,426        

law which were not charged upon the tax lists and duplicates on    1,427        

which such settlements were made nor previously charged upon a     1,428        

delinquent tax list and duplicates pursuant to this section, but   1,429        

he THE AUDITOR shall not include taxes specifically excepted from  1,431        

collection pursuant to section 5711.32 of the Revised Code.  Such  1,432        

tax list and duplicates shall contain the name of the person       1,433        

charged and the amount of such taxes, and the penalty, due and     1,434        

unpaid, and shall set forth separately the amount charged or       1,435        

chargeable on the general and on the classified list and           1,436        

duplicate.  The auditor shall deliver one such duplicate to the    1,437        

treasurer on the first day of December, annually.  Upon receipt    1,438        

of the duplicate the treasurer may prepare and mail tax bills to   1,439        

all persons charged with such delinquent taxes.  Each bill shall   1,440        

include a notice that the interest charge prescribed by section    1,441        

5719.041 of the Revised Code has begun to accrue.                  1,442        

      The auditor shall cause a copy of the delinquent personal    1,444        

and classified property tax list and duplicate provided for in     1,445        

this division to be published twice within sixty days after        1,446        

delivery of such duplicate to the treasurer in a newspaper         1,447        

published in the English language in the county and of general     1,448        

circulation therein; provided that before such publication the     1,449        

auditor shall cause a display notice of the forthcoming            1,450        

publication of such delinquent personal and classified property    1,451        

tax list to be inserted once a week for two consecutive weeks in   1,452        

a newspaper published in the English language in the county and    1,453        

of general circulation therein.  Copy for such display notice      1,454        

shall be furnished by the auditor to the newspaper selected to     1,455        

publish such delinquent tax lists simultaneously with the          1,456        

delivery of the duplicate to the treasurer.  If there is only one  1,457        

                                                          35     


                                                                 
newspaper published in the county, such display notice and         1,458        

delinquent personal and classified property tax lists shall be     1,459        

published in it.  Publication of the delinquent lists may be made  1,460        

by a newspaper in installments, provided that complete             1,461        

publication thereof is made twice during said sixty-day period.    1,462        

      The office of the county treasurer shall be kept open to     1,464        

receive the payment of delinquent general and classified property  1,465        

taxes from the day of delivery of the duplicate thereof until the  1,466        

final publication of the delinquent tax list.  The name of any     1,467        

taxpayer who prior to forty-eight hours SEVEN DAYS before either   1,468        

the first or second publication of said list pays such taxes in    1,470        

full or enters into an undertaking A DELINQUENT TAX CONTRACT to    1,471        

pay such taxes in installments pursuant to section 5719.05 of the  1,473        

Revised Code shall be stricken from such list, and his THE         1,474        

TAXPAYER'S name shall not be included in the list for that         1,476        

publication.                                                                    

      The other such duplicate, from which shall first be          1,478        

eliminated the names of persons whose total liability for taxes    1,479        

and penalty is less than one hundred dollars, shall be filed by    1,480        

the auditor on the first day of December, annually, in the office  1,481        

of the county recorder, and the same shall constitute a notice of  1,482        

lien and operate as of the date of delivery as a lien on the       1,483        

lands and tenements, vested legal interests therein, and           1,484        

permanent leasehold estates of each person named therein having    1,485        

such real estate in such county.  Such notice of lien and such     1,486        

lien shall not be valid as against any mortgagee, pledgee,         1,487        

purchaser, or judgment creditor whose rights have attached prior   1,488        

to the date of such delivery.  Such duplicate shall be kept by     1,489        

the recorder, designated as the personal tax lien record, and      1,490        

indexed under the name of the person charged with such tax.  No    1,491        

fee shall be charged by the recorder for the services required     1,492        

under this section.                                                1,493        

      The auditor shall add to the tax list made pursuant to this  1,495        

section all such taxes omitted in a previous year when assessed    1,496        

                                                          36     


                                                                 
by him THE AUDITOR or finally assessed by the tax commissioner     1,497        

pursuant to law, and by proper certificates cause the same to be   1,499        

added to the treasurer's delinquent tax duplicate provided for in  1,500        

this section, and, in proper cases, file notice of the lien with   1,501        

the recorder, as provided in this section.                         1,502        

      If the authority making any assessment believes that the     1,504        

collection of such taxes will be jeopardized by delay, such        1,505        

assessing authority shall so certify on the assessment             1,506        

certificate thereof, and the auditor shall include a certificate   1,507        

of such jeopardy in the certificate given by him THE AUDITOR to    1,508        

the treasurer.  In such event the treasurer shall proceed          1,510        

immediately to collect such taxes, and to enforce the collection   1,511        

thereof by any means provided by law, and he THE TREASURER may     1,512        

not accept a tender of any part of such taxes; but the person or   1,514        

his THE representatives OF THE PERSON against whom such            1,516        

assessment is made may, in the event of an appeal to the tax       1,517        

commissioner therefrom, obtain a stay of collection of the whole   1,518        

or any part of the amount of such assessment by filing with the    1,519        

treasurer a bond in an amount not exceeding double the amount as   1,520        

to which the stay is desired, with such surety as the treasurer    1,521        

deems necessary, conditioned upon the payment of the amount        1,522        

determined to be due by the decision of the commissioner which     1,523        

has become final, and further conditioned that if an appeal is     1,524        

not filed within the period provided by law, the amount of                      

collection which is stayed by the bond will be paid on notice and  1,525        

demand of the treasurer at any time after the expiration of such   1,526        

period.  The taxpayer may waive such stay as to the whole or any   1,527        

part of the amount covered by the bond, and if as the result of    1,528        

such waiver any part of the amount covered by the bond is paid,    1,529        

then the bond shall be proportionately reduced on the request of   1,530        

the taxpayer.                                                      1,531        

      (B)  Immediately after each settlement required by division  1,533        

(D) of section 321.24 of the Revised Code the auditor shall make   1,534        

a separate list and duplicate, prepared as prescribed in division  1,535        

                                                          37     


                                                                 
(A) of this section, of all general personal and classified        1,536        

property taxes that remain unpaid but are excepted from            1,537        

collection pursuant to section 5711.32 of the Revised Code.  The   1,538        

duplicate of such list shall be delivered to the treasurer at the  1,539        

time of delivery of the delinquent personal and classified         1,540        

property tax duplicate.                                            1,541        

      Sec. 5719.041.  If the payment of a general personal         1,550        

property or classified property tax is not made on or before the   1,551        

last day prescribed by section 5719.03 or 5719.031 of the Revised  1,552        

Code, an interest charge shall begin to accrue and shall continue  1,553        

until all charges are paid, except that no interest charge shall   1,554        

accrue for or in the month in which such payment was due under     1,555        

such section or under the circumstances and for the period         1,556        

described in division (A)(2) of section 5711.33 of the Revised     1,557        

Code OR UPON DELINQUENT TAXES THAT ARE THE SUBJECT OF A            1,558        

DELINQUENT TAX CONTRACT ENTERED INTO PURSUANT TO SECTION 5719.05   1,559        

OF THE REVISED CODE.                                               1,560        

      The interest charge shall accrue against the balance of      1,562        

such taxes and any penalty thereon outstanding that remains        1,563        

unpaid on the last day of each month and shall be at the rate per  1,564        

calendar month, rounded to the nearest one-hundredth of one per    1,565        

cent, equal to one-twelfth of the rate per annum prescribed by     1,566        

section 5703.47 of the Revised Code for the calendar year that     1,567        

includes the month for which the charge accrues.  The charge is    1,568        

payable in addition to the unpaid balance of taxes and penalties   1,569        

on the day the charge accrues, unless the entire balance is        1,570        

sooner paid.                                                       1,571        

      IF A DELINQUENT TAX CONTRACT BECOMES VOID, INTEREST SHALL    1,573        

BE CHARGED ON THE DAY ON WHICH THE CONTRACT BECOMES VOID IN THE    1,574        

AMOUNT THAT WOULD HAVE BEEN CHARGED HAD THE DELINQUENT TAX         1,575        

CONTRACT NOT BEEN ENTERED INTO AND SHALL THEREAFTER ACCRUE AS      1,576        

PROVIDED IN THIS SECTION.                                                       

      Interest shall be allowed, at the same rate per calendar     1,578        

month as is applicable that month for underpayments, on any        1,579        

                                                          38     


                                                                 
overpayment of the tax charged on a general personal property or   1,580        

a classified property tax duplicate, from the first day of the     1,581        

month following the date of the overpayment until the last day of  1,582        

the month preceding the date of the refund of the overpayment.     1,583        

The interest shall be paid from the fund or funds to which the     1,584        

overpayment was credited.                                          1,585        

      When the county treasurer makes his THE TREASURER'S annual   1,587        

settlement with the county auditor under division (D) of section   1,589        

321.24 of the Revised Code, he THE TREASURER shall certify to the  1,590        

auditor a list of all entries on the cumulative delinquent tax     1,592        

duplicate that are at that time in the process of being paid in    1,593        

installments under a valid undertaking DELINQUENT TAX CONTRACT.    1,594        

For each entry that appears on the duplicate that is not on the    1,596        

certified list, the auditor shall compute the full amount of       1,597        

interest charges which have accrued against such entry since the   1,598        

preceding such settlement was made and shall include such charges  1,599        

through the last day of the month preceding the current            1,600        

settlement.  The auditor shall include such amounts on the tax     1,601        

list and duplicates prepared by him THE AUDITOR as prescribed in   1,602        

section 5719.04 of the Revised Code unless the interest is less    1,603        

than one dollar, in which case it shall not be added to such tax   1,604        

lists and duplicates.                                              1,605        

      Before the county treasurer accepts any payment of taxes     1,607        

against which there are accrued interest charges that do not       1,608        

appear on the delinquent tax duplicate, he THE TREASURER shall     1,609        

notify the auditor who shall issue a certificate to the treasurer  1,611        

showing the amount of such interest charges, and the treasurer     1,612        

shall collect the amount shown on such certificate at the time he  1,613        

accepts the OF ACCEPTING payment of such taxes.  If the amount of  1,614        

such interest charges is less than one dollar, no such             1,616        

certificate shall be issued.  In the case of delinquent personal   1,617        

property taxes, the interest shown on such certificate shall be    1,618        

credited to the undivided general tax fund, and distributed in     1,619        

the same manner as the delinquent taxes upon which the interest    1,620        

                                                          39     


                                                                 
charges accrued.  In the case of delinquent classified property    1,621        

taxes, the interest shown on such certificate shall be credited    1,622        

to the county library and local government support fund and        1,623        

distributed in accordance with section 5747.48 of the Revised      1,624        

Code.  When the payment of delinquent taxes is credited on the     1,625        

tax duplicate the treasurer shall make a separate notation         1,626        

thereon indicating the amount collected and the index number of    1,627        

the auditor's certificate herein prescribed.                       1,628        

      Sec. 5719.05.  The county treasurer shall forthwith collect  1,637        

the taxes and penalty on the duplicate delivered to him THE        1,638        

TREASURER by the auditor pursuant to section 5719.04 of the        1,640        

Revised Code and any interest thereon by any of the means          1,641        

provided by law.                                                                

      In addition to any other means provided by law, the          1,643        

treasurer may, when he finds AFTER FINDING that he THE TREASURER   1,645        

is unable to collect the full amount of delinquent taxes,          1,646        

interest, and penalties charged against an entry on the            1,647        

cumulative delinquent tax duplicate in a single payment, enter     1,648        

into a written undertaking DELINQUENT TAX CONTRACT, with the       1,649        

person so charged, for payment of the full amount in               1,650        

installments.  The terms of said undertaking THE DELINQUENT TAX    1,651        

CONTRACT shall include the amount payable and the due date of      1,654        

each installment including the final payment date, which shall be  1,655        

not more than two FIVE years after the date of the first payment.  1,657        

The treasurer shall enter upon the margin of the duplicate a       1,658        

notation indicating that the agreement for installment payment     1,659        

has been undertaken.  A receipt shall be issued for each payment,  1,660        

and the payment shall be credited on the duplicate on the date     1,661        

paid.  Each payment shall be applied to the taxes, interest, and   1,662        

penalties in the same order as each became due and shall be        1,663        

apportioned among the various funds, for which the taxes were      1,664        

levied, at the next succeeding tax settlement. When a payment is   1,665        

not tendered as agreed upon, the undertaking DELINQUENT TAX        1,666        

CONTRACT may be declared void by the treasurer, and he THE         1,667        

                                                          40     


                                                                 
TREASURER may proceed to collect the unpaid balance by any means   1,669        

provided by law.  The treasurer may permit a new agreement to be   1,670        

undertaken, under the same terms and conditions, but there shall   1,671        

be no requirement that he THE TREASURER do so.                     1,672        

      Sec. 5721.02.  The office of the county treasurer shall be   1,681        

kept open to receive the payment of delinquent real property       1,682        

taxes, from the date of the delivery of the delinquent land        1,683        

duplicate provided for in section 5721.011 of the Revised Code,    1,684        

until the final publication of the delinquent tax list and the     1,685        

delinquent vacant land tax list as provided in section 5721.03 of  1,686        

the Revised Code, in order that the name of any taxpayer           1,687        

appearing on either list, who prior to forty-eight hours SEVEN     1,688        

DAYS before the first publication of that list pays the            1,689        

delinquent taxes in full, may be stricken from that list and in    1,691        

order that the name of each person appearing on either list, who   1,692        

prior to forty-eight hours SEVEN DAYS before the publication of    1,693        

that list enters into an undertaking A DELINQUENT TAX CONTRACT     1,694        

under section 323.31 of the Revised Code to pay the delinquent     1,697        

taxes in installments, may be stricken from that list or an        1,698        

asterisk may be entered in the margin next to his THE PERSON'S     1,699        

name.  If payment in full is made subsequent to the first          1,700        

publication and prior to forty-eight hours SEVEN DAYS before the   1,701        

second publication of either list, the name of the taxpayer shall  1,703        

be eliminated from the second publication.                         1,704        

      Sec. 5721.03.  (A)  At the time of making the delinquent     1,713        

land list, as provided in section 5721.011 of the Revised Code,    1,714        

the county auditor shall compile a delinquent tax list consisting  1,715        

of all lands on the delinquent land list on which taxes have       1,716        

become delinquent at the close of the collection period            1,717        

immediately preceding the making of the delinquent land list.      1,718        

The auditor shall also compile a delinquent vacant land tax list   1,719        

of all delinquent vacant lands prior to the institution of any     1,720        

foreclosure and forfeiture actions against delinquent vacant       1,721        

lands under section 5721.14 of the Revised Code or any             1,722        

                                                          41     


                                                                 
foreclosure actions against delinquent vacant lands under section  1,723        

5721.18 of the Revised Code.                                       1,724        

      The delinquent tax list, and the delinquent vacant land tax  1,726        

list if one is compiled, shall contain all of the information      1,727        

included on the delinquent land list, except that, if the          1,728        

auditor's records show that the name of the person in whose name   1,729        

the property currently is listed is not the name that appears on   1,730        

the delinquent land list, the name used in the delinquent tax      1,731        

list or the delinquent vacant land tax list shall be the name of   1,732        

the person the auditor's records show as the person in whose name  1,733        

the property currently is listed.                                  1,734        

      Lands that have been included in a previously published      1,736        

delinquent tax list shall not be included in the delinquent tax    1,737        

list so long as taxes have remained delinquent on such lands for   1,738        

the entire intervening time.                                       1,739        

      In either list, there may be included lands that have been   1,741        

omitted in error from a prior list and lands with respect to       1,742        

which the auditor has received a certification that an             1,743        

undertaking A DELINQUENT TAX CONTRACT has become void since the    1,744        

publication of the last previously published list, provided the    1,746        

name of the owner was stricken from a prior list under section     1,747        

5721.02 of the Revised Code.                                       1,748        

      (B)(1)  The auditor shall cause the delinquent tax list and  1,750        

the delinquent vacant land tax list, if one is compiled, to be     1,751        

published twice within sixty days after the delivery of the        1,752        

delinquent land duplicate to the county treasurer, in a newspaper  1,753        

of general circulation in the county.  The publication shall be    1,754        

printed in the English language.                                   1,755        

      The auditor shall insert display notices of the forthcoming  1,757        

publication of the delinquent tax list and, if it is to be         1,758        

published, the delinquent vacant land tax list once a week for     1,759        

two consecutive weeks in a newspaper of general circulation in     1,760        

the county.  The display notices shall contain the times and       1,761        

methods of payment of taxes provided by law, including             1,762        

                                                          42     


                                                                 
information concerning installment payments made in accordance     1,763        

with a written undertaking DELINQUENT TAX CONTRACT.  The display   1,764        

notice for the delinquent tax list also shall include a notice     1,766        

that an interest charge will accrue on accounts remaining unpaid   1,767        

after the last day of November unless the taxpayer enters INTO a   1,768        

written undertaking DELINQUENT TAX CONTRACT to pay such taxes in   1,770        

installments.  The display notice for the delinquent vacant land   1,771        

tax list if it is to be published also shall include a notice      1,772        

that delinquent vacant lands in the list are lands on which taxes  1,773        

have remained unpaid for five years after being certified          1,774        

delinquent, and that they are subject to foreclosure proceedings   1,775        

as provided in section 323.25 or 5721.18 of the Revised Code, or   1,776        

foreclosure and forfeiture proceedings as provided in section      1,777        

5721.14 of the Revised Code.  Each display notice also shall       1,778        

state that the lands are subject to a tax certificate sale under   1,779        

section 5721.32 or 5721.33 of the Revised Code, as the case may                 

be, and shall include any other information that the auditor       1,782        

considers pertinent to the purpose of the notice.  The display     1,783        

notices shall be furnished by the auditor to the newspapers        1,784        

selected to publish the lists at least ten days before their       1,785        

first publication.                                                 1,786        

      (2)  Publication of the list or lists may be made by a       1,788        

newspaper in installments, provided the complete publication of    1,789        

each list is made twice during the sixty-day period.               1,790        

      (3)  There shall be attached to the delinquent tax list a    1,792        

notice that the delinquent lands will be certified for             1,793        

foreclosure by the auditor unless the taxes, assessments,          1,794        

interest, and penalties due and owing on them are paid.  There     1,795        

shall be attached to the delinquent vacant land tax list, if it    1,796        

is to be published, a notice that delinquent vacant lands will be  1,797        

certified for foreclosure or foreclosure and forfeiture by the     1,798        

auditor unless the taxes, assessments, interest, and penalties     1,799        

due and owing on them are paid within twenty-eight days after the  1,800        

final publication of the notice.                                   1,801        

                                                          43     


                                                                 
      (4)  The auditor shall review the first publication of each  1,803        

list for accuracy and completeness and may correct any errors      1,804        

appearing in the list in the second publication.                   1,805        

      (C)  For the purposes of section 5721.18 of the Revised      1,807        

Code, land is first certified delinquent on the date of the        1,808        

certification of the delinquent land list containing that land.    1,809        

      Sec. 5721.06.  (A)(1)  The form of the notice required to    1,818        

be attached to the published delinquent tax list by division       1,819        

(B)(3) of section 5721.03 of the Revised Code shall be in          1,820        

substance as follows:                                              1,821        

                   "DELINQUENT LAND TAX NOTICE                     1,823        

      The lands, lots, and parts of lots returned delinquent by    1,825        

the county treasurer of ................... county, with the       1,826        

taxes assessments, interest, and penalties, charged against them   1,827        

agreeably to law, are contained and described in the following     1,828        

list:  (Here insert the list with the names of the owners of such  1,829        

respective tracts of land or town lots as designated on the        1,830        

delinquent tax list.  If, prior to forty-eight hours SEVEN DAYS    1,831        

before the publication of the list, an undertaking A DELINQUENT    1,832        

TAX CONTRACT has been entered into under section 323.31 of the     1,834        

Revised Code, the owner's name may be stricken from the list or    1,835        

designated by an asterisk shown in the margin next to the owner's  1,836        

name.)                                                                          

      Notice is hereby given that the whole of such several        1,838        

lands, lots, or parts of lots will be certified for foreclosure    1,839        

by the county auditor pursuant to law unless the whole of the      1,840        

delinquent taxes, assessments, interest, and penalties are paid    1,841        

within one year or unless a tax certificate with respect to the    1,842        

parcel is sold under section 5721.32 or 5721.33 of the Revised     1,843        

Code.  The names of persons who have entered into a written        1,847        

undertaking DELINQUENT TAX CONTRACT with the county treasurer to   1,848        

discharge the delinquency are designated by an asterisk or have    1,849        

been stricken from the list."                                      1,850        

      (2)  If the county treasurer has certified to the county     1,852        

                                                          44     


                                                                 
auditor that the treasurer intends to offer for sale a tax         1,853        

certificate with respect to one or more parcels of delinquent      1,854        

land under section 5721.32 or 5721.33 of the Revised Code, the     1,855        

form of the notice shall include the following statement,          1,858        

appended after the second paragraph of the notice prescribed by                 

division (A)(1) of this section:                                   1,860        

      "Notice also is hereby given that a tax certificate may be   1,862        

offered for sale under section 5721.32 or 5721.33 of the Revised   1,863        

Code with respect to those parcels shown on this list.  If a tax   1,865        

certificate on a parcel is purchased, the purchaser of the tax     1,866        

certificate acquires the state's or its taxing district's first    1,867        

lien against the property, and an additional interest charge of    1,868        

up to eighteen per cent per annum shall be assessed against the    1,869        

parcel.  In addition, failure by the owner of the parcel to        1,870        

redeem the tax certificate may result in foreclosure proceedings   1,871        

against the parcel.  No tax certificate shall be offered for sale               

if the owner of the parcel has either discharged the lien by       1,873        

paying to the county treasurer in cash the amount of delinquent    1,874        

taxes, assessments, penalties, interest, and charges charged       1,875        

against the property, or has entered into a valid undertaking                   

DELINQUENT TAX CONTRACT pursuant to section 323.31 of the Revised  1,876        

Code to pay those amounts in installments."                        1,877        

      (B)  The form of the notice required to be attached to the   1,879        

published delinquent vacant land tax list by division (B)(3) of    1,880        

section 5721.03 of the Revised Code shall be in substance as       1,881        

follows:                                                           1,882        

               "DELINQUENT VACANT LAND TAX NOTICE                  1,884        

      The delinquent vacant lands, returned delinquent by the      1,886        

county treasurer of ................. county, with the taxes       1,887        

assessments, interest, and penalties charged against them          1,888        

according to law, and remaining delinquent for five years, are     1,889        

contained and described in the following list:  (here insert the   1,890        

list with the names of the owners of the respective tracts of      1,891        

land as designated on the delinquent vacant land tax list.  If,    1,892        

                                                          45     


                                                                 
prior to forty-eight hours SEVEN DAYS before the publication of    1,893        

the list, an undertaking A DELINQUENT TAX CONTRACT has been        1,894        

entered into under section 323.31 of the Revised Code, the         1,896        

owner's name may be stricken from the list or designated by an     1,897        

asterisk shown in the margin next to the owner's name.)            1,898        

      Notice is hereby given that these delinquent vacant lands    1,900        

will be certified for foreclosure or foreclosure and forfeiture    1,901        

by the county auditor pursuant to law unless the whole of the      1,902        

delinquent taxes, assessments, interest, and penalties are paid    1,903        

within twenty-eight days after the final publication of this       1,904        

notice.  The names of persons who have entered into a written      1,905        

undertaking DELINQUENT TAX CONTRACT with the county treasurer to   1,906        

discharge the delinquency are designated by an asterisk or have    1,908        

been stricken from the list."                                      1,909        

      Sec. 5721.10.  Except as otherwise provided under sections   1,918        

5721.30 to 5721.41 5721.42 of the Revised Code, the state shall    1,920        

have the first lien on the lands and lots described in the         1,922        

delinquent land list, for the amount of taxes, assessments,        1,923        

interest, and penalty charged prior to the delivery of such list.  1,924        

If the taxes have not been paid for one year after having been     1,925        

certified as delinquent, the state shall institute foreclosure     1,926        

proceedings in the manner provided by sections 5721.01 to 5721.28  1,927        

of the Revised Code unless a tax certificate respecting that       1,928        

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      1,932        

undertaking DELINQUENT TAX CONTRACT under section 323.31 of the    1,934        

Revised Code for which the county treasurer has not made                        

certification to the county auditor that the undertaking           1,935        

DELINQUENT TAX CONTRACT has become void.  The court shall levy,    1,938        

as costs in the foreclosure proceedings instituted on said         1,939        

certification, the cost of an abstract or certificate of title to  1,940        

the property described in said certification, if the same is       1,941        

required by the court, to be paid into the general fund of the     1,942        

county.  Sections 5721.01 to 5721.28 of the Revised Code do not    1,943        

                                                          46     


                                                                 
prevent the partial payment of such delinquent taxes,              1,945        

assessments, interest, and penalty during the period the                        

delinquency is being discharged in accordance with an undertaking  1,946        

A DELINQUENT TAX CONTRACT under section 323.31 of the Revised      1,948        

Code, but such partial payments may be made and received as        1,949        

provided by law without prejudice to the right of the state to     1,950        

institute foreclosure proceedings for any amount then remaining    1,951        

unpaid if the county treasurer certifies to the county auditor     1,952        

that the undertaking DELINQUENT TAX CONTRACT has become void.      1,954        

      Sec. 5721.14.  Subject to division (A)(2) of this section,   1,963        

on receipt of a delinquent vacant land tax certificate or a        1,964        

master list of delinquent vacant tracts, a county prosecuting      1,965        

attorney shall institute a foreclosure proceeding under section    1,966        

323.25 or 5721.18 of the Revised Code, or a foreclosure and        1,967        

forfeiture proceeding under this section.  If the delinquent       1,968        

vacant land tax certificate or a master list of delinquent vacant  1,970        

tracts lists minerals or rights to minerals listed pursuant to     1,971        

sections 5713.04, 5713.05, and 5713.06 of the Revised Code, the    1,973        

county prosecuting attorney may institute a foreclosure                         

proceeding under section 323.25 or 5721.18 of the Revised Code or  1,974        

a foreclosure and forfeiture proceeding under this section         1,976        

against such minerals or rights to minerals.                       1,977        

      (A)(1)  The prosecuting attorney shall institute a           1,979        

proceeding under this section by filing, in the name of the        1,980        

county treasurer and with the clerk of a court with jurisdiction,  1,981        

a complaint that requests that the lien of the state on the        1,982        

property identified in the certificate or master list be           1,983        

foreclosed and that the property be forfeited to the state.  The   1,984        

prosecuting attorney shall prosecute the proceeding to final       1,985        

judgment and satisfaction.                                         1,986        

      (2)  If the delinquent taxes, assessments, charges,          1,988        

penalties, and interest are paid prior to the time a complaint is  1,989        

filed, the prosecuting attorney shall not institute a proceeding   1,990        

under this section.  If there is a copy of a written undertaking   1,991        

                                                          47     


                                                                 
DELINQUENT TAX CONTRACT attached to the certificate or an          1,993        

asterisk next to an entry on the master list, or if a copy of an   1,994        

undertaking A DELINQUENT TAX CONTRACT is received from the county  1,996        

auditor prior to the commencement of the proceeding under this     1,997        

section, the prosecuting attorney shall not institute the          1,998        

proceeding under this section unless the prosecuting attorney      1,999        

receives a certification of the county treasurer that the          2,000        

undertaking DELINQUENT TAX CONTRACT has become void.               2,002        

      (B)  Foreclosure and forfeiture proceedings constitute an    2,004        

action in rem.  Prior to filing such an action in rem, the county  2,005        

prosecuting attorney shall cause a title search to be conducted    2,006        

for the purpose of identifying any lienholders or other persons    2,007        

with interests in the property that is subject to foreclosure and  2,008        

forfeiture.  Following the title search, the action in rem shall   2,009        

be instituted by filing in the office of the clerk of a court      2,010        

with jurisdiction a complaint bearing a caption substantially in   2,011        

the form set forth in division (A) of section 5721.15 of the       2,012        

Revised Code.                                                      2,013        

      Any number of parcels may be joined in one action.  Each     2,015        

separate parcel included in a complaint shall be given a serial    2,016        

number and shall be separately indexed and docketed by the clerk   2,017        

of the court in a book kept by the clerk for such purpose.  A      2,018        

complaint shall contain the permanent parcel number of each        2,019        

parcel included in it, the full street address of the parcel when  2,020        

available, a description of the parcel as set forth in the         2,021        

certificate or master list, the name and address of the last       2,022        

known owner of the parcel if they appear on the general tax list,  2,023        

the name and address of each lienholder and other person with an   2,024        

interest in the parcel identified in the title search relating to  2,025        

the parcel that is required by this division, and the amount of    2,026        

taxes, assessments, charges, penalties, and interest due and       2,027        

unpaid with respect to the parcel.  It is sufficient for the       2,028        

county treasurer to allege in the complaint that the certificate   2,030        

or master list has been duly filed by the county auditor with      2,031        

                                                          48     


                                                                 
respect to each parcel listed, that the amount of money with       2,032        

respect to each parcel appearing to be due and unpaid is due and   2,033        

unpaid, and that there is a lien against each parcel, without      2,034        

setting forth any other or special matters.  The prayer of the     2,035        

complaint shall be that the court issue an order that the lien of  2,036        

the state on each of the parcels included in the complaint be      2,037        

foreclosed, that the property be forfeited to the state, and that  2,038        

the land be offered for sale in the manner provided in section     2,039        

5723.06 of the Revised Code.                                       2,040        

      (C)  Within thirty days after the filing of a complaint,     2,042        

the clerk of the court in which the complaint was filed shall      2,043        

cause a notice of foreclosure and forfeiture substantially in the  2,044        

form of the notice set forth in division (B) of section 5721.15    2,045        

of the Revised Code to be published once a week for three          2,046        

consecutive weeks in a newspaper of general circulation in the     2,047        

county.  In any county that has adopted a permanent parcel number  2,048        

system, the parcel may be described in the notice by parcel        2,049        

number only, instead of also with a complete legal description,    2,050        

if the county prosecuting attorney determines that the             2,051        

publication of the complete legal description is not necessary to  2,052        

provide reasonable notice of the foreclosure and forfeiture        2,053        

proceeding to the interested parties.  If the complete legal       2,054        

description is not published, the notice shall indicate where the  2,055        

complete legal description may be obtained.                        2,056        

      After the third publication, the publisher shall file with   2,058        

the clerk of the court an affidavit stating the fact of the        2,059        

publication and including a copy of the notice of foreclosure and  2,060        

forfeiture as published.  Service of process for purposes of the   2,061        

action in rem shall be considered as complete on the date of the   2,062        

last publication.                                                  2,063        

      Within thirty days after the filing of a complaint and       2,065        

before the date of the final publication of the notice of          2,066        

foreclosure and forfeiture, the clerk of the court also shall      2,067        

cause a copy of a notice substantially in the form of the notice   2,068        

                                                          49     


                                                                 
set forth in division (C) of section 5721.15 of the Revised Code   2,069        

to be mailed by ordinary mail, with postage prepaid, to each       2,070        

person named in the complaint as being the last known owner of a   2,071        

parcel included in it, or as being a lienholder or other person    2,072        

with an interest in a parcel included in it.  The notice shall be  2,073        

sent to the address of each such person, as set forth in the       2,074        

complaint, and the clerk shall enter the fact of such mailing      2,075        

upon the appearance docket.  If the name and address of the last   2,076        

known owner of a parcel included in a complaint is not set forth   2,077        

in it, the county auditor shall file an affidavit with the clerk   2,078        

stating that the name and address of the last known owner does     2,079        

not appear on the general tax list.                                2,080        

      (D)(1)  An answer may be filed in a foreclosure and          2,082        

forfeiture proceeding by any person owning or claiming any right,  2,083        

title, or interest in, or lien upon, any parcel described in the   2,084        

complaint.  The answer shall contain the caption and number of     2,085        

the action and the serial number of the parcel concerned.  The     2,086        

answer shall set forth the nature and amount of interest claimed   2,087        

in the parcel and any defense or objection to the foreclosure of   2,088        

the lien of the state for delinquent taxes, assessments, charges,  2,089        

penalties, and interest, as shown in the complaint.  The answer    2,090        

shall be filed in the office of the clerk of the court, and a      2,091        

copy of the answer shall be served on the county prosecuting       2,092        

attorney not later than twenty-eight days after the date of final  2,093        

publication of the notice of foreclosure and forfeiture.  If an    2,094        

answer is not filed within such time, a default judgment may be    2,095        

taken as to any parcel included in a complaint as to which no      2,096        

answer has been filed.  A default judgment is valid and effective  2,097        

with respect to all persons owning or claiming any right, title,   2,098        

or interest in, or lien upon, any such parcel, notwithstanding     2,099        

that one or more of such persons are minors, incompetents,         2,100        

absentees or nonresidents of the state, or convicts in             2,101        

confinement.                                                       2,102        

      (2)(a)  A receiver appointed pursuant to divisions (C)(2)    2,104        

                                                          50     


                                                                 
and (3) of section 3767.41 of the Revised Code may file an answer  2,105        

pursuant to division (D)(1) of this section, but is not required   2,106        

to do so as a condition of receiving proceeds in a distribution    2,107        

under division (B)(2) of section 5721.17 of the Revised Code.      2,108        

      (b)  When a receivership under section 3767.41 of the        2,110        

Revised Code is associated with a parcel, the notice of            2,111        

foreclosure and forfeiture set forth in division (B) of section    2,112        

5721.15 of the Revised Code and the notice set forth in division   2,113        

(C) of that section shall be modified to reflect the provisions    2,114        

of division (D)(2)(a) of this section.                             2,115        

      (E)  At the trial of a foreclosure and forfeiture            2,117        

proceeding, the delinquent vacant land tax certificate or master   2,118        

list of delinquent vacant tracts filed by the county auditor with  2,119        

the county prosecuting attorney shall be prima-facie evidence of   2,120        

the amount and validity of the taxes, assessments, charges,        2,121        

penalties, and interest appearing due and unpaid on the parcel to  2,122        

which the certificate or master list relates and their             2,123        

nonpayment.  If an answer is properly filed, the court may, in     2,124        

its discretion, and shall, at the request of the person filing     2,125        

the answer, grant a severance of the proceedings as to any parcel  2,126        

described in such answer for purposes of trial or appeal.          2,127        

      (F)  The conveyance by the owner of any parcel against       2,129        

which a complaint has been filed pursuant to this section at any   2,130        

time after the date of publication of the parcel on the            2,131        

delinquent vacant land tax list but before the date of a judgment  2,132        

of foreclosure and forfeiture pursuant to section 5721.16 of the   2,133        

Revised Code shall not nullify the right of the county to proceed  2,134        

with the foreclosure and forfeiture.                               2,135        

      Sec. 5721.18.  The county prosecuting attorney, upon the     2,144        

delivery to the prosecuting attorney by the county auditor of a    2,146        

delinquent land or delinquent vacant land tax certificate, or of   2,147        

a master list of delinquent or delinquent vacant tracts, shall     2,148        

institute a foreclosure proceeding under this section in the name  2,149        

of the county treasurer to foreclose the lien of the state, in     2,150        

                                                          51     


                                                                 
any court with jurisdiction, unless the taxes, assessments,        2,151        

charges, penalties, and interest are paid prior to the time a      2,152        

complaint is filed, or unless a foreclosure or foreclosure and     2,153        

forfeiture action has been or will be instituted under section     2,154        

323.25 or 5721.14 of the Revised Code.  If the delinquent land or  2,156        

delinquent vacant land tax certificate or the master list of       2,157        

delinquent or delinquent vacant tracts lists minerals or rights                 

to minerals listed pursuant to sections 5713.04, 5713.05, and      2,158        

5713.06 of the Revised Code, the county prosecuting attorney may   2,160        

institute a foreclosure proceeding in the name of the county       2,161        

treasurer, in any court with jurisdiction, to foreclose the lien   2,162        

of the state against such minerals or rights to minerals, unless                

the taxes, assessments, charges, penalties, and interest are paid  2,163        

prior to the time the complaint is filed, or unless a foreclosure  2,165        

or foreclosure and forfeiture action has been or will be           2,166        

instituted under section 323.25 or 5721.14 of the Revised Code.    2,167        

      The prosecuting attorney shall prosecute the proceeding to   2,171        

final judgment and satisfaction.  WITHIN TEN DAYS AFTER OBTAINING               

A JUDGMENT, THE PROSECUTING ATTORNEY SHALL NOTIFY THE TREASURER    2,172        

IN WRITING THAT JUDGMENT HAS BEEN RENDERED.  If there is a copy    2,173        

of a written undertaking DELINQUENT TAX CONTRACT attached to the   2,174        

certificate or an asterisk next to an entry on the master list,    2,176        

or if a copy of an undertaking A DELINQUENT TAX CONTRACT is        2,177        

received from the auditor prior to the commencement of the         2,179        

proceeding under this section, the prosecuting attorney shall not  2,180        

institute the proceeding under this section, unless the            2,181        

prosecuting attorney receives a certification of the treasurer     2,182        

that the undertaking DELINQUENT TAX CONTRACT has become void.      2,183        

      (A)  This division applies to all foreclosure proceedings    2,185        

not instituted and prosecuted under section 323.25 of the Revised  2,186        

Code or division (B) or (C) of this section.  The foreclosure      2,187        

proceedings shall be instituted and prosecuted in the same manner  2,188        

as is provided by law for the foreclosure of mortgages on land,    2,189        

except that, if service by publication is necessary, such          2,190        

                                                          52     


                                                                 
publication shall be made once a week for three consecutive weeks  2,191        

instead of as provided by the Rules of Civil Procedure, and the    2,192        

service shall be complete at the expiration of three weeks after   2,193        

the date of the first publication.  In any proceeding prosecuted   2,194        

under this section, if the prosecuting attorney determines that    2,195        

service upon a defendant may be obtained ultimately only by        2,196        

publication, the prosecuting attorney may cause service to be      2,197        

made simultaneously by certified mail, return receipt requested,   2,199        

ordinary mail, and publication.                                    2,200        

      In any county that has adopted a permanent parcel number     2,202        

system, the parcel may be described in the notice by parcel        2,203        

number only, instead of also with a complete legal description,    2,204        

if the prosecuting attorney determines that the publication of     2,205        

the complete legal description is not necessary to provide         2,206        

reasonable notice of the foreclosure proceeding to the interested  2,207        

parties.  If the complete legal description is not published, the  2,208        

notice shall indicate where the complete legal description may be  2,209        

obtained.                                                          2,210        

      It is sufficient, having been made a proper party to the     2,212        

foreclosure proceeding, for the treasurer to allege in the         2,213        

treasurer's complaint that the certificate or master list has      2,215        

been duly filed by the auditor, that the amount of money           2,216        

appearing to be due and unpaid is due and unpaid, and that there   2,217        

is a lien against the property described in the certificate or     2,218        

master list, without setting forth in the complaint any other or   2,219        

special matter relating to the foreclosure proceeding.  The        2,220        

prayer of the complaint shall be that the court issue an order     2,221        

that the property be sold by the sheriff, or if the action is in   2,222        

the municipal court by the bailiff, in the manner provided in      2,223        

section 5721.19 of the Revised Code.                               2,224        

      In the foreclosure proceeding, the treasurer may join in     2,226        

one action any number of lots or lands, but the decree shall be    2,227        

rendered separately, and any proceedings may be severed, in the    2,228        

discretion of the court, for the purpose of trial or appeal, and   2,229        

                                                          53     


                                                                 
the court shall make such order for the payment of costs as is     2,230        

considered proper.  The certificate or master list filed by the    2,231        

auditor with the prosecuting attorney is prima-facie evidence at   2,232        

the trial of the foreclosure action of the amount and validity of  2,233        

the taxes, assessments, charges, penalties, and interest           2,234        

appearing due and unpaid and of their nonpayment.                  2,235        

      (B)  Foreclosure proceedings constituting an action in rem   2,237        

may be commenced by the filing of a complaint after the end of     2,238        

the second year from the date on which the delinquency was first   2,239        

certified by the auditor.  Prior to filing such an action in rem,  2,240        

the prosecuting attorney shall cause a title search to be          2,241        

conducted for the purpose of identifying any lienholders or other  2,242        

persons with interests in the property subject to foreclosure.     2,243        

Following the title search, the action in rem shall be instituted  2,244        

by filing in the office of the clerk of a court with jurisdiction  2,245        

a complaint bearing a caption substantially in the form set forth  2,246        

in division (A) of section 5721.181 of the Revised Code.           2,247        

      Any number of parcels may be joined in one action.  Each     2,249        

separate parcel included in a complaint shall be given a serial    2,250        

number and shall be separately indexed and docketed by the clerk   2,251        

of the court in a book kept by the clerk for such purpose.  A      2,252        

complaint shall contain the permanent parcel number of each        2,253        

parcel included in it, the full street address of the parcel when  2,254        

available, a description of the parcel as set forth in the         2,255        

certificate or master list, the name and address of the last       2,256        

known owner of the parcel if they appear on the general tax list,  2,257        

the name and address of each lienholder and other person with an   2,258        

interest in the parcel identified in the title search relating to  2,259        

the parcel that is required by this division, and the amount of    2,260        

taxes, assessments, charges, penalties, and interest due and       2,261        

unpaid with respect to the parcel.  It is sufficient for the       2,262        

treasurer to allege in the complaint that the certificate or       2,264        

master list has been duly filed by the auditor with respect to     2,265        

each parcel listed, that the amount of money with respect to each  2,266        

                                                          54     


                                                                 
parcel appearing to be due and unpaid is due and unpaid, and that  2,267        

there is a lien against each parcel, without setting forth any     2,268        

other or special matters.  The prayer of the complaint shall be    2,269        

that the court issue an order that the land described in the       2,270        

complaint be sold in the manner provided in section 5721.19 of     2,271        

the Revised Code.                                                  2,272        

      (1)  Within thirty days after the filing of a complaint,     2,274        

the clerk of the court in which the complaint was filed shall      2,275        

cause a notice of foreclosure substantially in the form of the     2,276        

notice set forth in division (B) of section 5721.181 of the        2,277        

Revised Code to be published once a week for three consecutive     2,278        

weeks in a newspaper of general circulation in the county.  In     2,279        

any county that has adopted a permanent parcel number system, the  2,280        

parcel may be described in the notice by parcel number only,       2,281        

instead of also with a complete legal description, if the          2,282        

prosecuting attorney determines that the publication of the        2,283        

complete legal description is not necessary to provide reasonable  2,284        

notice of the foreclosure proceeding to the interested parties.    2,285        

If the complete legal description is not published, the notice     2,286        

shall indicate where the complete legal description may be         2,287        

obtained.                                                          2,288        

      After the third publication, the publisher shall file with   2,290        

the clerk of the court an affidavit stating the fact of the        2,291        

publication and including a copy of the notice of foreclosure as   2,292        

published.  Service of process for purposes of the action in rem   2,293        

shall be considered as complete on the date of the last            2,294        

publication.                                                       2,295        

      Within thirty days after the filing of a complaint and       2,297        

before the final date of publication of the notice of              2,298        

foreclosure, the clerk of the court also shall cause a copy of a   2,299        

notice substantially in the form of the notice set forth in        2,300        

division (C) of section 5721.181 of the Revised Code to be mailed  2,301        

by certified mail, with postage prepaid, to each person named in   2,302        

the complaint as being the last known owner of a parcel included   2,303        

                                                          55     


                                                                 
in it, or as being a lienholder or other person with an interest   2,304        

in a parcel included in it.  The notice shall be sent to the       2,305        

address of each such person, as set forth in the complaint, and    2,306        

the clerk shall enter the fact of such mailing upon the            2,307        

appearance docket.  If the name and address of the last known      2,308        

owner of a parcel included in a complaint is not set forth in it,  2,309        

the auditor shall file an affidavit with the clerk stating that    2,310        

the name and address of the last known owner does not appear on    2,311        

the general tax list.                                              2,312        

      (2)(a)  An answer may be filed in an action in rem under     2,314        

this division by any person owning or claiming any right, title,   2,315        

or interest in, or lien upon, any parcel described in the          2,316        

complaint.  The answer shall contain the caption and number of     2,317        

the action and the serial number of the parcel concerned.  The     2,318        

answer shall set forth the nature and amount of interest claimed   2,319        

in the parcel and any defense or objection to the foreclosure of   2,320        

the lien of the state for delinquent taxes, assessments, charges,  2,321        

penalties, and interest as shown in the complaint.  The answer     2,322        

shall be filed in the office of the clerk of the court, and a      2,323        

copy of the answer shall be served on the prosecuting attorney,    2,324        

not later than twenty-eight days after the date of final           2,325        

publication of the notice of foreclosure.  If an answer is not     2,326        

filed within such time, a default judgment may be taken as to any  2,327        

parcel included in a complaint as to which no answer has been      2,328        

filed.  A default judgment is valid and effective with respect to  2,329        

all persons owning or claiming any right, title, or interest in,   2,330        

or lien upon, any such parcel, notwithstanding that one or more    2,331        

of such persons are minors, incompetents, absentees or             2,332        

nonresidents of the state, or convicts in confinement.             2,333        

      (b)(i)  A receiver appointed pursuant to divisions (C)(2)    2,335        

and (3) of section 3767.41 of the Revised Code may file an answer  2,336        

pursuant to division (B)(2)(a) of this section, but is not         2,337        

required to do so as a condition of receiving proceeds in a        2,338        

distribution under division (B)(1) of section 5721.17 of the       2,339        

                                                          56     


                                                                 
Revised Code.                                                      2,340        

      (ii)  When a receivership under section 3767.41 of the       2,342        

Revised Code is associated with a parcel, the notice of            2,343        

foreclosure set forth in division (B) of section 5721.181 of the   2,344        

Revised Code and the notice set forth in division (C) of that      2,345        

section shall be modified to reflect the provisions of division    2,346        

(B)(2)(b)(i) of this section.                                      2,347        

      (3)  At the trial of an action in rem under this division,   2,349        

the certificate or master list filed by the auditor with the       2,350        

prosecuting attorney shall be prima-facie evidence of the amount   2,351        

and validity of the taxes, assessments, charges, penalties, and    2,352        

interest appearing due and unpaid on the parcel to which the       2,353        

certificate or master list relates and their nonpayment.  If an    2,354        

answer is properly filed, the court may, in its discretion, and    2,355        

shall, at the request of the person filing the answer, grant a     2,356        

severance of the proceedings as to any parcel described in such    2,357        

answer for purposes of trial or appeal.                            2,358        

      (C)  In addition to the actions in rem authorized under      2,360        

division (B) of this section and section 5721.14 of the Revised    2,361        

Code, an action in rem may be commenced under this division.  An   2,362        

action commenced under this division shall conform to all of the   2,363        

requirements of division (B) of this section except as follows:    2,364        

      (1)  The prosecuting attorney shall not cause a title        2,366        

search to be conducted for the purpose of identifying any          2,367        

lienholders or other persons with interests in the property        2,368        

subject to foreclosure, except that the prosecuting attorney       2,369        

shall cause a title search to be conducted to identify any         2,371        

receiver's lien.                                                                

      (2)  The names and addresses of lienholders and persons      2,373        

with an interest in the parcel shall not be contained in the       2,374        

complaint, and notice shall not be mailed to lienholders and       2,375        

persons with an interest as provided in division (B)(1) of this    2,376        

section, except that the name and address of a receiver under      2,377        

section 3767.41 of the Revised Code shall be contained in the      2,378        

                                                          57     


                                                                 
complaint and notice shall be mailed to the receiver.              2,379        

      (3)  With respect to the forms applicable to actions         2,381        

commenced under division (B) of this section and contained in      2,382        

section 5721.181 of the Revised Code:                              2,383        

      (a)  The notice of foreclosure prescribed by division (B)    2,385        

of section 5721.181 of the Revised Code shall be revised to        2,386        

exclude any reference to the inclusion of the name and address of  2,387        

each lienholder and other person with an interest in the parcel    2,388        

identified in a statutorily required title search relating to the  2,389        

parcel, and to exclude any such names and addresses from the       2,390        

published notice, except that the revised notice shall refer to    2,391        

the inclusion of the name and address of a receiver under section  2,392        

3767.41 of the Revised Code and the published notice shall         2,393        

include the receiver's name and address.  The notice of            2,394        

foreclosure also shall include the following in boldface type:     2,395        

      "If pursuant to the action the parcel is sold, the sale      2,397        

shall not affect or extinguish any lien or encumbrance with        2,398        

respect to the parcel other than a receiver's lien and other than  2,399        

the lien for land taxes, assessments, charges, interest, and       2,400        

penalties for which the lien is foreclosed and in satisfaction of  2,401        

which the property is sold.  All other liens and encumbrances      2,402        

with respect to the parcel shall survive the sale."                2,403        

      (b)  The notice to the owner, lienholders, and other         2,405        

persons with an interest in a parcel shall be a notice only to     2,406        

the owner and to any receiver under section 3767.41 of the         2,407        

Revised Code, and the last two sentences of the notice to the      2,408        

owner shall be omitted.                                            2,409        

      (4)  As used in this division, a "receiver's lien" means     2,411        

the lien of a receiver appointed pursuant to divisions (C)(2) and  2,412        

(3) of section 3767.41 of the Revised Code that is acquired        2,413        

pursuant to division (H)(2)(b) of that section for any             2,414        

unreimbursed expenses and other amounts paid in accordance with    2,415        

division (F) of that section by the receiver and for the fees of   2,416        

the receiver approved pursuant to division (H)(1) of that          2,417        

                                                          58     


                                                                 
section.                                                           2,418        

      (D)  If the prosecuting attorney determines that an action   2,420        

in rem under division (B) or (C) of this section is precluded by   2,421        

law, then foreclosure proceedings shall be filed pursuant to       2,422        

division (A) of this section, and the complaint in the action in   2,423        

personam shall set forth the grounds upon which the action in rem  2,424        

is precluded.                                                      2,425        

      (E)  The conveyance by the owner of any parcel against       2,427        

which a complaint has been filed pursuant to this section at any   2,428        

time after the date of publication of the parcel on the            2,429        

delinquent tax list but before the date of a judgment of           2,430        

foreclosure pursuant to section 5721.19 of the Revised Code shall  2,431        

not nullify the right of the county to proceed with the            2,432        

foreclosure.                                                       2,433        

      Sec. 5721.19.  (A)  In its judgment of foreclosure rendered  2,442        

with respect to actions filed pursuant to section 5721.18 of the   2,443        

Revised Code, the court shall enter a finding with respect to      2,444        

each parcel of the amount of the taxes, assessments, charges,      2,445        

penalties, and interest, and the costs incurred in the             2,446        

foreclosure proceeding instituted against it, which are due and    2,447        

unpaid.  The court may order each parcel to be sold, without       2,448        

appraisal, for not less than either of the following:              2,449        

      (1)  The fair market value of the parcel, as determined by   2,451        

the county auditor, plus the costs incurred in the foreclosure     2,452        

proceeding;                                                        2,453        

      (2)  The total amount of the finding entered by the court,   2,455        

including all taxes, assessments, charges, penalties, and          2,456        

interest payable subsequent to the delivery to the county          2,457        

prosecuting attorney of the delinquent land tax certificate or     2,458        

master list of delinquent tracts and prior to the transfer of the  2,459        

deed of the parcel to the purchaser following confirmation of      2,460        

sale, plus the costs incurred in the foreclosure proceeding.  For  2,461        

purposes of determining such amount, the county treasurer may      2,463        

estimate the amount of taxes, assessments, interest, penalties,    2,464        

                                                          59     


                                                                 
and costs that will be payable at the time the deed of the         2,465        

property is transferred to the purchaser.                                       

      Notwithstanding the minimum sales price provisions of        2,467        

divisions (A)(1) and (2) of this section to the contrary, a        2,468        

parcel sold pursuant to this section shall not be sold for less    2,469        

than the amount described in division (A)(2) of this section if    2,470        

the highest bidder is the owner of record of the parcel                         

immediately prior to the judgment of foreclosure or a member of    2,471        

the following class of parties connected to that owner:  a member  2,472        

of that owner's immediate family, a person with a power of         2,473        

attorney appointed by that owner who subsequently transfers the    2,474        

parcel to the owner, a sole proprietorship owned by that owner or  2,475        

a member of his THAT OWNER'S immediate family, or a partnership,   2,476        

trust, business trust, corporation, or association in which the    2,478        

owner or a member of his THE OWNER'S immediate family owns or      2,480        

controls directly or indirectly more than fifty per cent.  If a                 

parcel sells for less than the amount described in division        2,481        

(A)(2) of this section, the officer conducting the sale shall      2,482        

require the buyer to complete an affidavit stating that the buyer  2,484        

is not the owner of record immediately prior to the judgment of    2,485        

foreclosure or a member of the specified class of parties                       

connected to that owner, and the affidavit shall become part of    2,486        

the court records of the proceeding.  If the county auditor        2,487        

discovers within three years after the date of the sale that a     2,488        

parcel was sold to that owner or a member of the specified class   2,489        

of parties connected to that owner for a price less than the       2,490        

amount so described, and if the parcel is still owned by that                   

owner or a member of the specified class of parties connected to   2,491        

that owner, the auditor within thirty days after such discovery    2,492        

shall add the difference between that amount and the sale price    2,493        

to the amount of taxes that then stand charged against the parcel  2,494        

and is payable at the next succeeding date for payment of real     2,495        

property taxes.  As used in this paragraph, "immediate family"                  

means a spouse who resides in the same household and children.     2,496        

                                                          60     


                                                                 
      (B)  Each parcel affected by the court's finding shall be    2,498        

separately sold, unless the court orders any of such parcels to    2,499        

be sold together.                                                  2,500        

      Each parcel shall be advertised and sold by the officer to   2,502        

whom the order of sale is directed in the manner provided by law   2,503        

for the sale of real property on execution.  The advertisement     2,504        

for sale of each parcel shall be published once a week for three   2,505        

consecutive weeks and shall include the date on which a second     2,506        

sale will be conducted if no bid is accepted at the first sale.    2,507        

Any number of parcels may be included in one advertisement.        2,508        

      The notice of the advertisement shall be substantially in    2,510        

the form of the notice set forth in section 5721.191 of the        2,511        

Revised Code.  In any county that has adopted a permanent parcel   2,512        

number system, the parcel may be described in the notice by        2,513        

parcel number only, instead of also with a complete legal          2,514        

description, if the prosecuting attorney determines that the       2,515        

publication of the complete legal description is not necessary to  2,516        

provide reasonable notice of the foreclosure sale to potential     2,517        

bidders.  If the complete legal description is not published, the  2,518        

notice shall indicate where the complete legal description may be  2,519        

obtained.                                                          2,520        

      (C)(1)  Whenever the officer charged to conduct the sale     2,522        

offers any parcel for sale and no bids are made equal to the       2,523        

lesser of the amounts described in divisions (A)(1) and (2) of     2,524        

this section, he THE OFFICER shall adjourn the sale of the parcel  2,526        

to the second date that was specified in the advertisement of      2,527        

sale.  The second date shall be not less than two weeks or more    2,528        

than six weeks from the day on which the parcel was first offered  2,529        

for sale.  The second sale shall be held at the same place and     2,530        

commence at the same time as set forth in the advertisement of     2,531        

sale.  The officer shall offer any parcel not sold at the first    2,532        

sale.  Upon the conclusion of any sale, or if any parcel remains   2,533        

unsold after being offered at two sales, the officer conducting    2,534        

the sale shall report the results to the court.                    2,535        

                                                          61     


                                                                 
      (2)(a)  If a parcel remains unsold after being offered at    2,537        

two sales, or if a parcel sells at any sale but the amount of the  2,538        

price is less than the costs incurred in the proceeding            2,539        

instituted against the parcel under section 5721.18 of the         2,540        

Revised Code, then the clerk of the court shall certify to the     2,541        

county auditor the amount of those costs that remains unpaid.  At  2,542        

the next semiannual apportionment of real property taxes that      2,543        

occurs following any such certification, the auditor shall reduce  2,544        

the real property taxes that he THE AUDITOR otherwise would        2,545        

distribute to each taxing district.  In making the reductions,     2,547        

the auditor shall subtract from the otherwise distributable real   2,548        

property taxes to a taxing district an amount that shall be        2,549        

determined by multiplying the certified costs by a fraction the    2,550        

numerator of which shall be the amount of the taxes, assessments,  2,551        

charges, penalties, and interest on the parcel owed to that        2,552        

taxing district at the time the parcel first was offered for sale  2,553        

pursuant to this section, and the denominator of which shall be    2,554        

the total of the taxes, assessments, charges, penalties, and       2,555        

interest on the parcel owed to all the taxing districts at that    2,556        

time.  The auditor promptly shall pay to the clerk of the court    2,557        

the amounts of the reductions.                                     2,558        

      (b)  If reductions occur pursuant to division (C)(2)(a) of   2,560        

this section, and if at a subsequent time a parcel is sold at a    2,561        

foreclosure sale or a forfeiture sale pursuant to Chapter 5723.    2,562        

of the Revised Code, then, notwithstanding other provisions of     2,563        

the Revised Code, except section 5721.17 of the Revised Code,      2,564        

governing the distribution of the proceeds of a foreclosure or     2,565        

forfeiture sale, the proceeds first shall be distributed to        2,566        

reimburse the taxing districts subjected to reductions in their    2,567        

otherwise distributable real property taxes. The distributions     2,568        

shall be based on the same proportions used for purposes of        2,569        

division (C)(2)(a) of this section.                                2,570        

      (3)  The court, in its discretion, may order any parcel not  2,572        

sold pursuant to the original order of sale to be advertised and   2,573        

                                                          62     


                                                                 
offered for sale at a subsequent foreclosure sale.  For such       2,574        

purpose, the court may direct the parcel to be appraised and fix   2,575        

a minimum price for which it may be sold.                          2,576        

      (D)  Except as otherwise provided in division (B)(1) of      2,578        

section 5721.17 of the Revised Code, upon the confirmation of a    2,579        

sale, the proceeds of the sale shall be applied as follows:        2,580        

      (1)  The costs incurred in any proceeding filed against the  2,582        

parcel pursuant to section 5721.18 of the Revised Code shall be    2,583        

paid first.                                                        2,584        

      (2)  Following the payment required by division (D)(1) of    2,586        

this section, the part of the proceeds that is equal to five per   2,587        

cent of the taxes and assessments due shall be deposited in the    2,588        

delinquent tax and assessment collection fund created pursuant to  2,589        

section 321.261 of the Revised Code.                               2,590        

      (3)  Following the payment required by division (D)(2) of    2,592        

this section, the amount found due for taxes, assessments,         2,593        

charges, penalties, and interest shall be paid, including all      2,594        

taxes, assessments, charges, penalties, and interest payable       2,595        

subsequent to the delivery to the county prosecuting attorney of   2,596        

the delinquent land tax certificate or master list of delinquent   2,597        

tracts and prior to the transfer of the deed of the parcel to the  2,598        

purchaser following confirmation of sale.  If the proceeds         2,599        

available for distribution pursuant to division (D)(3) of this     2,600        

section are insufficient to pay the entire amount of those taxes,  2,601        

assessments, charges, penalties, and interest, the proceeds shall  2,602        

be paid to each claimant in proportion to the amount of those      2,603        

taxes, assessments, charges, penalties, and interest that each is  2,604        

due.                                                               2,605        

      (E)  If the proceeds from the sale of a parcel are           2,607        

insufficient to pay in full the amount of the taxes, assessments,  2,608        

charges, penalties, and interest which are due and unpaid; the     2,609        

costs incurred in the foreclosure proceeding instituted against    2,610        

it which are due and unpaid; and, if division (B)(1) of section    2,611        

5721.17 of the Revised Code is applicable, any notes issued by a   2,612        

                                                          63     


                                                                 
receiver pursuant to division (F) of section 3767.41 of the        2,613        

Revised Code and any receiver's lien as defined in division        2,614        

(C)(4) of section 5721.18 of the Revised Code, the court,          2,615        

pursuant to section 5721.192 of the Revised Code, may enter a      2,616        

deficiency judgment against the owner of record of the parcel for  2,617        

the unpaid amount.  If that owner of record is a corporation, the  2,618        

court may enter the deficiency judgment against the stockholder    2,619        

holding a majority of that corporation's stock.                    2,620        

      If after distribution of proceeds from the sale of the       2,622        

parcel under division (D) of this section the amount of proceeds   2,623        

to be applied to pay the taxes, assessments, charges, penalties,   2,624        

interest, and costs is insufficient to pay them in full, and the   2,625        

court does not enter a deficiency judgment against the owner of    2,626        

record pursuant to this division, the taxes, assessments,          2,627        

charges, penalties, interest, and costs shall be deemed            2,628        

satisfied.                                                         2,629        

      (F)(1)  Upon confirmation of a sale, a spouse of the party   2,631        

charged with the delinquent taxes or assessments shall thereby be  2,632        

barred of the right of dower in the property sold, though such     2,633        

spouse was not a party to the action.  No statute of limitations   2,634        

shall apply to such action.  When the land or lots stand charged   2,635        

on the tax duplicate as certified delinquent, it is not necessary  2,636        

to make the state a party to the foreclosure proceeding, but the   2,637        

state shall be deemed a party to such action through and be        2,638        

represented by the county treasurer.                               2,639        

      (2)  Except as otherwise provided in divisions (F)(3) and    2,641        

(G) of this section, unless such land or lots were previously      2,642        

redeemed pursuant to section 5721.25 of the Revised Code, upon     2,643        

the filing of the entry of confirmation of sale, the title to      2,644        

such land or lots shall be incontestable in the purchaser and      2,645        

shall be free and clear of all liens and encumbrances, except a    2,646        

federal tax lien notice of which is properly filed in accordance   2,647        

with section 317.09 of the Revised Code prior to the date that a   2,648        

foreclosure proceeding is instituted pursuant to division (B) of   2,649        

                                                          64     


                                                                 
section 5721.18 of the Revised Code and the easements and          2,650        

covenants of record running with the land or lots that were        2,651        

created prior to the time the taxes or assessments, for the        2,652        

nonpayment of which the land or lots are sold at foreclosure,      2,653        

became due and payable.                                            2,654        

      (3)  When proceedings for foreclosure are instituted under   2,656        

division (C) of section 5721.18 of the Revised Code, unless the    2,657        

land or lots were previously redeemed pursuant to section 5721.25  2,658        

of the Revised Code, upon the filing of the entry of confirmation  2,659        

of sale, the title to such land or lots shall be incontestable in  2,660        

the purchaser and shall be free of any receiver's lien as defined  2,661        

in division (C)(4) of section 5721.18 of the Revised Code and,     2,662        

except as otherwise provided in division (G) of this section, the  2,663        

liens for land taxes, assessments, charges, interest, and          2,664        

penalties for which the lien was foreclosed and in satisfaction    2,665        

of which the property was sold.  All other liens and encumbrances  2,666        

with respect to the land or lots shall survive the sale.           2,667        

      (4)  The title shall not be invalid because of any           2,669        

irregularity, informality, or omission of any proceedings under    2,670        

this chapter, or in any processes of taxation, if such             2,671        

irregularity, informality, or omission does not abrogate the       2,672        

provision for notice to holders of title, lien, or mortgage to,    2,673        

or other interests in, such foreclosed lands or lots, as           2,674        

prescribed in this chapter.                                        2,675        

      (G)  If a parcel is sold under this section for the amount   2,677        

described in division (A)(2) of this section, and the county       2,678        

treasurer's estimate exceeds the amount of taxes, assessments,     2,679        

interest, penalties, and costs actually payable when the deed is   2,680        

transferred to the purchaser, the officer who conducted the sale   2,681        

shall refund to the purchaser the difference between the estimate  2,682        

and the amount actually payable.  If the amount of taxes,          2,683        

assessments, interest, penalties, and costs actually payable when  2,684        

the deed is transferred to the purchaser exceeds the county        2,685        

treasurer's estimate, the officer shall certify the amount of the  2,686        

                                                          65     


                                                                 
excess to the treasurer, who shall enter that amount on the real   2,687        

and public utility property tax duplicate opposite the property;   2,688        

the amount of the excess shall be payable at the next succeeding   2,689        

date prescribed for payment of taxes in section 323.12 of the      2,690        

Revised Code.                                                      2,691        

      (H)  IF A PARCEL IS SOLD UNDER THIS SECTION, THE OFFICER     2,693        

WHO CONDUCTED THE SALE SHALL COLLECT THE RECORDING FEE FROM THE    2,694        

PURCHASER AT THE TIME OF THE SALE AND, FOLLOWING CONFIRMATION OF   2,695        

THE SALE, SHALL PREPARE AND RECORD THE DEED CONVEYING TITLE TO     2,696        

THE PARCEL TO THE PURCHASER.                                                    

      Sec. 5721.25.  All delinquent land upon which the taxes,     2,705        

assessments, penalties, interest, or charges have become           2,706        

delinquent may be redeemed before foreclosure proceedings have     2,707        

been instituted OR, IF PROCEEDINGS HAVE BEEN INSTITUTED, BEFORE    2,708        

THE FILING OF AN ENTRY OF CONFIRMATION OF SALE PURSUANT TO SUCH    2,709        

PROCEEDINGS, by tendering to the county treasurer an amount        2,710        

sufficient to pay the taxes, assessments, penalties, interest,     2,711        

and charges then due and unpaid and the costs incurred in any      2,712        

proceeding instituted against such parcel LAND under section       2,713        

5721.18 of the Revised Code as determined by the court.            2,715        

      After the institution of a foreclosure proceeding against    2,717        

such delinquent land and at any time prior to the filing of an     2,718        

entry of confirmation of sale pursuant to such proceeding,         2,719        

delinquent land may be redeemed by tendering to the county         2,720        

treasurer the amount of taxes, assessments, penalties, interest,   2,721        

and charges then due and unpaid, together with those costs of      2,722        

such proceeding allocable to such land as determined by the        2,723        

court.                                                             2,724        

      After a PROCEEDING HAS BEEN INSTITUTED BUT BEFORE A          2,726        

judgment of foreclosure has been rendered with respect to          2,728        

delinquent land but prior to the time such land is first offered   2,729        

for sale pursuant to section 5721.18 of the Revised Code, any      2,730        

person entitled to redeem the land who has not previously                       

defaulted on a written undertaking DELINQUENT TAX CONTRACT UNDER   2,731        

                                                          66     


                                                                 
SECTION 323.31 OF THE REVISED CODE WITH RESPECT TO THAT            2,732        

DELINQUENT LAND may pay the costs of such proceeding allocable to  2,735        

such land as determined by the court and enter into a written      2,736        

undertaking DELINQUENT TAX CONTRACT with the county treasurer for  2,738        

the payment of the taxes, assessments, penalties, interest, and    2,739        

charges found to be due and unpaid on such land by the judgment    2,740        

of foreclosure, TOGETHER WITH THE COSTS INCURRED IN THE                         

PROCEEDING AS DETERMINED BY THE COURT.  THE EXECUTION OF A         2,741        

DELINQUENT TAX CONTRACT SHALL NOT STOP THE PROSECUTION OF A        2,742        

PROCEEDING TO JUDGMENT.  The undertaking DELINQUENT TAX CONTRACT   2,743        

shall be paid as prescribed by section 323.31 of the Revised Code  2,746        

over a period not to exceed five years beginning on the earliest   2,748        

date delinquent taxes that are the subject of the undertaking      2,749        

were included in a certification under section 5721.011 of the     2,750        

Revised Code; however, a person entering into an undertaking who   2,751        

owns and occupies residential real property may request, and the   2,752        

county treasurer shall allow, an undertaking providing for         2,753        

payment in installments over a period of no fewer than two years                

beginning on that date AFTER THE DATE OF THE FIRST PAYMENT MADE    2,754        

UNDER THE CONTRACT.  The court shall retain jurisdiction over the  2,756        

delinquent land until the total amount set forth in the written    2,757        

undertaking DELINQUENT TAX CONTRACT is paid, notwithstanding any   2,759        

conveyance of the land to another owner during the period that     2,760        

the written undertaking DELINQUENT TAX CONTRACT is outstanding.    2,761        

      If any installment payment of UNDER a written undertaking    2,764        

DELINQUENT TAX CONTRACT is not paid when due, the county           2,765        

treasurer shall, at the time the payment is due and unpaid,        2,766        

advise the court rendering the judgment of foreclosure, and the    2,767        

court shall order such land sold for the amount of taxes,          2,768        

assessments, penalties, interest, and charges then due and owing   2,769        

on such land in the manner provided in section 5721.19 of the      2,770        

Revised Code.                                                                   

      Upon the payment RECEIPT of each installment PAYMENT         2,773        

pursuant to any written undertaking DELINQUENT TAX CONTRACT, the   2,774        

                                                          67     


                                                                 
county treasurer shall enter the amount of such payment on the     2,777        

tax duplicate, crediting it to the items of taxes, assessments,    2,778        

penalties, interest, and charges in the order in which such items  2,779        

became due.  The UPON REQUEST, THE county treasurer shall give a   2,781        

receipt for the amount paid to the person paying it, in the form   2,782        

prescribed by the tax commissioner.  Such receipt shall show the   2,783        

application of the payment made and the amount of delinquent       2,784        

taxes, assessments, penalties, interest, and charges remaining     2,785        

unpaid.                                                                         

      Sec. 5721.30.  As used in sections 5721.30 to 5721.41        2,794        

5721.42 of the Revised Code:                                       2,795        

      (A)  "Tax certificate," "certificate," or "duplicate         2,797        

certificate" means a document which may be issued as a physical    2,798        

certificate, in book-entry form, or through an electronic medium,  2,799        

at the discretion of the county treasurer.  Such document shall    2,800        

contain the information required by section 5721.31 of the         2,802        

Revised Code and shall be prepared, transferred, or redeemed in                 

the manner prescribed by sections 5721.30 to 5721.41 of the        2,805        

Revised Code.  As used in those sections, "tax certificate,"       2,806        

"certificate," and "duplicate certificate" do not refer to the     2,808        

delinquent land tax certificate or the delinquent vacant land tax               

certificate issued under section 5721.13 of the Revised Code.      2,809        

      (B)  "Certificate parcel" means the parcel of delinquent     2,811        

land that is the subject of and is described in a tax              2,813        

certificate.                                                                    

      (C)  "Certificate holder" means a person who purchases a     2,815        

tax certificate under section 5721.32 or 5721.33 of the Revised    2,817        

Code, or a person to whom a tax certificate has been transferred   2,819        

pursuant to section 5721.36 of the Revised Code.                                

      (D)  "Certificate purchase price" means, with respect to     2,821        

the sale of tax certificates under sections 5721.32 and 5721.33    2,822        

of the Revised Code, the amount equal to delinquent taxes,         2,825        

assessments, penalties, and interest computed under section        2,827        

323.121 of the Revised Code charged against a certificate parcel   2,828        

                                                          68     


                                                                 
at the time the tax certificate respecting that parcel is sold,    2,829        

not including any delinquent taxes, assessments, penalties,                     

interest, and charges, the lien for which has been conveyed to a   2,830        

certificate holder through a prior sale of a tax certificate       2,831        

respecting that parcel; provided, however, that payment of the     2,832        

certificate purchase price in a sale under section 5721.33 of the  2,833        

Revised Code may be made wholly in cash or partially in cash and   2,835        

partially by noncash consideration acceptable to the county                     

treasurer from the purchaser.  In the event that any such noncash  2,836        

consideration is delivered to pay a portion of the certificate     2,837        

purchase price, such noncash consideration may be subordinate to   2,838        

the rights of the holders of other obligations whose proceeds      2,839        

paid the cash portion of the certificate purchase price.           2,840        

      "Certificate purchase price" also includes the amount of     2,842        

the fee charged by the county treasurer to the purchaser of the    2,844        

certificate under division (H) of section 5721.32 of the Revised   2,845        

Code.                                                                           

      (E)  With respect to a sale of tax certificates under        2,847        

section 5721.32 of the Revised Code and except as provided in      2,848        

division (E)(3) of this section, "certificate redemption price"    2,849        

means the amount determined under division (E)(1) or (2) of this   2,850        

section.                                                                        

      (1)  During the first year after the date on which a tax     2,852        

certificate is sold, the sum of the following:                     2,853        

      (a)  The certificate purchase price;                         2,855        

      (b)  The greater of the following:                           2,857        

      (i)  Interest, at the certificate rate of interest,          2,860        

accruing during the certificate interest period on the             2,861        

certificate purchase price;                                                     

      (ii)  Six per cent of the certificate purchase price.        2,864        

      (c)  The fee charged by the county treasurer to the          2,867        

purchaser of the certificate under division (H) of section         2,868        

5721.32 of the Revised Code.                                       2,869        

      (2)  After the first year after the date on which a tax      2,871        

                                                          69     


                                                                 
certificate is sold, the sum of the following:                     2,872        

      (a)(i)  If division (E)(1)(b)(i) applied during the first    2,876        

year, the certificate purchase price;                              2,877        

      (ii)  If division (E)(1)(b)(ii) applied during the first     2,880        

year, the sum of the certificate purchase price plus six per cent  2,881        

of the certificate purchase price.                                 2,882        

      (b)(i)  If division (E)(1)(b)(i) applied during the first    2,886        

year, interest at the certificate rate of interest accruing        2,887        

during the certificate interest period on the certificate          2,888        

purchase price;                                                                 

      (ii)  If division (E)(1)(b)(ii) applied during the first     2,891        

year, interest at the certificate rate of interest, accruing       2,892        

during the part of the certificate interest period that begins     2,893        

one year after the date of the sale of the certificate, on the     2,894        

sum of the certificate purchase price plus six per cent of the     2,895        

certificate purchase price.                                                     

      (c)  The fee charged by the county treasurer to the          2,898        

purchaser of the certificate under division (H) of section         2,899        

5721.32 of the Revised Code.                                                    

      (3)  If the certificate rate of interest equals zero, the    2,901        

certificate redemption price equals the certificate purchase       2,903        

price plus the fee charged by the county treasurer to the                       

purchaser of the certificate under division (H) of section         2,904        

5721.32 of the Revised Code.                                                    

      (F)  With respect to a sale of tax certificates under        2,906        

section 5721.33 of the Revised Code, "certificate redemption       2,908        

price" means the amount equal to the sum of the following:         2,909        

      (1)  The certificate purchase price;                         2,911        

      (2)  Interest accrued on the certificate purchase price at   2,913        

the certificate rate of interest from the date on which a tax      2,914        

certificate is delivered through and including the day             2,915        

immediately preceding the day on which the certificate redemption  2,916        

price is paid;                                                                  

      (3)  The fee, if any, charged by the county treasurer to     2,918        

                                                          70     


                                                                 
the purchaser of the certificate under division (J) of section     2,919        

5721.33 of the Revised Code;                                                    

      (4)  Any other fees charged by any county office in          2,921        

connection with the recording of tax certificates.                 2,922        

      (G)  "Certificate rate of interest" means the rate of        2,924        

simple interest per year bid by the winning bidder in an auction   2,925        

of a tax certificate held under section 5721.32 of the Revised     2,926        

Code, or the rate of simple interest per year not to exceed        2,927        

eighteen per cent per year fixed by the county treasurer with                   

respect to any tax certificate sold pursuant to a negotiated sale  2,929        

under section 5721.33 of the Revised Code.                         2,930        

      (H)  "Cash" means United States currency, certified checks,  2,933        

money orders, bank drafts, or electronic transfer of funds, and    2,934        

excludes any other form of payment.                                             

      (I)  "The date on which a tax certificate is sold," "the     2,936        

date the certificate was sold," "the date the certificate is       2,937        

purchased," and any other phrase of similar content mean, with     2,938        

respect to a sale pursuant to an auction under section 5721.32 of  2,939        

the Revised Code, the date designated by the county treasurer for               

the submission of bids and, with respect to a negotiated sale      2,940        

under section 5721.33 of the Revised Code, the date of delivery    2,941        

of the tax certificates to the purchasers thereof pursuant to a    2,942        

tax certificate sale/purchase agreement.                                        

      (J)  "Purchaser of a tax certificate pursuant to section     2,944        

5721.32 of the Revised Code" means the winning bidder in an        2,945        

auction of a tax certificate held under section 5721.32 of the     2,946        

Revised Code.                                                                   

      (K)  "Certificate interest period" means, with respect to a  2,948        

tax certificate sold under section 5721.32 of the Revised Code,    2,949        

the period beginning on the date the certificate is purchased      2,951        

and, with respect to a tax certificate sold under section 5721.33  2,952        

of the Revised Code, the period beginning on the date of delivery  2,953        

of the tax certificate, and in either case ending on one of the    2,954        

following dates:                                                                

                                                          71     


                                                                 
      (1)  In the case of foreclosure proceedings instituted       2,956        

under section 5721.37 of the Revised Code, the date the            2,958        

certificate holder submits a payment to the treasurer under        2,959        

division (B) of that section;                                                   

      (2)  In the case of a certificate parcel redeemed under      2,962        

division (A) or (C) of section 5721.38 of the Revised Code, the    2,963        

date the owner of record of the certificate parcel, or any other   2,964        

person entitled to redeem that parcel, pays to the county          2,965        

treasurer or to the certificate holder, as applicable, the full    2,966        

amount determined under that section.                              2,967        

      (L)  "County treasurer" means, with respect to the sale of   2,969        

tax certificates under section 5721.32 of the Revised Code, the    2,970        

county treasurer of a county having a population of at least two   2,971        

hundred thousand according to the then most recent federal         2,972        

decennial census and, with respect to the sale of tax                           

certificates under section 5721.33 of the Revised Code, the        2,973        

county treasurer of a county having a population of at least one   2,974        

million four hundred thousand according to the then most recent    2,976        

federal decennial census.                                                       

      (M)  "Qualified trustee" means a trust company within the    2,978        

state or a bank having the power of a trust company within the     2,979        

state with a combined capital stock, surplus, and undivided        2,980        

profits of at least one hundred million dollars.                   2,981        

      (N)  "Tax certificate sale/purchase agreement" means the     2,983        

purchase and sale agreement described in division (C) of section   2,984        

5721.33 of the Revised Code setting forth the certificate          2,985        

purchase price, plus any applicable premium or less any            2,986        

applicable discount, including, without limitation, the amount                  

thereof to be paid in cash and the amount and nature of any        2,987        

noncash consideration, the date of delivery of the tax             2,988        

certificates, and the other terms and conditions of the sale,      2,989        

including, without limitation, the rate of interest that the tax   2,990        

certificates shall bear.                                                        

      (O)  "Noncash consideration" means any form of               2,992        

                                                          72     


                                                                 
consideration other than cash, including, but not limited to,      2,993        

promissory notes whether subordinate or otherwise.                 2,994        

      (P)  "Private attorney" means for purposes of section        2,996        

5721.37 of the Revised Code, any attorney licensed to practice     2,997        

law in this state, whether practicing with a firm of attorneys or  2,998        

otherwise, whose license has not been revoked or otherwise         2,999        

suspended and who brings foreclosure proceedings pursuant to                    

section 5721.37 of the Revised Code on behalf of a certificate     3,000        

holder.                                                                         

      (Q)  "Related certificate parcel" means, with respect to a   3,002        

certificate holder, the certificate parcel with respect to which   3,003        

the certificate holder has purchased and holds a tax certificate   3,004        

pursuant to sections 5721.30 to 5721.41 of the Revised Code and,   3,005        

with respect to a tax certificate, the certificate parcel against  3,006        

which the tax certificate has been sold pursuant to those          3,007        

sections.                                                                       

      Sec. 5721.31.  (A)  After receipt of a duplicate of the      3,016        

delinquent land list compiled under section 5721.011 of the        3,017        

Revised Code, or a delinquent land list compiled previously under  3,018        

that section, for a county having a population of at least two     3,019        

hundred thousand according to the most recent federal decennial    3,020        

census, the county treasurer may select from the list parcels of   3,021        

delinquent land the lien against which the county treasurer may    3,022        

attempt to transfer by the sale of tax certificates under          3,023        

sections 5721.30 to 5721.41 of the Revised Code.  The county       3,024        

treasurer may select only those eligible parcels for which taxes,  3,025        

assessments, penalties, interest, and charges have not yet been    3,026        

paid or for which a valid undertaking DELINQUENT TAX CONTRACT      3,027        

under section 323.31 of the Revised Code is not in force.  Each    3,029        

certificate shall contain the same information as is required to   3,030        

be contained in the delinquent land list.  The county treasurer    3,031        

shall compile a separate list, the list of parcels selected for    3,032        

tax certificate sales, including the same information as is        3,033        

required to be included in the delinquent land list.               3,034        

                                                          73     


                                                                 
      Upon compiling the list of parcels selected for tax          3,036        

certificate sales, the county treasurer may conduct a title        3,037        

search for any parcel on the list.                                 3,038        

      (B)(1)  When tax certificates are to be sold under section   3,040        

5721.32 of the Revised Code with respect to parcels, the county    3,041        

treasurer shall send written notice by certified or registered     3,043        

mail to either the owner OF RECORD or all interested parties       3,045        

DISCOVERABLE THROUGH A TITLE SEARCH, or both, of each parcel on                 

the list.  A NOTICE TO AN OWNER SHALL BE SENT TO THE OWNER'S LAST  3,047        

KNOWN TAX MAILING ADDRESS.  The notice shall inform the owner or   3,048        

interested parties that a tax certificate will be offered for      3,051        

sale on the parcel, and that the owner or interested parties may   3,052        

incur additional expenses as a result of the sale.                 3,053        

      (2)  When tax certificates are to be sold under section      3,055        

5721.33 of the Revised Code with respect to parcels, the county    3,056        

treasurer, at least ninety SIXTY days prior to the date of sale    3,058        

of such tax certificates, shall send written notice of the sale                 

by certified or registered mail, or both, to the last known        3,059        

TAX-MAILING address of the record owner of the property or parcel  3,061        

and to all parties with an interest in the property that has been  3,062        

recorded in the property records of the county pursuant to         3,063        

section 317.08 of the Revised Code, the notice shall state that a               

tax certificate will be offered for sale on the parcel, and that   3,065        

the owner or interested parties may incur additional expenses as   3,066        

a result of the sale.                                                           

      (C)  The county treasurer shall advertise the sale of tax    3,069        

certificates under section 5721.32 of the Revised Code in a                     

manner or medium determined by the county treasurer, in the        3,072        

county treasurer's discretion, to give reasonable notice to        3,073        

parties interested in the purchase of tax certificates.  The       3,075        

county treasurer shall advertise the sale of tax certificates in                

a newspaper of general circulation in the county, once a week for  3,076        

three TWO consecutive weeks.  The advertisement shall include the  3,078        

date, the time, and the place of the public auction, descriptions  3,079        

                                                          74     


                                                                 
of the parcels, and the names of the owners of record of the       3,080        

parcels.                                                                        

      (D)  After the county treasurer has compiled the list of     3,082        

parcels selected for tax certificate sales but before a tax        3,083        

certificate respecting a parcel is sold, if the owner of record    3,084        

of the parcel pays to the county treasurer in cash the full        3,085        

amount of delinquent taxes, assessments, penalties, interest, and  3,086        

charges then due and payable or enters into a valid undertaking    3,087        

DELINQUENT TAX CONTRACT under section 323.31 of the Revised Code   3,088        

to pay that amount, the owner of record of the parcel also shall   3,089        

pay a fee in an amount prescribed by the treasurer to cover the    3,090        

administrative costs of the treasurer under this section           3,091        

respecting the parcel and credited to the tax certificate          3,092        

administration fund.                                                            

      (E)  A tax certificate administration fund shall be created  3,095        

in the county treasury of each county selling tax certificates     3,096        

under sections 5721.30 to 5721.41 of the Revised Code.  The fund   3,098        

shall be administered by the county treasurer, and used solely     3,099        

for the purposes of sections 5721.30 to 5721.41 of the Revised     3,101        

Code.  Any fee received by the treasurer under sections 5721.30    3,103        

to 5721.41 of the Revised Code shall be credited to the fund,      3,106        

except the bidder registration fee under division (B) of section   3,107        

5721.32 of the Revised Code and the county prosecuting attorney's  3,110        

fee under division (B)(3) of section 5721.37 of the Revised Code.  3,113        

      (F)  The county treasurers of more than one county may       3,116        

jointly conduct a regional sale of tax certificates under section  3,117        

5721.32 of the Revised Code.  A regional sale shall be held at a   3,119        

single location in one county, where the tax certificates from     3,120        

each of the participating counties shall be offered for sale at    3,121        

public auction.  Before the regional sale, each county treasurer   3,122        

shall advertise the sale for the parcels in the treasurer's        3,123        

county as required by division (C) of this section.  At the        3,124        

regional sale, tax certificates shall be sold on parcels from one  3,126        

county at a time, with all of the certificates for one county      3,127        

                                                          75     


                                                                 
offered for sale before any certificates for the next county are   3,128        

offered for sale.                                                               

      (G)  The tax commissioner shall prescribe the form of the    3,131        

tax certificate under this section, and county treasurers shall    3,132        

use the form prescribed by the commissioner.                       3,133        

      Sec. 5721.32.  (A)  The sale of tax certificates by public   3,142        

auction may be conducted at any time after completion of the       3,143        

advertising of the sale under section 5721.31 of the Revised       3,145        

Code, on the date and at the time and place designated in the      3,147        

advertisements, and may be continued from time to time as the                   

county treasurer directs.  The county treasurer may offer the tax  3,148        

certificates for sale in blocks of tax certificates, consisting    3,149        

of any number of tax certificates as determined by the county      3,150        

treasurer.                                                                      

      (B)(1)  The sale of tax certificates under this section      3,152        

shall be conducted at a public auction by the county treasurer or  3,154        

a designee of the county treasurer.                                3,155        

      (2)  No person shall be permitted to bid without completing  3,158        

a bidder registration form, in the form prescribed by the tax      3,159        

commissioner, and filing the form with the county treasurer prior  3,160        

to the start of the auction, together with remittance of a         3,161        

registration fee, in cash, of five hundred dollars.  The bidder    3,162        

registration form shall include a tax identification number of     3,163        

the registrant.  The registration fee is refundable at the end of               

bidding on the day of the auction, unless the registrant is the    3,164        

winning bidder for one or more tax certificates or one or more     3,165        

blocks of tax certificates, in which case the fee may be applied   3,167        

toward the deposit required by this section.                       3,168        

      (C)  At the auction, the county treasurer or the             3,170        

treasurer's designee or agent shall begin the bidding at eighteen  3,172        

per cent per year simple interest, and accept lower bids in even   3,173        

increments of one-fourth of one per cent to the rate of zero per   3,174        

cent.  The county treasurer, designee, or agent shall award the    3,175        

tax certificate to the person bidding the lowest certificate rate  3,176        

                                                          76     


                                                                 
of interest.                                                                    

      (D)  The winning bidder shall pay the county treasurer a     3,178        

cash deposit of at least ten per cent of the certificate purchase  3,179        

price not later than the close of business on the day of the       3,180        

sale.  The winning bidder shall pay the balance and the fee        3,182        

required under division (H) of this section not later than five    3,184        

business days after the day on which the certificate is sold.  If  3,185        

the winning bidder fails to pay the balance and fee within the                  

prescribed time, the bidder forfeits the deposit, and the county   3,186        

treasurer shall retain the tax certificate and may attempt to      3,187        

sell it at any auction conducted at a later date.  The county      3,188        

treasurer shall deposit the forfeited deposit in the county        3,189        

treasury to the credit of the tax certificate administration       3,190        

fund.                                                                           

      (E)  Upon receipt of the full payment of the certificate     3,193        

purchase price from the purchaser, the county treasurer shall      3,194        

issue the tax certificate and record the tax certificate sale by   3,195        

marking on the tax certificate and into a tax certificate          3,196        

register, the certificate purchase price, the certificate rate of  3,197        

interest, the date the certificate was sold, and the name and      3,198        

address of the certificate holder, which may be, upon receipt of   3,199        

instructions from the purchaser, the secured party of the actual   3,200        

purchaser, or an agent or custodian for the purchaser or secured   3,201        

party.  The county treasurer also shall transfer the tax           3,202        

certificate to the certificate holder and, upon presentation to    3,203        

the treasurer of instructions signed by the certificate            3,204        

purchaser, shall record in the tax certificate register the name   3,205        

and address of any secured party of the certificate purchaser      3,206        

having a security interest in the tax certificate.  Upon the                    

transfer of a tax certificate, the county treasurer shall credit   3,208        

the proceeds from the sale to the items of taxes, assessments,     3,211        

penalties, interest, and charges in the order in which those       3,212        

items became due.  Upon completion of the sale of a tax            3,213        

certificate, the delinquent taxes, assessments, penalties, and                  

                                                          77     


                                                                 
interest that make up the certificate purchase price are           3,214        

transferred, and the superior lien of the state and its taxing     3,215        

districts for those taxes, assessments, penalties, and interest    3,216        

is conveyed intact to the certificate holder.                      3,217        

      (F)  If a tax certificate is offered for sale under this     3,219        

section but is not sold, the county treasurer may strike the       3,220        

corresponding certificate parcel from the list of parcels          3,221        

selected for tax certificate sales.  The lien for taxes,           3,222        

assessments, charges, penalties, and interest against a parcel     3,223        

stricken from the list thereafter may be foreclosed in the manner  3,224        

prescribed by section 323.25, 5721.14, or 5721.18 of the Revised   3,225        

Code unless, prior to the institution of such proceedings against  3,227        

the parcel, the county treasurer restores the parcel to the list   3,228        

of parcels selected for tax certificate sales.                                  

      (G)  A certificate holder shall not be liable for damages    3,231        

arising from a violation of sections 3737.87 to 3737.891 or        3,232        

Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109.,    3,233        

or 6111. of the Revised Code, or a rule adopted or order, permit,               

license, variance, or plan approval issued under any of those      3,234        

chapters, that is or was committed by another person in            3,235        

connection with the parcel for which the tax certificate is held.  3,236        

      (H)  When selling a tax certificate under this section, the  3,239        

county treasurer shall charge a fee to the purchaser of the        3,240        

certificate.  The treasurer shall set the fee at a reasonable      3,241        

amount that covers the treasurer's costs of administering the      3,242        

sale of the tax certificate.  The treasurer shall deposit the fee  3,243        

in the county treasury to the credit of the tax certificate        3,244        

administration fund.                                                            

      (I)  After selling a tax certificate under this section,     3,247        

the county treasurer shall send written notice by certified or     3,248        

registered mail to the owner of the certificate parcel AT THE      3,250        

OWNER'S LAST KNOWN TAX-MAILING ADDRESS.  The notice shall inform   3,251        

the owner that the tax certificate was sold, shall describe the    3,252        

owner's options to redeem the parcel, including entering into a    3,253        

                                                          78     


                                                                 
redemption payment plan under division (C)(1) of section 5721.38   3,255        

of the Revised Code, and shall name the certificate holder and     3,257        

its secured party, if any.                                         3,258        

      (J)  A tax certificate shall not be sold to the owner of     3,260        

the certificate parcel.                                            3,261        

      Sec. 5721.34.  (A)  A county treasurer shall not sell any    3,271        

tax certificate respecting a parcel of delinquent land upon which  3,272        

the full amount of delinquent taxes, assessments, penalties,       3,273        

interest, charges, and costs then due and payable have been paid,  3,274        

or with respect to which a valid undertaking DELINQUENT TAX                     

CONTRACT under section 323.31 of the Revised Code to pay that      3,276        

amount has been entered into, prior to the sale of the             3,277        

certificate by the county treasurer.  A certificate sold in        3,279        

violation of this section is void.                                              

      (B)  If, within sixty days after the date of the sale of a   3,281        

tax certificate, the county treasurer discovers that the           3,282        

certificate is void under division (A) of this section, the        3,284        

holder of the void certificate is entitled to a refund of the      3,285        

certificate purchase price, plus any applicable premium and less   3,286        

any applicable discount, and the fee charged by the treasurer      3,287        

under division (H) of section 5721.32 or division (J) of section   3,288        

5721.33 of the Revised Code, as applicable.  If the county         3,289        

treasurer discovers after that sixty-day period SIXTY DAYS FROM    3,290        

THE DATE OF SALE that a tax certificate is void, the holder of     3,292        

the void certificate is entitled to a refund equal to the          3,293        

certificate purchase price, plus any applicable premium and less                

any applicable discount, and the treasurer's fee, plus interest    3,295        

on the certificate purchase price, plus any applicable premium     3,296        

and less any applicable discount, at the rate of five per cent     3,297        

per year.  The holder of a void certificate shall present the      3,298        

certificate to the county treasurer to obtain the refund, and the  3,299        

county auditor shall issue a warrant for the amount of the refund  3,300        

from the undivided tax fund.                                                    

      (C)  With respect to a tax certificate sold under section    3,302        

                                                          79     


                                                                 
5721.32 of the Revised Code and found to be void under division    3,303        

(A) of this section, in addition to the remedies available under   3,304        

division (B) of this section, the county treasurer may, with the   3,305        

approval of the certificate holder, substitute for such tax        3,306        

certificate or portion thereof another tax certificate that has a  3,307        

value equivalent to the value of the tax certificate found to be   3,308        

void.  Whenever a tax certificate of such equivalent value is to                

be substituted for a tax certificate that has been found to be     3,309        

void, the county treasurer shall provide written notice of the     3,310        

intention to substitute such tax certificate of equivalent value   3,311        

to any person required to be notified under division (K)(I) of     3,312        

section 5721.32 of the Revised Code.                                            

      (D)  IF AN APPLICATION FOR THE EXEMPTION FROM AND REMISSION  3,314        

OF TAXES MADE UNDER SECTION 3735.67 OR 5715.27 OF THE REVISED      3,316        

CODE, OR UNDER ANY OTHER SECTION OF THE REVISED CODE UNDER THE                  

JURISDICTION OF THE DIRECTOR OF ENVIRONMENTAL PROTECTION, IS       3,318        

GRANTED FOR A PARCEL FOR WHICH A TAX CERTIFICATE HAS BEEN SOLD,    3,320        

THE COUNTY TREASURER SHALL REFUND TO THE CERTIFICATE HOLDER, IN    3,321        

THE MANNER PROVIDED IN THIS SECTION, THE AMOUNT OF ANY TAXES       3,322        

EXEMPTED OR REMITTED THAT WERE INCLUDED IN THE CERTIFICATE         3,323        

PURCHASE PRICE.  IF THE WHOLE AMOUNT OF THE TAXES INCLUDED IN THE  3,324        

CERTIFICATE PURCHASE PRICE ARE EXEMPTED OR REMITTED, THE TAX       3,325        

CERTIFICATE IS VOID.  IF ALL OF THE TAXES THAT WERE INCLUDED IN    3,326        

THE CERTIFICATE PURCHASE PRICE ARE NOT EXEMPTED OR REMITTED, THE   3,327        

COUNTY TREASURER SHALL ADJUST THE TAX CERTIFICATE REGISTER TO      3,328        

REFLECT THE REMAINING AMOUNT OF TAXES THAT WERE NOT EXEMPTED OR    3,329        

REMITTED, AND NOTIFY THE CERTIFICATE HOLDER OF THE ADJUSTMENT IN   3,330        

WRITING.                                                                        

      Sec. 5721.36.  (A)(1)  Except as otherwise provided in       3,339        

division (A)(2) of this section, the purchaser of a tax            3,340        

certificate SOLD AS PART OF A BLOCK SALE pursuant to section       3,342        

5721.32 or OF THE REVISED CODE MAY TRANSFER THE CERTIFICATE TO     3,343        

ANY PERSON, AND ANY OTHER PURCHASER OF A TAX CERTIFICATE PURSUANT  3,344        

TO SECTION 5721.32 OR 5721.33 of the Revised Code may transfer     3,345        

                                                          80     


                                                                 
the certificate to any person, except the owner of the             3,348        

certificate parcel or any corporation, partnership, or                          

association in which such owner has an interest, and the.  THE     3,350        

transferee of a tax certificate subsequently may transfer the      3,351        

certificate to any other person, except the owner of the           3,352        

certificate parcel or any corporation, partnership, or             3,354        

association in which such owner has an interest TO WHOM THE        3,355        

PURCHASER COULD HAVE TRANSFERRED THE CERTIFICATE.  The transferor  3,357        

of a tax certificate shall endorse the certificate and shall       3,358        

swear to the endorsement before a notary public or other officer   3,359        

empowered to administer oaths.  The transferee shall present the   3,360        

endorsed certificate and a notarized copy of a valid form of       3,361        

identification showing the transferee's taxpayer identification    3,363        

number to the county treasurer that prepared and sold OF THE       3,364        

COUNTY WHERE the certificate IS REGISTERED, who shall, upon        3,366        

payment of a fee of twenty dollars to cover the costs associated   3,368        

with the transfer of a tax certificate, enter upon the register    3,369        

of certificate holders opposite the certificate entry the name     3,370        

and address of the transferee, the date of entry, and, upon        3,372        

presentation to the treasurer of instructions signed by the        3,373        

transferee, the name and address of any secured party of the       3,374        

transferee having an interest in the tax certificate.  The         3,375        

treasurer shall deposit the fee in the county treasury to the      3,376        

credit of the tax certificate administration fund.                 3,377        

      Except as otherwise provided in division (A)(2) of this      3,380        

section, no request for foreclosure or notice of intent to         3,381        

foreclose, as the case may be, shall be filed by any person other  3,382        

than the person shown on the register to be the certificate        3,383        

holder or a private attorney for that person properly authorized   3,384        

to act in that person's behalf.                                                 

      (2)  Upon registration of a security interest with the       3,386        

county treasurer as provided in section 5721.32 or 5721.33 of the  3,388        

Revised Code, both of the following apply:                         3,390        

      (a)  No purchaser or transferee of a tax certificate may     3,393        

                                                          81     


                                                                 
transfer that tax certificate except upon presentation to the      3,394        

treasurer of instructions signed by the secured party authorizing  3,395        

such action.                                                                    

      (b)  Only the secured party may issue a request for          3,398        

foreclosure or notice of intent to foreclose concerning that tax   3,399        

certificate.                                                                    

      (B)(1)  Application may be made to the county treasurer for  3,401        

a duplicate certificate if a certificate is alleged by affidavit   3,402        

to have been lost or destroyed.  The treasurer shall issue a       3,403        

duplicate certificate, upon payment of a fee of twenty dollars to  3,404        

cover the costs of issuing the duplicate certificate.  The         3,405        

treasurer shall deposit the fee in the county treasury to the      3,406        

credit of the tax certificate administration fund.                              

      (2)  The duplicate certificate shall be plainly marked or    3,408        

stamped "duplicate."                                               3,409        

      (3)  The treasurer shall enter the fact of the duplicate in  3,411        

the register of certificate holders.                               3,412        

      Sec. 5721.37.  (A)(1)  With respect to a tax certificate     3,421        

purchased under section 5721.32 of the Revised Code, OR SECTION    3,422        

5721.42 OF THE REVISED CODE IN COUNTIES TO WHICH SECTION 5721.32   3,423        

OF THE REVISED CODE APPLIES, at any time after one year from the   3,425        

date shown on the tax certificate as the date the tax certificate  3,426        

was sold, and not later than three years after that date, the      3,428        

certificate holder may file with the county treasurer a request    3,430        

for foreclosure on a form prescribed by the tax commissioner and   3,431        

provided by the county treasurer, provided the parcel has not yet  3,432        

been redeemed under division (A) or (C) of section 5721.38 of the  3,433        

Revised Code.                                                      3,434        

      (2)  With respect to a tax certificate purchased under       3,436        

section 5721.33 of the Revised Code, OR SECTION 5721.42 OF THE     3,437        

REVISED CODE IN COUNTIES TO WHICH SECTION 5721.33 OF THE REVISED   3,438        

CODE APPLIES, at any time after one year from the date shown on    3,439        

the tax certificate as the date the tax certificate was sold, and  3,441        

not later than three years after that date or any extension of     3,442        

                                                          82     


                                                                 
that date pursuant to division (C)(2) of section 5721.38 of the    3,444        

Revised Code, a private attorney on behalf of the certificate      3,445        

holder may file with the county treasurer a notice of intent to    3,446        

foreclose on a form prescribed by the tax commissioner and         3,447        

provided by the county treasurer, provided the parcel has not yet  3,448        

been redeemed under division (A) or (C) of section 5721.38 of the  3,449        

Revised Code.                                                                   

      (3)  IF, BEFORE THE EXPIRATION OF THREE YEARS FROM THE DATE  3,451        

A TAX CERTIFICATE WAS SOLD, THE OWNER OF PROPERTY FOR WHICH THE    3,452        

CERTIFICATE WAS SOLD FILES A PETITION IN BANKRUPTCY, THE COUNTY    3,454        

TREASURER SHALL NOTIFY THE CERTIFICATE HOLDER BY ORDINARY          3,455        

FIRST-CLASS OR CERTIFIED MAIL OF THE FILING OF THE PETITION, AND   3,456        

THE LAST DAY ON WHICH THE CERTIFICATE HOLDER MAY FILE A REQUEST    3,457        

FOR FORECLOSURE SHALL BE THE LATER OF THREE YEARS FROM THE DATE                 

THE CERTIFICATE WAS SOLD OR ONE HUNDRED EIGHTY DAYS AFTER THE      3,458        

BANKRUPTCY CASE IS CLOSED.                                         3,459        

      (4)  IF, BEFORE THE EXPIRATION OF THREE YEARS FROM THE DATE  3,461        

A TAX CERTIFICATE WAS SOLD, THE OWNER OF PROPERTY FOR WHICH THE    3,462        

CERTIFICATE WAS SOLD APPLIES FOR AN EXEMPTION UNDER SECTION        3,464        

3735.67 OR 5715.27 OF THE REVISED CODE OR UNDER ANY OTHER SECTION  3,466        

OF THE REVISED CODE UNDER THE JURISDICTION OF THE DIRECTOR OF      3,468        

ENVIRONMENTAL PROTECTION, THE COUNTY TREASURER SHALL NOTIFY THE    3,469        

CERTIFICATE HOLDER BY ORDINARY FIRST-CLASS OR CERTIFIED MAIL OF    3,470        

THE FILING OF THE APPLICATION.  ONCE A DETERMINATION HAS BEEN      3,471        

MADE ON THE EXEMPTION APPLICATION, THE COUNTY TREASURER SHALL      3,472        

NOTIFY THE CERTIFICATE HOLDER OF THE DETERMINATION BY ORDINARY     3,473        

FIRST-CLASS OR CERTIFIED MAIL.  THE LAST DAY ON WHICH THE          3,474        

CERTIFICATE HOLDER MAY FILE A REQUEST FOR FORECLOSURE SHALL BE     3,476        

THE LATER OF THREE YEARS FROM THE DATE THE CERTIFICATE WAS SOLD    3,477        

OR FORTY-FIVE DAYS AFTER NOTICE OF THE DETERMINATION WAS MAILED.   3,478        

      (B)  Along with a request filed under division (A)(1) of     3,480        

this section, or a notice of intent to foreclose filed under       3,481        

division (A)(2) of this section and prior to the transfer of       3,482        

title in connection with foreclosure proceedings filed under       3,483        

                                                          83     


                                                                 
division (F) of this section, the certificate holder shall submit  3,485        

a payment to the treasurer equal to the sum of the following:      3,486        

      (1)  The certificate redemption prices of any other prior    3,488        

ALL OUTSTANDING tax certificates that have been sold on the        3,489        

parcel, OTHER THAN TAX CERTIFICATES HELD BY THE PERSON REQUESTING  3,490        

FORECLOSURE;                                                                    

      (2)  Any prior delinquent taxes, assessments, penalties,     3,492        

interest, and charges that are charged against the certificate     3,493        

parcel that is the subject of the foreclosure proceedings and      3,494        

that are not covered by a tax certificate;                         3,495        

      (3)  If the foreclosure proceedings are filed by the county  3,497        

prosecuting attorney pursuant to section 323.25, 5721.14, or       3,498        

5721.18 of the Revised Code, a fee in the amount prescribed by     3,500        

the county prosecuting attorney to cover the prosecuting           3,501        

attorney's legal costs incurred in the foreclosure proceeding;     3,502        

      (4)  If the foreclosure proceedings are filed by a private   3,504        

attorney on behalf of the certificate holder pursuant to division  3,505        

(F) of this section, any other prior liens.                        3,506        

      (C)(1)  With respect to a certificate purchased under        3,508        

section 5721.32 of the Revised Code, if the certificate parcel     3,509        

has not been redeemed, the county treasurer, WITHIN FIVE DAYS      3,510        

AFTER RECEIVING A FORECLOSURE REQUEST, shall provide               3,511        

certification to INFORM the county prosecuting attorney that the   3,512        

parcel has not been redeemed and that the certificate holder has   3,514        

made a SHALL PROVIDE A COPY OF THE foreclosure request.  THE       3,516        

COUNTY TREASURER ALSO SHALL SEND NOTICE BY ORDINARY MAIL TO ALL    3,517        

CERTIFICATE HOLDERS OTHER THAN THE CERTIFICATE HOLDER REQUESTING   3,518        

FORECLOSURE THAT FORECLOSURE HAS BEEN REQUESTED BY A CERTIFICATE   3,519        

HOLDER AND THAT TAX CERTIFICATES FOR THE CERTIFICATE PARCEL MAY    3,520        

BE REDEEMED.  Within ninety days of receiving that certification   3,522        

THE COPY OF THE FORECLOSURE REQUEST, the prosecuting attorney      3,523        

shall commence a foreclosure proceeding in the name of the county  3,524        

treasurer in the manner provided under section 323.25, 5721.14,    3,525        

or 5721.18 of the Revised Code, to foreclose the lien vested in    3,526        

                                                          84     


                                                                 
the certificate holder by the certificate.  The prosecuting                     

attorney shall attach to the complaint the county treasurer's      3,527        

certification that the parcel has not been redeemed.               3,528        

      (2)  With respect to a certificate purchased under section   3,530        

5721.33 of the Revised Code, if the certificate parcel has not     3,532        

been redeemed, the county treasurer shall provide certification    3,533        

to the private attorney that the parcel has not been redeemed.     3,534        

THE COUNTY TREASURER ALSO SHALL SEND NOTICE BY ORDINARY MAIL TO    3,535        

ALL CERTIFICATE HOLDERS OTHER THAN THE CERTIFICATE HOLDER          3,536        

REPRESENTED BY THE ATTORNEY THAT A NOTICE OF INTENT TO FORECLOSE   3,537        

HAS BEEN FILED AND THAT TAX CERTIFICATES FOR THE CERTIFICATE       3,538        

PARCEL MAY BE REDEEMED.  After receipt of that certification, the  3,539        

private attorney may commence a foreclosure proceeding in the      3,540        

name of the certificate holder in the manner provided under        3,541        

division (F) of this section, to foreclose the lien vested in the  3,542        

certificate holder by the certificate.  The private attorney       3,543        

shall attach to the complaint the county treasurer's                            

certification that the parcel has not been redeemed.               3,544        

      (D)  The county treasurer shall credit the amount received   3,547        

under division (B)(1) of this section to the tax certificate       3,549        

redemption fund.  The tax certificates respecting the payment      3,550        

shall be redeemed as provided in division (E) of section 5721.38   3,551        

of the Revised Code.  The amount received under division (B)(2)    3,553        

of this section shall be distributed to the taxing districts to    3,554        

which the delinquencies are owed.  The treasurer shall deposit     3,555        

the fee received under division (B)(3) of this section in the      3,557        

county treasury to the credit of the delinquent tax and            3,558        

assessment collection fund.  The amount received under division    3,559        

(B)(4) of this section shall be distributed to the holder of the   3,560        

prior lien.                                                        3,561        

      (E)(1)  If, in the case of a certificate purchased under     3,563        

section 5721.32 of the Revised Code, the certificate holder does   3,564        

not file with the county treasurer a request for foreclosure       3,566        

along with the required payment within three years after the date  3,567        

                                                          85     


                                                                 
shown on the tax certificate as the date the certificate was       3,568        

sold, and during that period the parcel is not redeemed or         3,569        

foreclosed upon, the certificate holder's lien against the parcel  3,570        

for the amount of delinquent taxes, assessments, penalties,        3,571        

interest, and charges that make up the certificate purchase price  3,572        

is canceled.                                                                    

      (2)  If, in the case of a certificate purchased under        3,574        

section 5721.33 of the Revised Code, the certificate holder does   3,575        

not file with the county treasurer a notice of intent to           3,576        

foreclose with respect to a certificate parcel within three years               

after the date shown on the tax certificate as the date the        3,577        

certificate was sold or any extension of that date pursuant to     3,578        

division (C)(2) of section 5721.38 of the Revised Code, and        3,579        

during that period the parcel is not redeemed, the certificate     3,580        

holder's lien against the parcel for the amount of delinquent                   

taxes, assessments, penalties, interest, and charges that make up  3,581        

the certificate purchase price is canceled.                        3,582        

      (F)  With respect to tax certificates purchased under        3,584        

section 5721.33 of the Revised Code, upon the delivery to the      3,585        

certificate holder by the county treasurer of the certification    3,586        

provided for under division (C)(2) of this section, a private      3,587        

attorney may institute a foreclosure proceeding under this         3,588        

division in the name of the certificate holder to foreclose such                

holder's lien, in any court with jurisdiction, unless the          3,589        

certificate redemption price is paid prior to the time a           3,590        

complaint is filed.  The attorney shall prosecute the proceeding   3,591        

to final judgment and satisfaction, whether through sale of the                 

property or the vesting of title and possession in the             3,592        

certificate holder.  If there is a copy of a written undertaking   3,593        

under section 323.31 of the Revised Code attached to the tax       3,595        

certificate or if a copy of such an undertaking is received from   3,596        

the county treasurer prior to the commencement of the proceeding   3,597        

under this division, the attorney shall not institute the          3,598        

proceeding under this division, unless the attorney receives a     3,599        

                                                          86     


                                                                 
certification of the treasurer that such undertaking has become    3,600        

void in accordance with section 323.31 of the Revised Code.        3,601        

      The foreclosure proceedings under this division, except as   3,603        

otherwise provided in this division, shall be instituted and       3,604        

prosecuted in the same manner as is provided by law for the        3,605        

foreclosure of mortgages on land, except that, if service by       3,606        

publication is necessary, such publication shall be made once a    3,607        

week for three consecutive weeks and the service shall be                       

complete at the expiration of three weeks after the date of the    3,608        

first publication.                                                              

      Any notice given under this division shall include the name  3,610        

of the owner of the parcel as last set forth in the records of     3,611        

the county recorder, the owner's last known mailing address, the   3,612        

address of the subject parcel if different from that of the        3,613        

owner, and a complete legal description of the subject parcel.     3,614        

In any county that has adopted a permanent parcel number system,   3,615        

such notice may include the permanent parcel number in addition                 

to a complete legal description.                                   3,616        

      It is sufficient, having been made a proper party to the     3,618        

foreclosure proceeding, for the certificate holder to allege in    3,619        

such holder's complaint that the tax certificate has been duly     3,620        

purchased by the certificate holder, that the certificate          3,621        

redemption price appearing to be due and unpaid is due and         3,622        

unpaid, and that there is a lien against the property described                 

in the tax certificate, without setting forth in such holder's     3,623        

complaint any other special matter relating to the foreclosure     3,625        

proceeding.  The prayer of the complaint shall be that the court   3,626        

issue an order that the property be sold by the sheriff or, if     3,627        

the action is in the municipal court, by the bailiff, in the                    

manner provided in section 5721.19 of the Revised Code, unless     3,628        

the complaint includes an appraisal by an independent appraiser    3,629        

acceptable to the court that the value of the certificate parcel   3,630        

is less than the certificate purchase price.  In that case, the    3,631        

prayer of the complaint shall be that fee simple title to the                   

                                                          87     


                                                                 
property be transferred to and vested in the certificate holder    3,632        

free and clear of all subordinate liens.                           3,633        

      In the foreclosure proceeding, the certificate holder may    3,635        

join in one action any number of tax certificates relating to the  3,636        

same owner, provided that all parties on each of the tax           3,637        

certificates are identical as to name and priority of interest.    3,638        

However, the decree for each tax certificate shall be rendered     3,639        

separately and any proceeding may be severed, in the discretion                 

of the court, for the purpose of trial or appeal.  The court       3,640        

shall make such order for the payment of all costs related         3,641        

directly or indirectly to the redemption of the tax certificate,   3,642        

including, without limitation, attorney's fees of the holder's     3,643        

attorney, as is considered proper.  The tax certificate purchased  3,644        

by the certificate holder is presumptive evidence in all courts                 

and in all proceedings, including, without limitation, at the      3,645        

trial of the foreclosure action, of the amount and validity of     3,646        

the taxes, assessments, charges, penalties by the court and added  3,647        

to such principal amount, and interest appearing due and unpaid    3,648        

and of their nonpayment.                                                        

      (G)  For purposes of this section:                           3,650        

      (1)  "Prior tax certificates" and "prior delinquent taxes,   3,652        

assessments, penalties, interest, and charges" mean tax            3,653        

certificates and delinquent taxes, assessments, penalties,         3,654        

interest, and charges, the liens with respect to which attached    3,655        

to the certificate parcel prior to the attachment of the lien                   

with respect to the tax certificate that is the subject of the     3,656        

foreclosure proceedings.                                           3,657        

      (2)  "Prior, "PRIOR liens" means liens that are prior in     3,660        

right to the lien with respect to the tax certificate that is the  3,662        

subject of the foreclosure proceedings.                            3,663        

      (H)  IF A PARCEL IS SOLD UNDER THIS SECTION, THE OFFICER     3,665        

WHO CONDUCTED THE SALE SHALL COLLECT THE RECORDING FEE FROM THE    3,666        

PURCHASER AT THE TIME OF THE SALE AND, FOLLOWING CONFIRMATION OF   3,667        

THE SALE, SHALL PREPARE AND RECORD THE DEED CONVEYING THE TITLE    3,668        

                                                          88     


                                                                 
TO THE PARCEL TO THE PURCHASER.                                                 

      Sec. 5721.38.  (A)  At any time prior to the commencement    3,678        

of foreclosure proceedings under section 5721.37 of the Revised    3,679        

Code by the submitting of the payment to the county treasurer by   3,680        

the certificate holder TO INITIATE FORECLOSURE PROCEEDINGS under   3,681        

division (B) of that section 5721.37 OF THE REVISED CODE, the      3,682        

owner of record of the certificate parcel, or any other person     3,684        

entitled to redeem that parcel, may redeem the parcel by paying    3,685        

to the county treasurer an amount equal to the total of the        3,686        

certificate redemption prices of all tax certificates respecting   3,687        

that parcel plus the sum of taxes, assessments, penalties,         3,688        

charges, and interest charged against the parcel that have become  3,689        

due and payable since the date the last certificate was sold.      3,690        

      (B)  At any time after the commencement of PAYMENT TO THE    3,692        

COUNTY TREASURER BY THE CERTIFICATE HOLDER TO INITIATE             3,693        

foreclosure proceedings under section 5721.37 of the Revised Code  3,695        

by the submitting of the payment to the county treasurer by the                 

certificate holder under division (B) of that section and prior    3,697        

to the filing of the entry of confirmation of sale of a            3,698        

certificate parcel under foreclosure proceedings filed by the                   

county prosecuting attorney or prior to the decree conveying       3,700        

title to the certificate holder as provided for in division (F)    3,701        

of section 5721.37 of the Revised Code, the owner of record of                  

the certificate parcel or any other person entitled to redeem      3,703        

that parcel may redeem the parcel by paying to the county          3,704        

treasurer the amount described in division (A) of this section     3,705        

plus interest on the certificate purchase price for each tax       3,706        

certificate sold respecting the parcel at the rate of eighteen     3,707        

per cent per year for the period beginning on the day on which     3,708        

the payment was submitted by the certificate holder, together                   

with an amount equal to the sum of the prosecuting attorney's fee  3,710        

under division (C)(1) of section 5721.37 of the Revised Code if    3,711        

the tax certificate was purchased under section 5721.32 of the     3,712        

Revised Code, and any other costs and fees of the proceeding                    

                                                          89     


                                                                 
allocable to the certificate parcel as determined by the court.    3,713        

UPON RECEIPT OF SUCH PAYMENTS, THE COUNTY TREASURER SHALL REFUND   3,714        

THE PAYMENT MADE BY THE CERTIFICATE HOLDER TO INITIATE             3,715        

FORECLOSURE PROCEEDINGS.                                                        

      (C)(1)  During the period beginning on the date a tax        3,717        

certificate is sold under section 5721.32 of the Revised Code and  3,718        

ending one year from that date, THE COUNTY TREASURER MAY ENTER     3,719        

INTO A REDEMPTION PAYMENT PLAN WITH the owner of record of the     3,720        

certificate parcel, or any other person entitled to redeem that    3,723        

parcel, may enter into a redemption payment plan with the county   3,724        

treasurer.  The plan shall require the owner or other person to    3,725        

pay the certificate redemption price for the tax certificate in    3,726        

installments, with the final installment due no later than one     3,727        

year after the date the tax certificate is sold.  THE CERTIFICATE  3,729        

HOLDER MAY AT ANY TIME, BY WRITTEN NOTICE TO THE COUNTY                         

TREASURER, AGREE TO ACCEPT INSTALLMENTS COLLECTED TO THE DATE OF   3,731        

NOTICE AS PAYMENT IN FULL.  RECEIPT OF SUCH NOTICE BY THE          3,732        

TREASURER SHALL CONSTITUTE SATISFACTION OF THE PAYMENT PLAN AND    3,733        

REDEMPTION OF THE TAX CERTIFICATE.                                              

      (2)  During the period beginning on the date a tax           3,735        

certificate is sold under section 5721.33 of the Revised Code and  3,736        

ending on the date the decree is rendered on the foreclosure       3,738        

proceeding under division (F) of section 5721.37 of the Revised    3,739        

Code, the owner of record of the certificate parcel, or any other  3,740        

person entitled to redeem that parcel, may enter into a            3,741        

redemption payment plan with the certificate holder and all        3,742        

secured parties of the certificate holder.  The plan shall         3,743        

require the owner or other person to pay the certificate           3,744        

redemption price for the tax certificate, an administrative fee    3,745        

not to exceed one hundred dollars per year, and the actual fees    3,746        

and costs incurred, in installments, with the final installment                 

due no later than three years after the date the tax certificate   3,747        

is sold.  The certificate holder shall give written notice of the  3,748        

plan to the applicable county treasurer within sixty days after    3,749        

                                                          90     


                                                                 
entering into the plan and written notice of default under the     3,750        

plan within ninety days after the default.  If such a plan is      3,751        

entered into, the time period for filing a notice of intent to                  

foreclose under section 5721.37 of the Revised Code is extended    3,752        

by the length of time the plan is in effect and not in default.    3,753        

      (D)(1)  Immediately upon receipt of full payment under       3,756        

division (A) or (B) of this section, the county treasurer shall    3,757        

make an entry to that effect in the tax certificate register and   3,758        

notify each certificate holder by certified mail, return receipt   3,759        

requested, that the parcel has been redeemed and the lien          3,760        

canceled and that the tax certificates may be redeemed.  The       3,761        

county treasurer shall deposit into the tax certificate            3,762        

redemption fund created in the county treasury an amount equal to  3,763        

the total of the certificate redemption prices, together with      3,764        

interest on the certificate purchase price for each tax            3,765        

certificate sold respecting the parcel at the rate of eighteen     3,766        

per cent per year paid under division (B) of this section for the  3,767        

period beginning when the payment was submitted by the                          

certificate holder under division (B) of section 5721.37 of the    3,768        

Revised Code and ending when the parcel was redeemed.  The county  3,769        

treasurer shall administer the fund for the purpose of redeeming   3,770        

tax certificates.  Interest earned on the fund shall be credited   3,771        

to the county general fund.                                                     

      (2)  If a redemption payment plan is entered into pursuant   3,773        

to division (C)(1) of this section, the county treasurer           3,774        

immediately shall notify each certificate holder by certified      3,775        

mail, return receipt requested, of the terms of the plan.          3,776        

Installment payments made pursuant to the plan shall be deposited  3,777        

in the tax certificate redemption fund.  Any overpayment of the    3,779        

installments shall be refunded to the person responsible for                    

causing the overpayment if the person applies for a refund under   3,780        

this section. If the person responsible for causing the            3,781        

overpayment fails to apply for a refund under this section within  3,782        

five years from the date the plan is satisfied, an amount equal    3,783        

                                                          91     


                                                                 
to the overpayment shall be deposited into the general fund of     3,784        

the county.                                                                     

      Upon satisfaction of the plan, the county treasurer shall    3,787        

indicate in the tax certificate register that the plan has been    3,788        

satisfied, and shall notify each certificate holder by certified   3,789        

mail, return receipt requested, that the plan has been satisfied   3,790        

and that tax certificates may be redeemed.                         3,791        

      If a plan becomes void, the county treasurer immediately     3,794        

shall notify each certificate holder by certified mail, return     3,795        

receipt requested.  If a certificate holder files a request for                 

foreclosure under section 5721.37 of the Revised Code, upon the    3,796        

confirmation FILING of sale resulting from the REQUEST FOR         3,798        

foreclosure, any money paid under the plan prior to its becoming   3,800        

void shall be applied to payment as prescribed under divisions     3,801        

(A), (B), and (C) of section 5721.39 of the Revised Code.  Any     3,803        

residue remaining after such payment shall be disposed of under    3,804        

section 5721.20 of the Revised Code REFUNDED TO THE PERSON THAT    3,805        

PAID THE MONEY UNDER THE PLAN.                                                  

      (E)  To redeem a tax certificate with respect to which       3,807        

payment has been made in full under division (A), (B), or (C)(1)   3,809        

of this section OR DIVISION (B)(1) OF SECTION 5721.37 OF THE       3,810        

REVISED CODE, the certificate holder shall present the tax         3,812        

certificate to the county treasurer, who shall prepare the         3,813        

redemption information.  Upon presentation, the county auditor     3,814        

shall draw a warrant on the tax certificate redemption fund in     3,815        

the amount of the certificate redemption price AND ANY APPLICABLE  3,816        

INTEREST PAYABLE AT THE RATE OF EIGHTEEN PER CENT ANNUALLY ON THE  3,817        

CERTIFICATE UNDER DIVISION (B) OF THIS SECTION.  For a parcel      3,818        

that was redeemed under division (B) of this section, the          3,820        

certificate holder who paid the amounts under division (B) of      3,822        

section 5721.37 of the Revised Code shall be reimbursed for those  3,824        

amounts, together with interest at the rate of eighteen per cent   3,825        

per year on the amount paid under division (B)(1) of that section  3,826        

for the period beginning when the payment was submitted by the     3,827        

                                                          92     


                                                                 
certificate holder under division (B) of that section and ending   3,829        

when the parcel was redeemed.  The treasurer shall mark all        3,830        

copies of the tax certificate "redeemed" and return the            3,831        

certificate to the certificate holder.  The canceled certificate   3,832        

shall serve as a receipt evidencing redemption of the tax          3,833        

certificate.  If a certificate holder fails to redeem a tax        3,834        

certificate within five years after notice is served under         3,835        

division (D) of this section that tax certificates may be                       

redeemed, an amount equal to the certificate redemption price AND  3,837        

ANY APPLICABLE INTEREST PAYABLE AT THE RATE OF EIGHTEEN PER CENT   3,838        

ANNUALLY ON THE CERTIFICATE UNDER DIVISION (B) OF THIS SECTION     3,839        

shall be deposited into the general fund of the county.            3,840        

      Sec. 5721.39.  In its judgment of foreclosure rendered with  3,850        

respect to actions filed pursuant to section 5721.37 of the                     

Revised Code, the court shall enter a finding with respect to the  3,852        

certificate parcel of the amount of the sum of the certificate     3,853        

redemption prices respecting all the tax certificates sold                      

against the parcel; interest on the certificate purchase prices    3,855        

of those certificates at the rate of eighteen per cent per year                 

for the period beginning on the day on which the payment was       3,856        

submitted by the certificate holder under division (B) of section  3,857        

5721.37 of the Revised Code; any delinquent taxes, assessments,    3,860        

penalties, interest, and charges on the parcel that are not        3,861        

covered by a tax certificate; and fees and costs incurred in the                

foreclosure proceeding instituted against the parcel, including,   3,862        

without limitation, the fees and costs of the prosecuting          3,864        

attorney represented by the fee paid under division (B)(3) of      3,865        

section 5721.37 of the Revised Code or the fees and costs of the   3,867        

private attorney representing the certificate holder, and charges  3,868        

paid or incurred in procuring title searches and abstracting       3,869        

services relative to the subject premises.  The court may order                 

the certificate parcel to be sold, without appraisal, in the       3,871        

manner provided for in division (F) of section 5721.37 of the      3,872        

Revised Code and as set forth in the prayer of the complaint, for               

                                                          93     


                                                                 
not less than the amount of its finding, or, in the event that     3,873        

the court finds that the value of the certificate parcel is less   3,875        

than the certificate purchase price, the court may, as prayed for  3,876        

in the complaint, issue a decree transferring fee simple title                  

free and clear of all subordinate liens to the certificate         3,877        

holder.  A decree of the court transferring such fee simple title  3,878        

to the certificate holder is forever a bar to all rights of        3,879        

redemption with respect to the certificate parcel.                              

      Each certificate parcel shall be advertised and sold by the  3,882        

officer to whom the order of sale is directed in the manner                     

provided by law for the sale of real property on execution.  The   3,883        

advertisement for sale of certificate parcels shall be published   3,884        

once a week for three consecutive weeks and shall include the      3,885        

date on which a second sale will be conducted if no bid is         3,886        

accepted at the first sale.  Any number of parcels may be          3,887        

included in one advertisement.                                     3,888        

      Whenever the officer charged to conduct the sale offers a    3,891        

certificate parcel for sale and no bids are made equal to at       3,892        

least the amount of the court's finding, the officer shall         3,893        

adjourn the sale of the parcel to the second date that was                      

specified in the advertisement of sale.  The second sale shall be  3,895        

held at the same place and commence at the same time as set forth  3,896        

in the advertisement of sale.  The officer shall offer any parcel  3,897        

not sold at the first sale.  Upon the conclusion of any sale, or   3,898        

if any parcel remains unsold after being offered at two sales,     3,899        

the officer conducting the sale shall report the results to the    3,900        

court.                                                                          

      Upon the confirmation of a sale, the proceeds of the sale    3,903        

shall be applied as follows:                                                    

      (A)  The fees and costs incurred in the proceeding filed     3,905        

against the parcel pursuant to section 5721.37 of the Revised      3,907        

Code, not including the county prosecutor's costs covered by the   3,908        

fee paid by the certificate holder under division (B)(3) of that   3,909        

section, shall be paid first.                                                   

                                                          94     


                                                                 
      (B)  Following the payment required by division (A) of this  3,912        

section, the certificate holder that requested the foreclosure     3,913        

shall be paid the sum of the amount found due for the certificate  3,914        

redemption prices of all the tax certificates sold against the                  

parcel; any premium paid by the certificate holder at the time of  3,915        

purchase; interest on the certificate purchase prices of those     3,917        

certificates at the rate of eighteen per cent per year beginning                

on the day on which the payment was submitted by the certificate   3,918        

holder under division (B) of section 5721.37 of the Revised Code   3,919        

and ending on the day of the sale; and the amounts paid by the     3,920        

certificate holder under divisions (B)(2) and (3) of section       3,921        

5721.37 of the Revised Code.                                                    

      (C)  Following the payment required by division (B) of this  3,924        

section, any amount due for taxes, assessments, charges,           3,925        

penalties, and interest not covered by the tax certificate         3,926        

holder's payment under division (B)(2) of section 5721.37 of the   3,927        

Revised Code shall be paid, including all taxes, assessments,                   

charges, penalties, and interest payable subsequent to the entry   3,928        

of the finding and prior to the transfer of the deed of the        3,929        

parcel to the purchaser following confirmation of sale.  If the    3,930        

proceeds available for distribution pursuant to this division are  3,931        

insufficient to pay the entire amount of those taxes,              3,932        

assessments, charges, penalties, and interest, the proceeds shall  3,933        

be paid to each claimant in proportion to the amount of those      3,934        

taxes, assessments, charges, penalties, and interest that each is  3,935        

due, and those taxes, assessments, charges, penalties, and         3,936        

interest are deemed satisfied AND SHALL BE REMOVED FROM THE TAX    3,937        

LIST AND DUPLICATE.                                                             

      Any residue of money from proceeds of the sale shall be      3,939        

disposed of as prescribed by section 5721.20 of the Revised Code.  3,941        

      Unless the parcel previously was redeemed pursuant to        3,943        

section 5721.25 or 5721.38 of the Revised Code, upon the filing    3,945        

of the entry of confirmation of sale, the title to the parcel is   3,946        

incontestable in the purchaser and is free and clear of all liens  3,947        

                                                          95     


                                                                 
and encumbrances, except a federal tax lien notice of which is     3,948        

properly filed in accordance with section 317.09 of the Revised    3,949        

Code prior to the date that a foreclosure proceeding is            3,950        

instituted pursuant to section 5721.37 of the Revised Code, which  3,951        

lien was foreclosed in accordance with 28 U.S.C.A. 2410(c), and    3,952        

the easements and covenants of record running with the land or     3,953        

lots that were created prior to the time the taxes or              3,954        

assessments, for the nonpayment of which a tax certificate was     3,955        

issued and the parcel sold at foreclosure, became due and          3,956        

payable.                                                                        

      The title shall not be invalid because of any irregularity,  3,959        

informality, or omission of any proceedings under this chapter,    3,960        

or in any processes of taxation, if such irregularity,             3,961        

informality, or omission does not abrogate the provision for       3,962        

notice to holders of title, lien, or mortgage to, or other         3,963        

interests in, such foreclosed parcels, as prescribed in this       3,964        

chapter.                                                                        

      Sec. 5721.42.  NOT LESS THAN SIXTY NOR MORE THAN NINETY      3,967        

DAYS FOLLOWING THE DATE SET BY SECTION 323.12 OR 323.17 OF THE     3,969        

REVISED CODE FOR THE PAYMENT OF THE SECOND INSTALLMENT OF CURRENT  3,970        

TAXES, THE CERTIFICATE HOLDER OF THE MOST RECENTLY ISSUED TAX      3,971        

CERTIFICATE MAY PAY ALL DELINQUENT TAXES, ASSESSMENTS, PENALTIES,  3,972        

INTEREST, AND CHARGES ON THE RELATED CERTIFICATE PARCEL, THE LIEN               

AGAINST WHICH HAS NOT BEEN TRANSFERRED BY THE SALE OF A TAX        3,973        

CERTIFICATE.  THE AMOUNT OF THE PAYMENT SHALL CONSTITUTE A         3,974        

SEPARATE LIEN AGAINST THE CERTIFICATE PARCEL THAT SHALL BE         3,975        

EVIDENCED BY THE ISSUANCE BY THE TREASURER TO THE CERTIFICATE      3,976        

HOLDER OF AN ADDITIONAL TAX CERTIFICATE WITH RESPECT TO THE                     

DELINQUENT TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND FEES SO    3,977        

PAID ON THE RELATED CERTIFICATE PARCEL.  THE AMOUNT OF THE         3,978        

PAYMENT AS SET FORTH IN THE TAX CERTIFICATE SHALL EARN INTEREST    3,979        

AT THE RATE OF EIGHTEEN PER CENT PER YEAR.                                      

      Section 2.  That existing sections 321.45, 323.121,          3,981        

323.132, 323.15, 323.25, 323.29, 323.31, 323.49, 5709.631,         3,983        

                                                          96     


                                                                 
5713.08, 5713.20, 5715.27, 5719.03, 5719.04, 5719.041, 5719.05,    3,984        

5721.02, 5721.03, 5721.06, 5721.10, 5721.14, 5721.18, 5721.19,                  

5721.25, 5721.30, 5721.31, 5721.32, 5721.34, 5721.36, 5721.37,     3,986        

5721.38, and 5721.39 of the Revised Code are hereby repealed.                   

      Section 3.  (A)  As used in this section:                    3,988        

      (1)  "Person" has the same meaning as in section 5701.01 of  3,990        

the Revised Code.                                                  3,991        

      (2)  "Subdivision" means any subdivision as defined in       3,993        

section 5705.01 of the Revised Code, except a school district.     3,994        

      (B)  Notwithstanding division (B) of section 5713.08 and     3,996        

section 5713.081 of the Revised Code, the Tax Commissioner shall   3,997        

remit the total amount of unpaid or delinquent taxes, penalties,   3,998        

or interest charged against real property, including those that    3,999        

became a lien before the applicant acquired title to the property  4,000        

or before the property was first used for the exempt purpose, if   4,001        

the Tax Commissioner approves an application for exemption for     4,002        

the property filed under section 5715.27 of the Revised Code on    4,003        

or after the effective date of this act but on or before December  4,004        

31, 2001, or filed prior to the effective date of this act but     4,005        

pending before the Tax Commissioner on the effective date of this  4,006        

act.  The Tax Commissioner shall not consider any application      4,007        

claiming remission under this section that is filed after          4,008        

December 31, 2001.  Such taxes, penalties, and interest shall be   4,009        

remitted even if the applicant fails to request such remission on  4,010        

the application for exemption.  The Tax Commissioner may remit     4,011        

such taxes, penalties, and interest only with the consent of the   4,012        

board of education of the city, local, or exempted village school  4,013        

district in which the property is situated and with the consent    4,014        

of the taxing authority of each subdivision to which such taxes,   4,015        

penalties, or interest are owed.  Consent shall be provided or     4,016        

obtained in the manner or form prescribed by the Tax               4,017        

Commissioner.                                                                   

      (C)  All unpaid or delinquent taxes, penalties, or interest  4,019        

remitted under this section shall be reentered on the tax list     4,020        

                                                          97     


                                                                 
and duplicate if, within five years after the taxes, penalties,    4,021        

or interest are remitted, the applicant transfers the real         4,022        

property to any person that was the owner of record of the         4,023        

property in any tax year for which any of the taxes, penalties,    4,024        

or interest remitted under this section accrued, or to any of the  4,025        

following persons:  a member of that owner's immediate family, a   4,026        

person having power of attorney appointed by that owner that       4,027        

subsequently transfers the property to that owner, a sole          4,028        

proprietorship owned by that owner or by a member of the owner's   4,029        

immediate family, or a partnership, trust, business trust,         4,030        

corporation, or association of which that owner or a member of     4,031        

the owner's immediate family owns or controls, directly or         4,032        

indirectly, more than fifty per cent.                                           

      (D)  This section expires January 1, 2002.                   4,034        

      Section 4.  Section 5715.27 of the Revised Code is           4,036        

presented in this act as a composite of the section as amended by  4,037        

both Sub. S.B. 257 and Am. Sub. S.B. 332 of the 118th General      4,038        

Assembly, with the new language of neither of the acts shown in    4,040        

capital letters.  This is in recognition of the principle stated   4,041        

in division (B) of section 1.52 of the Revised Code that such      4,042        

amendments are to be harmonized where not substantively            4,043        

irreconcilable and constitutes a legislative finding that such is  4,044        

the resulting version in effect prior to the effective date of     4,045        

this act.