As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                               H. B. No. 533     5            

      1999-2000                                                    6            


    REPRESENTATIVES D. MILLER-DePIERO-REDFERN-GRENDELL-ALLEN-      8            

                         PATTON-FLANNERY                           9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 5721.37, 5721.38, and 5721.39 of    12           

                the Revised Code to eliminate the time limit       13           

                within which holders of tax certificates may                    

                request foreclosure.                               14           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 5721.37, 5721.38, and 5721.39 of   18           

the Revised Code be amended to read as follows:                    19           

      Sec. 5721.37.  (A)(1)  With respect to a tax certificate     28           

purchased under section 5721.32 of the Revised Code, at any time   29           

after one year from the date shown on the tax certificate as the   30           

date the tax certificate was sold, and not later than three years  31           

after that date, the certificate holder may file with the county   34           

treasurer a request for foreclosure on a form prescribed by the    35           

tax commissioner and provided by the county treasurer, provided    36           

the parcel has not yet been redeemed under division (A) or (C) of  37           

section 5721.38 of the Revised Code.                               38           

      (2)  With respect to a tax certificate purchased under       40           

section 5721.33 of the Revised Code, at any time after one year    41           

from the date shown on the tax certificate as the date the tax     43           

certificate was sold, and not later than three years after that    44           

date or any extension of that date pursuant to division (C)(2) of  45           

section 5721.38 of the Revised Code, a private attorney on behalf  46           

of the certificate holder may file with the county treasurer a     48           

notice of intent to foreclose on a form prescribed by the tax      49           

commissioner and provided by the county treasurer, provided the    50           

                                                          2      


                                                                 
parcel has not yet been redeemed under division (A) or (C) of      51           

section 5721.38 of the Revised Code.                                            

      (B)  Along with a request filed under division (A)(1) of     53           

this section, or a notice of intent to foreclose filed under       54           

division (A)(2) of this section and prior to the transfer of       55           

title in connection with foreclosure proceedings filed under       56           

division (F)(E) of this section, the certificate holder shall      58           

submit a payment to the treasurer equal to the sum of the          59           

following:                                                         60           

      (1)  The certificate redemption prices of any other prior    62           

tax certificates that have been sold on the parcel;                63           

      (2)  Any prior delinquent taxes, assessments, penalties,     65           

interest, and charges that are charged against the certificate     66           

parcel that is the subject of the foreclosure proceedings and      67           

that are not covered by a tax certificate;                         68           

      (3)  If the foreclosure proceedings are filed by the county  70           

prosecuting attorney pursuant to section 323.25, 5721.14, or       71           

5721.18 of the Revised Code, a fee in the amount prescribed by     72           

the county prosecuting attorney to cover the prosecuting           73           

attorney's legal costs incurred in the foreclosure proceeding;     74           

      (4)  If the foreclosure proceedings are filed by a private   76           

attorney on behalf of the certificate holder pursuant to division  77           

(F)(E) of this section, any other prior liens.                     79           

      (C)(1)  With respect to a certificate purchased under        81           

section 5721.32 of the Revised Code, if the certificate parcel     82           

has not been redeemed, the county treasurer shall provide          85           

certification to the county prosecuting attorney that the parcel   86           

has not been redeemed and that the certificate holder has made a   87           

foreclosure request.  Within ninety days of receiving that         88           

certification, the prosecuting attorney shall commence a           89           

foreclosure proceeding in the name of the county treasurer in the  90           

manner provided under section 323.25, 5721.14, or 5721.18 of the   91           

Revised Code, to foreclose the lien vested in the certificate      92           

holder by the certificate.  The prosecuting attorney shall attach  93           

                                                          3      


                                                                 
to the complaint the county treasurer's certification that the     94           

parcel has not been redeemed.                                                   

      (2)  With respect to a certificate purchased under section   96           

5721.33 of the Revised Code, if the certificate parcel has not     97           

been redeemed, the county treasurer shall provide certification    98           

to the private attorney that the parcel has not been redeemed.     99           

After receipt of that certification, the private attorney may                   

commence a foreclosure proceeding in the name of the certificate   100          

holder in the manner provided under division (F)(E) of this        101          

section, to foreclose the lien vested in the certificate holder    103          

by the certificate.  The private attorney shall attach to the      104          

complaint the county treasurer's certification that the parcel     105          

has not been redeemed.                                                          

      (D)  The county treasurer shall credit the amount received   108          

under division (B)(1) of this section to the tax certificate       110          

redemption fund.  The tax certificates respecting the payment      111          

shall be redeemed as provided in division (E) of section 5721.38   112          

of the Revised Code.  The amount received under division (B)(2)    114          

of this section shall be distributed to the taxing districts to    115          

which the delinquencies are owed.  The treasurer shall deposit     116          

the fee received under division (B)(3) of this section in the      118          

county treasury to the credit of the delinquent tax and            119          

assessment collection fund.  The amount received under division    120          

(B)(4) of this section shall be distributed to the holder of the   121          

prior lien.                                                        122          

      (E)(1)  If, in the case of a certificate purchased under     124          

section 5721.32 of the Revised Code, the certificate holder does   125          

not file with the county treasurer a request for foreclosure       128          

along with the required payment within three years after the date  129          

shown on the tax certificate as the date the certificate was       130          

sold, and during that period the parcel is not redeemed or         131          

foreclosed upon, the certificate holder's lien against the parcel  132          

for the amount of delinquent taxes, assessments, penalties,        133          

interest, and charges that make up the certificate purchase price  134          

                                                          4      


                                                                 
is canceled.                                                                    

      (2)  If, in the case of a certificate purchased under        136          

section 5721.33 of the Revised Code, the certificate holder does   138          

not file with the county treasurer a notice of intent to           139          

foreclose with respect to a certificate parcel within three years               

after the date shown on the tax certificate as the date the        140          

certificate was sold or any extension of that date pursuant to     141          

division (C)(2) of section 5721.38 of the Revised Code, and        142          

during that period the parcel is not redeemed, the certificate     144          

holder's lien against the parcel for the amount of delinquent                   

taxes, assessments, penalties, interest, and charges that make up  145          

the certificate purchase price is canceled.                        146          

      (F)  With respect to tax certificates purchased under        148          

section 5721.33 of the Revised Code, upon the delivery to the      149          

certificate holder by the county treasurer of the certification    151          

provided for under division (C)(2) of this section, a private      152          

attorney may institute a foreclosure proceeding under this         153          

division in the name of the certificate holder to foreclose such                

holder's lien, in any court with jurisdiction, unless the          154          

certificate redemption price is paid prior to the time a           155          

complaint is filed.  The attorney shall prosecute the proceeding   156          

to final judgment and satisfaction, whether through sale of the                 

property or the vesting of title and possession in the             157          

certificate holder.  If there is a copy of a written undertaking   158          

under section 323.31 of the Revised Code attached to the tax       159          

certificate or if a copy of such an undertaking is received from                

the county treasurer prior to the commencement of the proceeding   160          

under this division, the attorney shall not institute the          161          

proceeding under this division, unless the attorney receives a     162          

certification of the treasurer that such undertaking has become    163          

void in accordance with section 323.31 of the Revised Code.                     

      The foreclosure proceedings under this division, except as   165          

otherwise provided in this division, shall be instituted and       166          

prosecuted in the same manner as is provided by law for the        167          

                                                          5      


                                                                 
foreclosure of mortgages on land, except that, if service by       168          

publication is necessary, such publication shall be made once a    169          

week for three consecutive weeks and the service shall be                       

complete at the expiration of three weeks after the date of the    170          

first publication.                                                              

      Any notice given under this division shall include the name  172          

of the owner of the parcel as last set forth in the records of     173          

the county recorder, the owner's last known mailing address, the   174          

address of the subject parcel if different from that of the        175          

owner, and a complete legal description of the subject parcel.     176          

In any county that has adopted a permanent parcel number system,   177          

such notice may include the permanent parcel number in addition                 

to a complete legal description.                                   178          

      It is sufficient, having been made a proper party to the     180          

foreclosure proceeding, for the certificate holder to allege in    181          

such holder's complaint that the tax certificate has been duly     182          

purchased by the certificate holder, that the certificate          183          

redemption price appearing to be due and unpaid is due and         184          

unpaid, and that there is a lien against the property described                 

in the tax certificate, without setting forth in such holder's     185          

complaint any other special matter relating to the foreclosure     187          

proceeding.  The prayer of the complaint shall be that the court   188          

issue an order that the property be sold by the sheriff or, if     189          

the action is in the municipal court, by the bailiff, in the                    

manner provided in section 5721.19 of the Revised Code, unless     190          

the complaint includes an appraisal by an independent appraiser    191          

acceptable to the court that the value of the certificate parcel   192          

is less than the certificate purchase price.  In that case, the    193          

prayer of the complaint shall be that fee simple title to the                   

property be transferred to and vested in the certificate holder    194          

free and clear of all subordinate liens.                           195          

      In the foreclosure proceeding, the certificate holder may    197          

join in one action any number of tax certificates relating to the  198          

same owner, provided that all parties on each of the tax           199          

                                                          6      


                                                                 
certificates are identical as to name and priority of interest.    200          

However, the decree for each tax certificate shall be rendered     201          

separately and any proceeding may be severed, in the discretion                 

of the court, for the purpose of trial or appeal.  The court       202          

shall make such order for the payment of all costs related         203          

directly or indirectly to the redemption of the tax certificate,   204          

including, without limitation, attorney's fees of the holder's     205          

attorney, as is considered proper.  The tax certificate purchased  206          

by the certificate holder is presumptive evidence in all courts                 

and in all proceedings, including, without limitation, at the      207          

trial of the foreclosure action, of the amount and validity of     208          

the taxes, assessments, charges, penalties by the court and added  209          

to such principal amount, and interest appearing due and unpaid    210          

and of their nonpayment.                                                        

      (G)(F)  For purposes of this section:                        212          

      (1)  "Prior tax certificates" and "prior delinquent taxes,   214          

assessments, penalties, interest, and charges" mean tax            215          

certificates and delinquent taxes, assessments, penalties,         216          

interest, and charges, the liens with respect to which attached    217          

to the certificate parcel prior to the attachment of the lien                   

with respect to the tax certificate that is the subject of the     218          

foreclosure proceedings.                                           219          

      (2)  "Prior liens" means liens that are prior in right to    221          

the lien with respect to the tax certificate that is the subject   222          

of the foreclosure proceedings.                                    223          

      Sec. 5721.38.  (A)  At any time prior to the commencement    233          

of foreclosure proceedings under section 5721.37 of the Revised    234          

Code by the submitting of the payment to the county treasurer by   235          

the certificate holder under division (B) of that section, the     236          

owner of record of the certificate parcel, or any other person     237          

entitled to redeem that parcel, may redeem the parcel by paying    238          

to the county treasurer an amount equal to the total of the        239          

certificate redemption prices of all tax certificates respecting   240          

that parcel plus the sum of taxes, assessments, penalties,         241          

                                                          7      


                                                                 
charges, and interest charged against the parcel that have become  242          

due and payable since the date the last certificate was sold.      243          

      (B)  At any time after the commencement of foreclosure       245          

proceedings under section 5721.37 of the Revised Code by the       247          

submitting of the payment to the county treasurer by the                        

certificate holder under division (B) of that section and prior    249          

to the filing of the entry of confirmation of sale of a            250          

certificate parcel under foreclosure proceedings filed by the                   

county prosecuting attorney or prior to the decree conveying       252          

title to the certificate holder as provided for in division        253          

(F)(E) of section 5721.37 of the Revised Code, the owner of        254          

record of the certificate parcel or any other person entitled to   255          

redeem that parcel may redeem the parcel by paying to the county   256          

treasurer the amount described in division (A) of this section     257          

plus interest on the certificate purchase price for each tax       258          

certificate sold respecting the parcel at the rate of eighteen     259          

per cent per year for the period beginning on the day on which     260          

the payment was submitted by the certificate holder, together                   

with an amount equal to the sum of the prosecuting attorney's fee  262          

under division (C)(1) of section 5721.37 of the Revised Code if    263          

the tax certificate was purchased under section 5721.32 of the     265          

Revised Code, and any other costs and fees of the proceeding                    

allocable to the certificate parcel as determined by the court.    267          

      (C)(1)  During the period beginning on the date a tax        269          

certificate is sold under section 5721.32 of the Revised Code and  270          

ending one year from that date, the owner of record of the         272          

certificate parcel, or any other person entitled to redeem that    273          

parcel, may enter into a redemption payment plan with the county   274          

treasurer.  The plan shall require the owner or other person to    275          

pay the certificate redemption price for the tax certificate in    276          

installments, with the final installment due no later than one     277          

year after the date the tax certificate is sold.                   278          

      (2)  During the period beginning on the date a tax           280          

certificate is sold under section 5721.33 of the Revised Code and  281          

                                                          8      


                                                                 
ending on the date the decree is rendered on the foreclosure       283          

proceeding under division (F)(E) of section 5721.37 of the         285          

Revised Code, the owner of record of the certificate parcel, or                 

any other person entitled to redeem that parcel, may enter into a  287          

redemption payment plan with the certificate holder and all        288          

secured parties of the certificate holder.  The plan shall         289          

require the owner or other person to pay the certificate           290          

redemption price for the tax certificate, an administrative fee    291          

not to exceed one hundred dollars per year, and the actual fees    292          

and costs incurred, in installments, with the final installment                 

due no later than three years after the date the tax certificate   293          

is sold.  The certificate holder shall give written notice of the  294          

plan to the applicable county treasurer within sixty days after    295          

entering into the plan and written notice of default under the     296          

plan within ninety days after the default.  If such a plan is      297          

entered into, the time period for filing a notice of intent to                  

foreclose under section 5721.37 of the Revised Code is extended    298          

by the length of time the plan is in effect and not in default.    300          

      (D)(1)  Immediately upon receipt of full payment under       303          

division (A) or (B) of this section, the county treasurer shall    304          

make an entry to that effect in the tax certificate register and   305          

notify each certificate holder by certified mail, return receipt   306          

requested, that the parcel has been redeemed and the lien          307          

canceled and that the tax certificates may be redeemed.  The       308          

county treasurer shall deposit into the tax certificate            309          

redemption fund created in the county treasury an amount equal to  310          

the total of the certificate redemption prices, together with      311          

interest on the certificate purchase price for each tax            312          

certificate sold respecting the parcel at the rate of eighteen     313          

per cent per year paid under division (B) of this section for the  314          

period beginning when the payment was submitted by the                          

certificate holder under division (B) of section 5721.37 of the    315          

Revised Code and ending when the parcel was redeemed.  The county  316          

treasurer shall administer the fund for the purpose of redeeming   317          

                                                          9      


                                                                 
tax certificates.  Interest earned on the fund shall be credited   318          

to the county general fund.                                                     

      (2)  If a redemption payment plan is entered into pursuant   320          

to division (C)(1) of this section, the county treasurer           321          

immediately shall notify each certificate holder by certified      322          

mail, return receipt requested, of the terms of the plan.          323          

Installment payments made pursuant to the plan shall be deposited  324          

in the tax certificate redemption fund.  Any overpayment of the    326          

installments shall be refunded to the person responsible for                    

causing the overpayment if the person applies for a refund under   327          

this section. If the person responsible for causing the            328          

overpayment fails to apply for a refund under this section within  329          

five years from the date the plan is satisfied, an amount equal    330          

to the overpayment shall be deposited into the general fund of     331          

the county.                                                                     

      Upon satisfaction of the plan, the county treasurer shall    334          

indicate in the tax certificate register that the plan has been    335          

satisfied, and shall notify each certificate holder by certified   336          

mail, return receipt requested, that the plan has been satisfied   337          

and that tax certificates may be redeemed.                         338          

      If a plan becomes void, the county treasurer immediately     341          

shall notify each certificate holder by certified mail, return     342          

receipt requested.  If a certificate holder files a request for                 

foreclosure under section 5721.37 of the Revised Code, upon the    343          

confirmation of sale resulting from the foreclosure, any money     344          

paid under the plan prior to its becoming void shall be applied    345          

to payment as prescribed under divisions (A), (B), and (C) of      347          

section 5721.39 of the Revised Code.  Any residue remaining after  348          

such payment shall be disposed of under section 5721.20 of the     349          

Revised Code.                                                      350          

      (E)  To redeem a tax certificate with respect to which       352          

payment has been made in full under division (A), (B), or (C)(1)   354          

of this section, the certificate holder shall present the tax      356          

certificate to the county treasurer, who shall prepare the         357          

                                                          10     


                                                                 
redemption information.  Upon presentation, the county auditor     358          

shall draw a warrant on the tax certificate redemption fund in     359          

the amount of the certificate redemption price.  For a parcel      360          

that was redeemed under division (B) of this section, the          361          

certificate holder who paid the amounts under division (B) of      363          

section 5721.37 of the Revised Code shall be reimbursed for those  365          

amounts, together with interest at the rate of eighteen per cent   366          

per year on the amount paid under division (B)(1) of that section  367          

for the period beginning when the payment was submitted by the     368          

certificate holder under division (B) of that section and ending   370          

when the parcel was redeemed.  The treasurer shall mark all        371          

copies of the tax certificate "redeemed" and return the            372          

certificate to the certificate holder.  The canceled certificate   373          

shall serve as a receipt evidencing redemption of the tax          374          

certificate.  If a certificate holder fails to redeem a tax        375          

certificate within five years after notice is served under         376          

division (D) of this section that tax certificates may be                       

redeemed, an amount equal to the certificate redemption price      378          

shall be deposited into the general fund of the county.            379          

      Sec. 5721.39.  In its judgment of foreclosure rendered with  389          

respect to actions filed pursuant to section 5721.37 of the                     

Revised Code, the court shall enter a finding with respect to the  391          

certificate parcel of the amount of the sum of the certificate     392          

redemption prices respecting all the tax certificates sold                      

against the parcel; interest on the certificate purchase prices    394          

of those certificates at the rate of eighteen per cent per year                 

for the period beginning on the day on which the payment was       395          

submitted by the certificate holder under division (B) of section  396          

5721.37 of the Revised Code; any delinquent taxes, assessments,    399          

penalties, interest, and charges on the parcel that are not        400          

covered by a tax certificate; and fees and costs incurred in the                

foreclosure proceeding instituted against the parcel, including,   401          

without limitation, the fees and costs of the prosecuting          403          

attorney represented by the fee paid under division (B)(3) of      404          

                                                          11     


                                                                 
section 5721.37 of the Revised Code or the fees and costs of the   406          

private attorney representing the certificate holder, and charges  407          

paid or incurred in procuring title searches and abstracting       408          

services relative to the subject premises.  The court may order                 

the certificate parcel to be sold, without appraisal, in the       410          

manner provided for in division (F)(E) of section 5721.37 of the   412          

Revised Code and as set forth in the prayer of the complaint, for  413          

not less than the amount of its finding, or, in the event that     414          

the court finds that the value of the certificate parcel is less   416          

than the certificate purchase price, the court may, as prayed for  417          

in the complaint, issue a decree transferring fee simple title                  

free and clear of all subordinate liens to the certificate         418          

holder.  A decree of the court transferring such fee simple title  419          

to the certificate holder is forever a bar to all rights of        420          

redemption with respect to the certificate parcel.                              

      Each certificate parcel shall be advertised and sold by the  423          

officer to whom the order of sale is directed in the manner                     

provided by law for the sale of real property on execution.  The   424          

advertisement for sale of certificate parcels shall be published   425          

once a week for three consecutive weeks and shall include the      426          

date on which a second sale will be conducted if no bid is         427          

accepted at the first sale.  Any number of parcels may be          428          

included in one advertisement.                                     429          

      Whenever the officer charged to conduct the sale offers a    432          

certificate parcel for sale and no bids are made equal to at       433          

least the amount of the court's finding, the officer shall         434          

adjourn the sale of the parcel to the second date that was                      

specified in the advertisement of sale.  The second sale shall be  436          

held at the same place and commence at the same time as set forth  437          

in the advertisement of sale.  The officer shall offer any parcel  438          

not sold at the first sale.  Upon the conclusion of any sale, or   439          

if any parcel remains unsold after being offered at two sales,     440          

the officer conducting the sale shall report the results to the    441          

court.                                                                          

                                                          12     


                                                                 
      Upon the confirmation of a sale, the proceeds of the sale    444          

shall be applied as follows:                                                    

      (A)  The fees and costs incurred in the proceeding filed     446          

against the parcel pursuant to section 5721.37 of the Revised      448          

Code, not including the county prosecutor's costs covered by the   449          

fee paid by the certificate holder under division (B)(3) of that   450          

section, shall be paid first.                                                   

      (B)  Following the payment required by division (A) of this  453          

section, the certificate holder that requested the foreclosure     454          

shall be paid the sum of the amount found due for the certificate  455          

redemption prices of all the tax certificates sold against the                  

parcel; any premium paid by the certificate holder at the time of  456          

purchase; interest on the certificate purchase prices of those     458          

certificates at the rate of eighteen per cent per year beginning                

on the day on which the payment was submitted by the certificate   459          

holder under division (B) of section 5721.37 of the Revised Code   460          

and ending on the day of the sale; and the amounts paid by the     461          

certificate holder under divisions (B)(2) and (3) of section       462          

5721.37 of the Revised Code.                                                    

      (C)  Following the payment required by division (B) of this  465          

section, any amount due for taxes, assessments, charges,           466          

penalties, and interest not covered by the tax certificate         467          

holder's payment under division (B)(2) of section 5721.37 of the   468          

Revised Code shall be paid, including all taxes, assessments,                   

charges, penalties, and interest payable subsequent to the entry   469          

of the finding and prior to the transfer of the deed of the        470          

parcel to the purchaser following confirmation of sale.  If the    471          

proceeds available for distribution pursuant to this division are  472          

insufficient to pay the entire amount of those taxes,              473          

assessments, charges, penalties, and interest, the proceeds shall  474          

be paid to each claimant in proportion to the amount of those      475          

taxes, assessments, charges, penalties, and interest that each is  476          

due, and those taxes, assessments, charges, penalties, and         477          

interest are deemed satisfied.                                     478          

                                                          13     


                                                                 
      Any residue of money from proceeds of the sale shall be      480          

disposed of as prescribed by section 5721.20 of the Revised Code.  482          

      Unless the parcel previously was redeemed pursuant to        484          

section 5721.25 or 5721.38 of the Revised Code, upon the filing    486          

of the entry of confirmation of sale, the title to the parcel is   487          

incontestable in the purchaser and is free and clear of all liens  488          

and encumbrances, except a federal tax lien notice of which is     489          

properly filed in accordance with section 317.09 of the Revised    490          

Code prior to the date that a foreclosure proceeding is            491          

instituted pursuant to section 5721.37 of the Revised Code, which  492          

lien was foreclosed in accordance with 28 U.S.C.A. 2410(c), and    493          

the easements and covenants of record running with the land or     494          

lots that were created prior to the time the taxes or              495          

assessments, for the nonpayment of which a tax certificate was     496          

issued and the parcel sold at foreclosure, became due and          497          

payable.                                                                        

      The title shall not be invalid because of any irregularity,  500          

informality, or omission of any proceedings under this chapter,    501          

or in any processes of taxation, if such irregularity,             502          

informality, or omission does not abrogate the provision for       503          

notice to holders of title, lien, or mortgage to, or other         504          

interests in, such foreclosed parcels, as prescribed in this       505          

chapter.                                                                        

      Section 2.  That existing sections 5721.37, 5721.38, and     507          

5721.39 of the Revised Code are hereby repealed.                   508