Section 1. That sections 323.25, 323.28, 323.47, 2303.11, | 29 |
2323.07,
2327.01, 2327.02, 2329.17, 2329.18, 2329.19, 2329.23, | 30 |
2329.26, 2329.27, 2329.30,
2329.31, 2329.36, 2703.26, 5309.64, | 31 |
5721.18, 5721.19, and 5723.01 be
amended and sections 2323.06, | 32 |
2329.191,
2329.271, 2329.272, and 2703.141 of the Revised Code be | 33 |
enacted to
read as follows: | 34 |
Sec. 323.25. When taxes charged against an entry on the
tax | 35 |
duplicate, or any part of suchthose taxes, are not paid within | 36 |
sixty days after delivery of the delinquent land duplicate to the | 37 |
county treasurer as prescribed by section 5721.011 of the Revised | 38 |
Code,
the county treasurer shall enforce the lien for suchthe | 39 |
taxes by
civil action in the treasurer's official capacity as | 40 |
treasurer, for the sale of such
premises in the same way mortgage | 41 |
liens are enforced or for the transfer of such premises to an | 42 |
electing subdivision pursuant to section 323.28 of the Revised | 43 |
Code, in the court of common pleas of the county in the same
way | 44 |
mortgage liens are enforced, in a municipal court with | 45 |
jurisdiction, or in the county board of revision with jurisdiction | 46 |
pursuant to section 323.66 of the Revised Code.
After the civil | 47 |
action has been instituted, but before the filing of an entry of | 48 |
confirmation of sale or transfer pursuant to the action, any | 49 |
person entitled to redeem the land may do so by tendering to the | 50 |
county treasurer an amount sufficient, as determined by the court | 51 |
or board of revision, to pay the taxes, assessments, penalties, | 52 |
interest, and charges then due and unpaid, and the costs incurred | 53 |
in the civil action, and by demonstrating that the property is in | 54 |
compliance with all applicable zoning regulations, land use | 55 |
restrictions, and building, health, and safety codes. | 56 |
If the delinquent land duplicate lists minerals or rights to | 57 |
minerals
listed pursuant to sections 5713.04, 5713.05, and 5713.06 | 58 |
of the
Revised Code,
the county treasurer may enforce the lien for | 59 |
taxes against such minerals or
rights to minerals by civil action, | 60 |
in the treasurer's official capacity as
treasurer, in the manner | 61 |
prescribed by this section, or proceed as provided
under section | 62 |
5721.46 of the
Revised Code. | 63 |
If service by publication is
necessary, such publication | 64 |
shall be made once a week for three
consecutive weeks instead of | 65 |
as provided by the Rules of Civil
Procedure, and the service shall | 66 |
be complete at the expiration of
three weeks after the date of the | 67 |
first publication. If the
prosecuting attorney determines that | 68 |
service upon a defendant may
be obtained ultimately only by | 69 |
publication, the prosecuting
attorney may cause service
to be made | 70 |
simultaneously by certified mail, return receipt
requested, | 71 |
ordinary
mail, and publication. The county treasurer
shall not | 72 |
enforce the lien for taxes against real property to which any
of | 73 |
the following applies: | 74 |
(C) A tax certificate respecting that property has been sold | 83 |
under section 5721.32 or 5721.33 of the Revised Code; provided, | 84 |
however, that
nothing in
this division shall prohibit the
county | 85 |
treasurer or the county prosecuting attorney from enforcing the | 86 |
lien of
the state and its political subdivisions for taxes against | 87 |
a certificate
parcel with respect to any or all of such taxes that | 88 |
at the time of
enforcement of such lien are not the subject of a | 89 |
tax certificate. | 90 |
Sec. 323.28. (A) A finding shall be entered in a
proceeding | 93 |
under section 323.25 of the Revised Code for taxes,
assessments, | 94 |
penalties, interest, and charges due and payable at
the time the | 95 |
deed of real property sold or transferred under this section is | 96 |
transferred to the purchaser or transferee, plus the cost of the | 97 |
proceeding.
For purposes of determining such amount, the county | 98 |
treasurer may
estimate the amount of taxes, assessments, interest, | 99 |
penalties, and costs that
will be payable at the time the deed of | 100 |
the
property is transferred to the purchaser or transferee. | 101 |
The court of common pleas, a municipal court with | 102 |
jurisdiction, or the county board of revision with jurisdiction | 103 |
pursuant to section 323.66 of the Revised Code shall order such | 104 |
premises to be transferred pursuant to division (E) of this | 105 |
section or shall order such premises to be
sold for payment of the | 106 |
finding, but for not less than either of
the following, unless the | 107 |
county treasurer applies for an
appraisal: | 108 |
Notwithstanding the minimum sales price provisions of | 116 |
divisions (A)(1) and (2)
of this section to the contrary, a parcel | 117 |
sold pursuant to this section shall
not be sold for less than the | 118 |
amount described in division (A)(1) of this
section if the highest | 119 |
bidder is the owner of record of the parcel immediately
prior to | 120 |
the judgment of foreclosure or a member of the following class of | 121 |
parties connected to that owner: a member of that owner's | 122 |
immediate family, a
person with a power of attorney appointed by | 123 |
that owner who subsequently
transfers the parcel to the owner, a | 124 |
sole proprietorship owned by that owner
or a member of histhe | 125 |
owner's immediate family, or partnership,
trust, business trust, | 126 |
corporation, or association in which the owner or a member of his | 127 |
the owner's immediate
family owns or controls directly or | 128 |
indirectly more than fifty per cent. If a
parcel sells for less | 129 |
than the amount described in division (A)(1) of this
section, the | 130 |
officer conducting the sale shall require the buyer to complete
an | 131 |
affidavit stating that the buyer is not the owner of record | 132 |
immediately
prior to the judgment of foreclosure or a member of | 133 |
the specified class of
parties connected to that owner, and the | 134 |
affidavit shall become part of the
court records of the | 135 |
proceeding. If the county auditor discovers within three
years | 136 |
after the date of the sale that a parcel was sold to that owner or | 137 |
a
member of the specified class of parties connected to that owner | 138 |
for a price
less than the amount so described, and if the parcel | 139 |
is still owned by that
owner or a member of the specified class of | 140 |
parties connected to that owner,
the auditor within thirty days | 141 |
after such discovery shall add the difference
between that amount | 142 |
and the sale price to the amount of taxes that then stand
charged | 143 |
against the parcel and is payable at the next succeeding date for | 144 |
payment of real property taxes. As used in this paragraph, | 145 |
"immediate family"
means a spouse who resides in the same | 146 |
household and children. | 147 |
(B) From the proceeds of the sale the costs shall be first | 148 |
paid, next the amount found due for taxes, then the amount of any | 149 |
taxes accruing after the entry of the finding and before the deed | 150 |
of the property is transferred to the purchaser following the | 151 |
sale, all of which taxes shall be deemed satisfied, though the | 152 |
amount applicable to them is deficient, and any balance shall be | 153 |
distributed according to section 5721.20 of the Revised Code. No | 154 |
statute of limitations shall apply to such action. Upon sale,
all | 155 |
liens for taxes due at the time the deed of the property is | 156 |
transferred to the purchaser following the sale, and liens | 157 |
subordinate to liens for taxes, shall be deemed satisfied and | 158 |
discharged unless otherwise provided by the order of sale. | 159 |
(C) If the county treasurer's estimate of the amount of
the | 160 |
finding under division (A) of this section exceeds the amount
of | 161 |
taxes, assessments, interest, penalties, and costs actually | 162 |
payable
when the deed is transferred to the purchaser, the officer | 163 |
who
conducted the sale shall refund to the purchaser the | 164 |
difference
between the estimate and the amount actually payable. | 165 |
If the
amount of taxes, assessments, interest, penalties, and | 166 |
costs actually
payable when the deed is transferred to the | 167 |
purchaser exceeds the
county treasurer's estimate, the officer | 168 |
shall certify the amount
of the excess to the treasurer, who shall | 169 |
enter that amount on
the real and public utility property tax | 170 |
duplicate opposite the
property; the amount of the excess shall be | 171 |
payable at the next
succeeding date prescribed for payment of | 172 |
taxes in section 323.12
of the Revised Code. | 173 |
(E) Notwithstanding section 5722.03 of the Revised Code, if | 180 |
the complaint alleges that the property is delinquent vacant land | 181 |
as defined in section 5721.01 of the Revised Code, abandoned lands | 182 |
as defined in section 323.65 of the Revised Code, or lands | 183 |
described in division (E) of section 5722.01 of the Revised Code, | 184 |
and the value of the taxes, assessments, penalties, interest, and | 185 |
all other charges and costs of the action exceed the auditor's | 186 |
fair market value of the parcel, then the court or board of | 187 |
revision having jurisdiction over the matter on motion of the | 188 |
plaintiff, or on the court's or board's own motion, shall, upon | 189 |
any adjudication of foreclosure, order, without appraisal and | 190 |
without sale, the fee simple title of the property to be | 191 |
transferred to and vested in an electing subdivision as defined in | 192 |
division (A) of section 5722.01 of the Revised Code. For purposes | 193 |
of determining whether the taxes, assessments, penalties, | 194 |
interest,
and all other charges and costs of the action exceed | 195 |
the actual
fair market value of the parcel, the auditor's most | 196 |
current
valuation shall be rebuttably presumed to be, and | 197 |
constitute prima-facie evidence of, the fair market value of the | 198 |
parcel. In such
case, the filing for journalization of a decree | 199 |
of foreclosure
ordering that direct transfer without appraisal or | 200 |
sale shall
constitute confirmation of the transfer and thereby | 201 |
terminate any
further statutory or common law right of | 202 |
redemption. | 203 |
(F) Whenever the officer charged to conduct the sale offers | 204 |
any parcel for sale, the officer first shall read aloud a complete | 205 |
legal description of the parcel, or in the alternative, may read | 206 |
aloud only a summary description and a parcel number if the county | 207 |
has adopted a permanent parcel number system and if the | 208 |
advertising notice published prior to the sale includes a complete | 209 |
legal description or indicates where the complete legal | 210 |
description may be obtained. | 211 |
Sec. 323.47. (A) If land held by tenants in common is sold | 212 |
upon
proceedings in partition, or taken by the election of any of | 213 |
the
parties to such proceedings, or real estate is sold at | 214 |
judicial
sale, or by administrators, executors, guardians, or | 215 |
trustees, the
court shall order that the taxes, penalties, and | 216 |
assessments then
due and payable, and interest thereonon those | 217 |
taxes, penalties, and assessments, that are
or will be a lien
on | 218 |
such land or real estate at the time the
deed is transferred | 219 |
following the sale, be discharged out of the
proceeds of such sale | 220 |
or election. For purposes of determining
such amount,
the county | 221 |
treasurer mayshall estimate the amount of
taxes,
assessments, | 222 |
interest, and penalties that will be payable
at the
time the deed | 223 |
of the property is transferred to the
purchaser. If
the county | 224 |
treasurer's estimate exceeds the amount
of taxes,
assessments, | 225 |
interest, and penalties actually payable
when the
deed is | 226 |
transferred to the purchaser, the officer who
conducted
the sale | 227 |
shall refund to the purchaser the difference
between the
estimate | 228 |
and the amount actually payable. If the
amount of taxes, | 229 |
assessments, interest, and penalties actually
payable when the | 230 |
deed is transferred to the purchaser exceeds the
county | 231 |
treasurer's estimate, the officer shall certify the amount
of the | 232 |
excess to the treasurer, who shall enter that amount on
the real | 233 |
and public utility property tax duplicate opposite the
property; | 234 |
the amount of the excess shall be payable at the next
succeeding | 235 |
date prescribed for payment of taxes in section 323.12
of the | 236 |
Revised Code. | 237 |
(2) Upon the request of the officer who conducted the sale, | 250 |
the county treasurer shall estimate the amount in division | 251 |
(B)(1)(a) of this section. If the county treasurer's estimate | 252 |
exceeds that amount, the officer who conducted the sale shall | 253 |
refund to the purchaser the difference between the estimate and | 254 |
the actual amount. If the actual amount
exceeds the county | 255 |
treasurer's estimate, the officer shall certify the amount of the | 256 |
excess to the treasurer, who shall enter that amount on the real | 257 |
and public utility property tax duplicate opposite the property; | 258 |
the amount of the excess shall be payable at the next succeeding | 259 |
date prescribed for payment of taxes in section 323.12 of the | 260 |
Revised Code. | 261 |
Sec. 2323.07. When a mortgage is foreclosed or a specific | 273 |
lien enforced, a
sale of the property, or a transfer of property | 274 |
pursuant to sections 323.28, 323.65 to 323.78, and 5721.19 of the | 275 |
Revised Code, shall be ordered by the court having jurisdiction or | 276 |
the county board of revision with jurisdiction pursuant to section | 277 |
323.66 of the Revised Code. | 278 |
When the mortgaged property is situated in more than one | 283 |
county, the court may
order the sheriff or master of each county | 284 |
to make sale of the property in
histhe sheriff's or master's | 285 |
county, or may direct one officer to sell the whole. When it | 286 |
consists of a
single tract, the court
may direct that it be sold | 287 |
as one tract or in separate parcels, and shall
direct whether | 288 |
appraisers shall be selected for each county or one set for
all; | 289 |
and whether publication of the sale shall be made in all the | 290 |
counties, or
in one county only. | 291 |
(C) In the case of foreclosures of real property, including | 312 |
foreclosures for taxes, mortgages, judgment liens, and other valid | 313 |
liens, the description of the property, the order of sale, order | 314 |
to transfer, and any deed or deed forms may be prepared, adopted, | 315 |
and otherwise approved in advance by the court having jurisdiction | 316 |
or the county board of revision with jurisdiction pursuant to | 317 |
section 323.66 of the Revised Code, directly commanding the | 318 |
sheriff to sell, convey, or deliver possession of the property as | 319 |
commanded in that order. In those cases, the clerk shall | 320 |
journalize the order and deliver that writ or order to the sheriff | 321 |
for execution. If the property is sold under an order of sale or | 322 |
transferred under an order to transfer, the officer who conducted | 323 |
the sale or made the transfer of the property shall collect the | 324 |
recording fee and any associated costs to cover the recording from | 325 |
the purchaser or transferee at the time of the sale or transfer | 326 |
and, following confirmation of the sale or transfer and the | 327 |
payment of the balance due on the purchase price of the property, | 328 |
shall execute
and record the deed conveying title to the property | 329 |
to the
purchaser or transferee. For purposes of recording that | 330 |
deed, by
placement of a bid or making a statement of interest by | 331 |
any party
ultimately awarded the property, the purchaser or | 332 |
transferee
thereby appoints the officer who makes the sale or is | 333 |
charged with
executing and delivering the deed as agent for that | 334 |
purchaser or
transferee for the sole purpose of accepting | 335 |
delivery of the deed. | 336 |
Sec. 2329.17. (A) When execution is levied upon lands and | 337 |
tenements, the officer
who makes the levy shall call an inquest of | 338 |
three disinterested freeholders,
residents of the county where the | 339 |
lands taken in execution are situated, and
administer to them an | 340 |
oath impartially to appraise the property so levied
upon, upon | 341 |
actual view. They forthwith shall return to such officer, under | 342 |
their hands, an estimate of the real value of the property in | 343 |
money. | 344 |
Sec. 2329.19. Upon the return of the estimate provided for | 354 |
in division (A) of section 2329.17 of the Revised
Code, if it | 355 |
appears by the inquisition that two thirds of the appraised value | 356 |
of the lands and tenements levied upon is sufficient to satisfy | 357 |
the execution,
with costs, the judgment on which the execution | 358 |
issued shall not operate as a
lien on the residue of the debtor's | 359 |
estate to the prejudice of any other
judgment creditor. | 360 |
(B) In every action demanding the judicial sale of | 364 |
residential real estate consisting of one to four single-family | 365 |
units, the party seeking that judicial sale shall file with the | 366 |
clerk of the court of common pleas within fourteen days after | 367 |
filing the pleadings requesting relief a preliminary judicial | 368 |
report on a form that is approved by the department of insurance | 369 |
that is prepared and issued by a duly licensed title insurance | 370 |
agent on behalf of a licensed title insurance company or by a | 371 |
title insurance company that is authorized by the department of | 372 |
insurance to transact business in this state. The preliminary | 373 |
judicial report shall be effective within thirty days prior to the | 374 |
filing of the complaint or other pleading requesting a judicial | 375 |
sale and shall include at least all of the following: | 376 |
Prior to submitting any order or judgment entry to a court | 399 |
that would order the sale of the residential real estate, the | 400 |
party submitting the order or judgment entry shall file with the | 401 |
clerk of the court of common pleas a final judicial report that | 402 |
updates the state of the record title to that real estate from the | 403 |
effective date of the preliminary judicial report through the date | 404 |
of lis pendens and includes a copy of the court's docket for the | 405 |
case. The cost of the title examination necessary for the | 406 |
preparation of both the preliminary judicial report and the final | 407 |
judicial report together with the premiums for those reports | 408 |
computed as required by the department of insurance, based on the | 409 |
fair market value of the real estate, or in the case of a | 410 |
foreclosure, the principal balance of the mortgage or other lien | 411 |
being foreclosed on or any other additional amount as may be | 412 |
ordered by the court shall be taxed as costs in the case. | 413 |
(C) In every action demanding the judicial sale of | 414 |
residential real estate consisting of more than four single-family | 415 |
units or of commercial real estate, the party seeking that | 416 |
judicial sale shall file with the clerk of the court of common | 417 |
pleas within fourteen days after filing the pleadings requesting | 418 |
relief either a preliminary judicial report or a commitment for an | 419 |
owner's fee policy of title insurance on the form approved by the | 420 |
department of insurance that is prepared and issued by a duly | 421 |
licensed title insurance agent on behalf of a licensed title | 422 |
insurance company. Division (B) of this section applies if the | 423 |
party seeking the judicial sale files a preliminary judicial | 424 |
report. If the party seeking the judicial sale files a commitment | 425 |
for an owner's fee policy of title insurance, the commitment shall | 426 |
have an effective date
within fourteen days prior to the filing | 427 |
of the complaint or other
pleading requesting a judicial sale and | 428 |
shall contain at least all
of the information required in | 429 |
divisions (B)(1) to (7) of this
section. The commitment shall | 430 |
cover each parcel of real estate to
be sold, shall include the | 431 |
amount of the successful bid at the
judicial sale, shall show the | 432 |
purchaser at the judicial sale as
the proposed insured, and shall | 433 |
not expire until thirty days after
the recordation of the deed by | 434 |
the officer who makes the sale to
that purchaser. After the | 435 |
officer's return of the order of sale
and prior to the | 436 |
confirmation of the sale, the party requesting
the order of sale | 437 |
shall cause an invoice for the cost of the title
insurance | 438 |
policy, commitment cost related expenses, and
cancellation fees, | 439 |
if any, to be filed with the clerk of the court
of common pleas. | 440 |
The amount of the invoice shall be taxed as costs
in the case. | 441 |
The purchaser at the judicial sale may, by paying the
premium for | 442 |
the title insurance policy, obtain the issuance of
title | 443 |
insurance in accordance with the commitment. | 444 |
Sec. 2329.23. All notices and advertisements for the sale of | 445 |
lands and
tenements located in a municipal corporation, made by | 446 |
virtue of the
proceedings in a court of record therein, in | 447 |
addition to a description of suchthe
lands and tenements, shall | 448 |
contain the street number of the buildings erected
on the lands, | 449 |
or the street number of the lots offered for sale. If no such | 450 |
number exists, then the notice or advertisement mustshall contain | 451 |
the name of the
street or road upon which suchthe lands and | 452 |
tenements are located, together with
the names of the streets or | 453 |
roads immediately north and south or east and west
of suchthe | 454 |
lands and tenements that cross or intersect the street or road | 455 |
upon
which they are located. The notice or advertisement shall, if | 456 |
applicable, include the web site address of the officer who makes | 457 |
the sale that allows a person to obtain a complete legal | 458 |
description of the lands and tenements. | 459 |
(2) The officer taking the lands and tenements
gives
public | 481 |
notice of the date, time, and place of the
sale for
at least | 482 |
thirty daysthree weeks before the day of sale by advertisement in | 483 |
a
newspaper
published in and of general circulation in the county. | 484 |
The court
ordering
the sale may designate in the order of sale | 485 |
the newspaper
in which
this public notice
shall be published, and | 486 |
this public
notice is subject to
division (A) of section 2329.27 | 487 |
of the
Revised
Code. | 488 |
Sec. 2329.27. (A) When the
public notice required by | 495 |
division (A)(2) of
section 2329.26 of the Revised Code is made in | 496 |
a newspaper
published weekly, it is sufficient to insert it for | 497 |
three
consecutive weeks. If both a daily and weekly edition
of the | 498 |
paper are published and the circulation of the
daily in the
county | 499 |
exceeds that of the weekly in the county, or if the lands and | 500 |
tenements
taken in execution are situated in a city, both a daily | 501 |
and weekly edition of
the paper
are published,
and the circulation | 502 |
of the daily in that city exceeds
the circulation of the
weekly in | 503 |
that city, it is sufficient to publish the
public notice in the | 504 |
daily once a week for three consecutive weeks before the day of | 505 |
sale, each insertion to be on the same day of the week. The | 506 |
expense of that publication in a daily shall not exceed the
cost | 507 |
of publishing it in a weekly. | 508 |
(B)(1) Subject to divisions (B)(2) and (3) of this
section, | 509 |
all sales of lands and tenements taken in execution that
are made | 510 |
without compliance with the written notice requirements of | 511 |
division (A)(1)(a) of section 2329.26 of the Revised Code and, the | 512 |
public notice requirements of division (A)(2) of that section, the | 513 |
purchaser information requirements of section 2329.271 of the | 514 |
Revised Code, and
division (A) of this section shall be set aside, | 515 |
on motion by any interested party, by
the court to which the | 516 |
execution is returnable. | 517 |
(2) Proof of service endorsed upon a
copy of the written | 518 |
notice required by division
(A)(1)(a)
of section 2329.26 of the | 519 |
Revised
Code shall be conclusive
evidence of the service of the | 520 |
written notice in compliance with
the requirements of that | 521 |
division, unless a party files a motion
to set aside the sale of | 522 |
the lands and tenements pursuant to
division (B)(1) of this | 523 |
section
and establishes by a preponderance of the evidence that | 524 |
the
proof of service is fraudulent. | 525 |
(b) If the lands and tenements taken in execution are | 552 |
residential rental property and the residential rental property is | 553 |
purchased by a trust, business trust, estate, partnership, limited | 554 |
partnership, limited liability company, association, corporation, | 555 |
or any other business entity, the name, address, and telephone | 556 |
number of the following with the provision that the purchaser be | 557 |
readily accessible through the identified contact person: | 558 |
(2) If the lands and tenements taken in execution are not | 571 |
residential rental property and the purchaser of those lands and | 572 |
tenements is a corporation, partnership, association, estate, | 573 |
trust, or other business organization the only place of business | 574 |
of which is in the county in which the real property is located, | 575 |
the information required by divisions (A)(1)(a) and (c) of this | 576 |
section shall
be the contact information for the office of an | 577 |
employee of the
purchasing entity that is located in
that county | 578 |
and that the
purchasing entity has designated to
receive notices | 579 |
or inquiries
about the property. If the purchasing
entity has a | 580 |
place of
business outside the county in which the
real property | 581 |
is located
and the purchasing entity's principal
place of | 582 |
business is
located in this state, the information
required by | 583 |
divisions
(A)(1)(a) and (c) of this section shall be the contact | 584 |
information for the
office of an employee of the purchasing | 585 |
entity that is located in
this state and
that the purchasing | 586 |
entity has designated to
receive notices or inquiries about the | 587 |
property. If the
purchasing entity's principal place of business | 588 |
is
not located in
this state, the information required by | 589 |
divisions
(A)(1)(a) and (c) of this
section shall be the contact | 590 |
information for a natural person who
is
employed by the | 591 |
purchasing entity at the purchasing entity's
principal place of | 592 |
business outside of this state and whom the
purchasing entity has | 593 |
designated to receive notices or inquiries
about the property. | 594 |
Sec. 2329.272. (A) The officer who will make the sale of | 599 |
lands and tenements that are delinquent vacant tenements or | 600 |
premises or abandoned
tenements or premises may hold an open | 601 |
house of the delinquent vacant tenements or premises or
abandoned | 602 |
tenements or premises to allow any person to view the delinquent | 603 |
vacant
tenements or premises or abandoned tenements or premises | 604 |
prior to the sale. The officer may include
a notice of the open | 605 |
house in the public notice of the date, time,
and place of the | 606 |
sale pursuant to section 2329.26 of the Revised
Code. The officer | 607 |
is not required to give those persons who view
the delinquent | 608 |
vacant tenements or premises or abandoned tenements or premises | 609 |
any advice regarding
the tenements or premises. | 610 |
Sec. 2329.30. The court from which an execution or order of | 617 |
sale issues, upon
notice and motion of the officer who makes the | 618 |
sale, or of an interested
party, shallmay punish as for contempt | 619 |
any
purchaser of real propertylands and tenements who fails
to | 620 |
pay
within thirty days of the confirmation of the sale the | 621 |
purchase
money thereforbalance due on the purchase price of the | 622 |
lands and
tenements by forfeiting the sale of the lands and | 623 |
tenements and returning any deposit paid in connection with the | 624 |
sale of the lands and tenements, by forfeiting any deposit paid in | 625 |
connection with the sale of the lands and tenements, as
for | 626 |
contempt, or in any other manner the court considers
appropriate. | 627 |
Sec. 2329.31. (A) Upon the return of any writ of execution | 628 |
for
the satisfaction
of
which lands and tenements have been sold, | 629 |
on
careful examination of the
proceedings of the officer making | 630 |
the
sale, if the court of common pleas finds
that the sale was | 631 |
made,
in all respects, in conformity with sections 2329.01
to | 632 |
2329.61,
inclusive, of the Revised Code, it shall, within thirty | 633 |
days of
the return of the writ, direct the clerk of the
court of | 634 |
common
pleas to make an entry on the journal that the court is | 635 |
satisfied
of the legality of such sale, and that the officer | 636 |
attorney who filed the writ of execution make to the
purchaser a | 637 |
deed for the lands and tenements. Nothing in this
section | 638 |
prevents the court of common pleas from staying the
confirmation | 639 |
of the sale to permit a property owner time to redeem
the | 640 |
property or for any other reason that it determines is | 641 |
appropriate. In those instances, the sale shall be confirmed | 642 |
within thirty days after the termination of any stay of | 643 |
confirmation. | 644 |
Sec. 2329.36. An officer, including a master
commissioner | 649 |
and a special
master, who sells real property, on
confirmation of | 650 |
the sale, must(A) The attorney who files the writ of execution | 651 |
shall, not later than seven days after the filing of the order of | 652 |
confirmation of sale pursuant to section 2329.31 of the Revised | 653 |
Code, make to the
purchaser a deed,
containing the names of the | 654 |
parties to the judgment, the
names of
the owners of the property | 655 |
sold, a reference to the volume and
page
of the recording of the | 656 |
next preceding recorded instrument by
or through which
the owners | 657 |
claim title, the date and amount of
the judgment, the substance | 658 |
of
the execution or order on which the
property was sold, the | 659 |
substance of the
officer's return thereon,
and the order of | 660 |
confirmation and deliver the deed to the officer who sold the real | 661 |
property. The deed shall be
executed,
acknowledged,
and recorded | 662 |
as other deeds. The officer or the officer's legal representative | 663 |
may review
and approve or reject the deed for form and substance. | 664 |
(C) The officer who sells the real property shall record the | 669 |
deed, or
for registered land file the documents required by | 670 |
section 5309.64
of the Revised Code, with the county recorder | 671 |
within fourteen business days
of the date the purchaser pays the | 672 |
balance
due on the purchase price of the lands and tenements. The | 673 |
officer
shall charge
the purchaser a fee to cover the actual | 674 |
costs of
recording the
deed or filing the documents. | 675 |
(B) In any county that has
adopted a permanent parcel | 682 |
system, the parcel may be described in
the notice described in | 683 |
division (A) of this section by listing the complete street | 684 |
address and the
parcel number, instead of
also with a complete | 685 |
legal
description, or the parcel may be described in the notice | 686 |
by listing the complete street address of the parcel and by | 687 |
indicating that the complete legal description of the parcel may | 688 |
be obtained from the county auditor. | 689 |
Sec. 5309.64. (A) Whenever registered land is sold to | 695 |
satisfy any judgment,
decree, or order of a court, or the title is | 696 |
transferred or affected by a
decree or judgment of a court, the | 697 |
purchaser, or the person in whose favor
such
decree was rendered, | 698 |
on filing with the county recorder a certificate that the
terms of | 699 |
sale have been complied with and a certified copy of the order of | 700 |
sale
and return thereof and confirmation, or a certified copy of | 701 |
the decree of the
court transferring or affecting the title, as | 702 |
the case may be, is entitled to
have the property transferred to | 703 |
himthe purchaser or person in
whose favor the decree was rendered | 704 |
and histhe title registered accordingly and
a
new certificate of | 705 |
title issued therefor. | 706 |
Sec. 5721.18. The county prosecuting attorney, upon the | 714 |
delivery to the prosecuting attorney by the county auditor
of a | 715 |
delinquent land or
delinquent vacant land tax certificate, or of a | 716 |
master list of
delinquent or delinquent vacant tracts, shall | 717 |
institute a
foreclosure proceeding under this section in the name | 718 |
of the
county treasurer to foreclose the lien of the state, in any | 719 |
court
with jurisdiction or in the county board of revision with | 720 |
jurisdiction pursuant to section 323.66 of the Revised Code, | 721 |
unless the taxes, assessments, charges,
penalties, and interest | 722 |
are paid prior to the time a complaint is
filed, or unless a | 723 |
foreclosure or foreclosure and forfeiture
action has been or will | 724 |
be instituted under section 323.25 or
5721.14 of the Revised Code. | 725 |
If the delinquent land or delinquent vacant land tax certificate | 726 |
or the
master list of delinquent or delinquent vacant tracts lists | 727 |
minerals or rights
to minerals listed pursuant to sections | 728 |
5713.04, 5713.05, and 5713.06 of the
Revised Code,
the county | 729 |
prosecuting attorney may institute a foreclosure proceeding in the | 730 |
name of the county treasurer, in any court with jurisdiction, to | 731 |
foreclose the
lien of the state against such minerals or rights to | 732 |
minerals, unless the
taxes, assessments, charges, penalties, and | 733 |
interest are paid prior to the
time
the complaint is filed, or | 734 |
unless a foreclosure or foreclosure and forfeiture
action has been | 735 |
or will be instituted under section 323.25 or 5721.14 of the | 736 |
Revised Code. | 737 |
The prosecuting attorney shall
prosecute the proceeding
to | 738 |
final judgment and satisfaction. Within ten days after obtaining a | 739 |
judgment, the prosecuting attorney shall notify the treasurer in | 740 |
writing that
judgment has been rendered. If there is a copy of a | 741 |
written delinquent tax contract attached to the
certificate or an | 742 |
asterisk
next to an entry on the master list, or if a copy of a | 743 |
delinquent tax
contract is received from the auditor
prior to the | 744 |
commencement of the proceeding under this section, the
prosecuting | 745 |
attorney shall not institute the proceeding under
this section, | 746 |
unless the prosecuting attorney receives a
certification of the | 747 |
treasurer
that the delinquent tax contract has become void. | 748 |
(A) This division applies to all foreclosure proceedings
not | 749 |
instituted and prosecuted under section 323.25 of the Revised
Code | 750 |
or division (B) or (C) of this section. The foreclosure | 751 |
proceedings shall be instituted and prosecuted in the same manner | 752 |
as is provided by law for the foreclosure of mortgages on land, | 753 |
except that, if service by publication is necessary, such | 754 |
publication shall be made once a week for three consecutive weeks | 755 |
instead of as provided by the Rules of Civil Procedure, and the | 756 |
service shall be complete at the expiration of three weeks after | 757 |
the date of the first publication. In any proceeding prosecuted | 758 |
under this section, if the prosecuting attorney determines that | 759 |
service upon a defendant may be obtained ultimately only by | 760 |
publication, the prosecuting attorney may cause service to be
made | 761 |
simultaneously by certified mail,
return receipt requested, | 762 |
ordinary mail, and
publication. | 763 |
In any county that has adopted a permanent parcel number | 764 |
system, the parcel may be described in the notice by parcel
number | 765 |
only, instead of also with a complete legal description,
if the | 766 |
prosecuting attorney determines that the publication of
the | 767 |
complete legal description is not necessary to provide
reasonable | 768 |
notice of the foreclosure proceeding to the interested
parties. If | 769 |
the complete legal description is not published, the
notice shall | 770 |
indicate where the complete legal description may be
obtained. | 771 |
It is sufficient, having been made a proper party to the | 772 |
foreclosure proceeding, for the treasurer to allege in the | 773 |
treasurer's
complaint that the certificate or master list has been | 774 |
duly filed
by the auditor, that the amount of money appearing to | 775 |
be due and
unpaid is due and unpaid, and that there is a lien | 776 |
against the
property described in the certificate or master list, | 777 |
without
setting forth in the complaint any other or special matter | 778 |
relating to the foreclosure proceeding. The prayer of the | 779 |
complaint shall be that the court or the county board of revision | 780 |
with jurisdiction pursuant to section 323.66 of the Revised Code | 781 |
issue an order that the
property be sold or conveyed by the | 782 |
sheriff, or if the action is in the
municipal court by the | 783 |
bailiff, in the manner provided in section
5721.19 of the Revised | 784 |
Code. | 785 |
In the foreclosure proceeding, the treasurer may join in
one | 786 |
action any number of lots or lands, but the decree shall be | 787 |
rendered separately, and any proceedings may be severed, in the | 788 |
discretion of the court or board of revision, for the purpose of | 789 |
trial or appeal, and
the court or board of revision shall make | 790 |
such order for the payment of costs as is
considered proper. The | 791 |
certificate or master list filed by the
auditor with the | 792 |
prosecuting attorney is prima-facie evidence at
the trial of the | 793 |
foreclosure action of the amount and validity of
the taxes, | 794 |
assessments, charges, penalties, and interest
appearing due and | 795 |
unpaid and of their nonpayment. | 796 |
(B) Foreclosure proceedings constituting an action in rem
may | 797 |
be commenced by the filing of a complaint after the end of
the | 798 |
second year from the date on which the delinquency was first | 799 |
certified by the auditor. Prior to filing such an action in rem, | 800 |
the prosecuting attorney shall cause a title search to be | 801 |
conducted for the purpose of identifying any lienholders or other | 802 |
persons with interests in the property subject to foreclosure. | 803 |
Following the title search, the action in rem shall be instituted | 804 |
by filing in the office of the clerk of a court with jurisdiction | 805 |
a complaint bearing a caption substantially in the form set forth | 806 |
in division (A) of section 5721.181 of the Revised Code. | 807 |
Any number of parcels may be joined in one action. Each | 808 |
separate parcel included in a complaint shall be given a serial | 809 |
number and shall be separately indexed and docketed by the clerk | 810 |
of the court in a book kept by the clerk for such purpose. A | 811 |
complaint shall contain the permanent parcel number of each
parcel | 812 |
included in it, the full street address of the parcel when | 813 |
available, a description of the parcel as set forth in the | 814 |
certificate or master list, the name and address of the last
known | 815 |
owner of the parcel if they appear on the general tax list,
the | 816 |
name and address of each lienholder and other person with an | 817 |
interest in the parcel identified in the title search relating to | 818 |
the parcel that is required by this division, and the amount of | 819 |
taxes, assessments, charges, penalties, and interest due and | 820 |
unpaid with respect to the parcel. It is sufficient for the | 821 |
treasurer to allege in the complaint that the
certificate or | 822 |
master list has been duly filed by the auditor with respect to | 823 |
each parcel listed, that the amount of money with respect to each | 824 |
parcel appearing to be due and unpaid is due and unpaid, and that | 825 |
there is a lien against each parcel, without setting forth any | 826 |
other or special matters. The prayer of the complaint shall be | 827 |
that the court issue an order that the land described in the | 828 |
complaint be sold in the manner provided in section 5721.19 of
the | 829 |
Revised Code. | 830 |
(1) Within thirty days after the filing of a complaint,
the | 831 |
clerk of the court in which the complaint was filed shall
cause a | 832 |
notice of foreclosure substantially in the form of the
notice set | 833 |
forth in division (B) of section 5721.181 of the
Revised Code to | 834 |
be published once a week for three consecutive
weeks in a | 835 |
newspaper of general circulation in the county. In
any county that | 836 |
has adopted a permanent parcel number system, the
parcel may be | 837 |
described in the notice by parcel number only,
instead of also | 838 |
with a complete legal description, if the
prosecuting attorney | 839 |
determines that the publication of the
complete legal description | 840 |
is not necessary to provide reasonable
notice of the foreclosure | 841 |
proceeding to the interested parties.
If the complete legal | 842 |
description is not published, the notice
shall indicate where the | 843 |
complete legal description may be
obtained. | 844 |
Within thirty days after the filing of a complaint and
before | 851 |
the final date of publication of the notice of
foreclosure, the | 852 |
clerk of the court also shall cause a copy of a
notice | 853 |
substantially in the form of the notice set forth in
division (C) | 854 |
of section 5721.181 of the Revised Code to be mailed
by certified | 855 |
mail, with postage prepaid, to each person named in
the complaint | 856 |
as being the last known owner of a parcel included
in it, or as | 857 |
being a lienholder or other person with an interest
in a parcel | 858 |
included in it. The notice shall be sent to the
address of each | 859 |
such person, as set forth in the complaint, and
the clerk shall | 860 |
enter the fact of such mailing upon the
appearance docket. If the | 861 |
name and address of the last known
owner of a parcel included in a | 862 |
complaint is not set forth in it,
the auditor shall file an | 863 |
affidavit with the clerk stating that
the name and address of the | 864 |
last known owner does not appear on
the general tax list. | 865 |
(2)(a) An answer may be filed in an action in rem under
this | 866 |
division by any person owning or claiming any right, title,
or | 867 |
interest in, or lien upon, any parcel described in the
complaint. | 868 |
The answer shall contain the caption and number of
the action and | 869 |
the serial number of the parcel concerned. The
answer shall set | 870 |
forth the nature and amount of interest claimed
in the parcel and | 871 |
any defense or objection to the foreclosure of
the lien of the | 872 |
state for delinquent taxes, assessments, charges,
penalties, and | 873 |
interest as shown in the complaint. The answer
shall be filed in | 874 |
the office of the clerk of the court, and a
copy of the answer | 875 |
shall be served on the prosecuting attorney,
not later than | 876 |
twenty-eight days after the date of final
publication of the | 877 |
notice of foreclosure. If an answer is not
filed within such time, | 878 |
a default judgment may be taken as to any
parcel included in a | 879 |
complaint as to which no answer has been
filed. A default judgment | 880 |
is valid and effective with respect to
all persons owning or | 881 |
claiming any right, title, or interest in,
or lien upon, any such | 882 |
parcel, notwithstanding that one or more
of such persons are | 883 |
minors, incompetents, absentees or
nonresidents of the state, or | 884 |
convicts in confinement. | 885 |
(3) At the trial of an action in rem under this division,
the | 898 |
certificate or master list filed by the auditor with the | 899 |
prosecuting attorney shall be prima-facie evidence of the amount | 900 |
and validity of the taxes, assessments, charges, penalties, and | 901 |
interest appearing due and unpaid on the parcel to which the | 902 |
certificate or master list relates and their nonpayment. If an | 903 |
answer is properly filed, the court may, in its discretion, and | 904 |
shall, at the request of the person filing the answer, grant a | 905 |
severance of the proceedings as to any parcel described in such | 906 |
answer for purposes of trial or appeal. | 907 |
(2) The names and addresses of lienholders and persons
with | 918 |
an interest in the parcel shall not be contained in the
complaint, | 919 |
and notice shall not be mailed to lienholders and
persons with an | 920 |
interest as provided in division (B)(1) of this
section, except | 921 |
that the name and address of a receiver under
section 3767.41 of | 922 |
the Revised Code shall be contained in the
complaint and notice | 923 |
shall be mailed to the receiver. | 924 |
(a) The notice of foreclosure prescribed by division (B)
of | 928 |
section 5721.181 of the Revised Code shall be revised to
exclude | 929 |
any reference to the inclusion of the name and address of
each | 930 |
lienholder and other person with an interest in the parcel | 931 |
identified in a statutorily required title search relating to the | 932 |
parcel, and to exclude any such names and addresses from the | 933 |
published notice, except that the revised notice shall refer to | 934 |
the inclusion of the name and address of a receiver under section | 935 |
3767.41 of the Revised Code and the published notice shall
include | 936 |
the receiver's name and address. The notice of
foreclosure also | 937 |
shall include the following in boldface type: | 938 |
"If pursuant to the action the parcel is sold, the sale
shall | 939 |
not affect or extinguish any lien or encumbrance with
respect to | 940 |
the parcel other than a receiver's lien and other than
the lien | 941 |
for land taxes, assessments, charges, interest, and
penalties for | 942 |
which the lien is foreclosed and in satisfaction of
which the | 943 |
property is sold. All other liens and encumbrances
with respect to | 944 |
the parcel shall survive the sale." | 945 |
Sec. 5721.19. (A) In its judgment of foreclosure rendered | 969 |
with respect to actions filed pursuant to section 5721.18 of the | 970 |
Revised Code, the court or the county board of revision with | 971 |
jurisdiction pursuant to section 323.66 of the Revised Code shall | 972 |
enter a finding with respect to
each
parcel of the amount of the | 973 |
taxes, assessments, charges,
penalties, and interest, and the | 974 |
costs incurred in the
foreclosure
proceeding instituted against | 975 |
it, whichthat are due and
unpaid. The
court or the county board | 976 |
of revision shall order such premises to be transferred pursuant | 977 |
to division (I) of this section or may order each parcel to be | 978 |
sold, without
appraisal, for not
less than either of the | 979 |
following: | 980 |
(2) The total amount of the finding entered by the court,or | 984 |
the county board of revision,
including all taxes, assessments, | 985 |
charges, penalties, and
interest
payable subsequent to the | 986 |
delivery to the county
prosecuting
attorney of the delinquent land | 987 |
tax certificate or
master list of
delinquent tracts and prior to | 988 |
the transfer of the
deed of the
parcel to the purchaser following | 989 |
confirmation of
sale, plus the
costs incurred in the foreclosure | 990 |
proceeding. For purposes of
determining such amount, the county | 991 |
treasurer may estimate the
amount of taxes, assessments,
interest, | 992 |
penalties, and costs that
will be payable at the time the deed
of | 993 |
the property is
transferred to the purchaser. | 994 |
Notwithstanding the minimum sales price provisions of | 995 |
divisions (A)(1) and (2)
of this section to the contrary, a parcel | 996 |
sold pursuant to this section shall
not be sold for less than the | 997 |
amount described in division (A)(2) of this
section if the highest | 998 |
bidder is the owner of record of the parcel immediately
prior to | 999 |
the judgment of foreclosure or a member of the following class of | 1000 |
parties connected to that owner: a member of that owner's | 1001 |
immediate family, a
person with a power of attorney appointed by | 1002 |
that owner who subsequently
transfers the parcel to the owner, a | 1003 |
sole proprietorship owned by that owner
or
a member of that | 1004 |
owner's immediate family, or a partnership,
trust, business trust, | 1005 |
corporation, or association in which the owner or a member of
the | 1006 |
owner's immediate
family owns or controls directly or indirectly | 1007 |
more than fifty per cent. If a
parcel sells for less than the | 1008 |
amount described in division (A)(2) of this
section, the officer | 1009 |
conducting the sale shall require the buyer to complete
an | 1010 |
affidavit stating that the buyer is not the owner of record | 1011 |
immediately prior
to the judgment of foreclosure or a member of | 1012 |
the specified class of parties
connected to that owner, and the | 1013 |
affidavit shall become part of the court
records of the | 1014 |
proceeding. If the county auditor discovers within three years | 1015 |
after the date of the sale that a parcel was sold to that owner or | 1016 |
a member of
the specified class of parties connected to that owner | 1017 |
for a price less than
the amount so described, and if the parcel | 1018 |
is still owned by that owner or a
member of the specified class of | 1019 |
parties connected to that owner, the auditor
within thirty days | 1020 |
after such discovery shall add the difference between that
amount | 1021 |
and the sale price to the amount of taxes that then stand charged | 1022 |
against the parcel and is payable at the next succeeding date for | 1023 |
payment of
real property taxes. As used in this paragraph, | 1024 |
"immediate family" means a
spouse who resides in the same | 1025 |
household and children. | 1026 |
The notice of the advertisement shall be substantially in
the | 1037 |
form of the notice set forth in section 5721.191 of the
Revised | 1038 |
Code. In any county that has adopted a permanent parcel
number | 1039 |
system, the parcel may be described in the notice by
parcel number | 1040 |
only, instead of also with a complete legal
description, if the | 1041 |
prosecuting attorney determines that the
publication of the | 1042 |
complete legal description is not necessary to
provide reasonable | 1043 |
notice of the foreclosure sale to potential
bidders. If the | 1044 |
complete legal description is not published, the
notice shall | 1045 |
indicate where the complete legal description may be
obtained. | 1046 |
(C)(1) Whenever the officer charged to conduct the sale | 1047 |
offers any parcel for sale the officer first shall read aloud a | 1048 |
complete legal description of the parcel, or in the alternative, | 1049 |
may read aloud only a summary description, including the complete | 1050 |
street address of the parcel, if any, and a parcel number if
the | 1051 |
county has adopted a permanent parcel number system and if the | 1052 |
advertising notice prepared pursuant to this section includes a | 1053 |
complete legal description or indicates where the complete legal | 1054 |
description may be obtained. Whenever the officer charged to | 1055 |
conduct the sale
offers any parcel for sale and no bids are made | 1056 |
equal to the
lesser of the amounts described in divisions (A)(1) | 1057 |
and (2) of
this section, the officer shall adjourn the sale of the | 1058 |
parcel to
the
second date that was specified in the advertisement | 1059 |
of sale.
The
second date shall be not less than two weeks or more | 1060 |
than six
weeks from the day on which the parcel was first offered | 1061 |
for
sale.
The second sale shall be held at the same place and | 1062 |
commence at
the same time as set forth in the advertisement of | 1063 |
sale. The
officer shall offer any parcel not sold at the first | 1064 |
sale. Upon
the conclusion of any sale, or if any parcel remains | 1065 |
unsold after
being offered at two sales, the officer conducting | 1066 |
the sale shall
report the results to the court. | 1067 |
(2)(a) If a parcel remains unsold after being offered at
two | 1068 |
sales, or if a parcel sells at any sale but the amount of the | 1069 |
price is less than the costs incurred in the proceeding
instituted | 1070 |
against the parcel under section 5721.18 of the
Revised Code, then | 1071 |
the clerk of the court shall certify to the
county auditor the | 1072 |
amount of those costs that remains unpaid. At
the next semiannual | 1073 |
apportionment of real property taxes that
occurs following any | 1074 |
such certification, the auditor shall reduce
the real property | 1075 |
taxes that the auditor otherwise would
distribute to
each taxing | 1076 |
district. In making the reductions, the auditor
shall subtract | 1077 |
from the otherwise distributable real property
taxes to a taxing | 1078 |
district an amount that shall be determined by
multiplying the | 1079 |
certified costs by a fraction the numerator of
which shall be the | 1080 |
amount of the taxes, assessments, charges,
penalties, and interest | 1081 |
on the parcel owed to that taxing
district at the time the parcel | 1082 |
first was offered for sale
pursuant to this section, and the | 1083 |
denominator of which shall be
the total of the taxes, assessments, | 1084 |
charges, penalties, and
interest on the parcel owed to all the | 1085 |
taxing districts at that
time. The auditor promptly shall pay to | 1086 |
the clerk of the court
the amounts of the reductions. | 1087 |
(b) If reductions occur pursuant to division (C)(2)(a) of | 1088 |
this section, and if at a subsequent time a parcel is sold at a | 1089 |
foreclosure sale or a forfeiture sale pursuant to Chapter 5723.
of | 1090 |
the Revised Code, then, notwithstanding other provisions of
the | 1091 |
Revised Code, except section 5721.17 of the Revised Code, | 1092 |
governing the distribution of the proceeds of a foreclosure or | 1093 |
forfeiture sale, the proceeds first shall be distributed to | 1094 |
reimburse the taxing districts subjected to reductions in their | 1095 |
otherwise distributable real property taxes. The distributions | 1096 |
shall be based on the same proportions used for purposes of | 1097 |
division (C)(2)(a) of this section. | 1098 |
(3) Following the payment required by division (D)(2) of
this | 1115 |
section, the amount found due for taxes, assessments,
charges, | 1116 |
penalties, and interest shall be paid, including all
taxes, | 1117 |
assessments, charges, penalties, and interest payable
subsequent | 1118 |
to the delivery to the county prosecuting attorney of
the | 1119 |
delinquent land tax certificate or master list of delinquent | 1120 |
tracts and prior to the transfer of the deed of the parcel to the | 1121 |
purchaser following confirmation of sale. If the proceeds | 1122 |
available for distribution pursuant to division (D)(3) of this | 1123 |
section are
sufficient to pay the entire amount of
those taxes, | 1124 |
assessments, charges, penalties, and interest,
the
portion of the | 1125 |
proceeds
representing taxes, interest, and
penalties shall be paid | 1126 |
to each claimant in
proportion to the
amount of taxes levied by | 1127 |
the claimant in the preceding
tax year,
and the amount | 1128 |
representing assessments and other charges shall be
paid to each | 1129 |
claimant in the order in which they became due. If
the proceeds | 1130 |
are not sufficient to pay that entire amount, the
proportion of | 1131 |
the
proceeds
representing taxes, penalties, and
interest shall
be | 1132 |
paid to each claimant in
the same proportion
that
the amount of
| 1133 |
taxes
levied by the claimant against the
parcel in the preceding | 1134 |
tax year
bears to the taxes levied by all
such claimants against | 1135 |
the parcel
in the preceding tax year, and
the proportion of the | 1136 |
proceeds
representing items of assessments
and other charges shall | 1137 |
be
credited to those items in the order in
which they became due. | 1138 |
(E) If the proceeds from the sale of a parcel are | 1139 |
insufficient to pay in full the amount of the taxes, assessments, | 1140 |
charges, penalties, and interest which are due and unpaid; the | 1141 |
costs incurred in the foreclosure proceeding instituted against
it | 1142 |
which are due and unpaid; and, if division (B)(1) of section | 1143 |
5721.17 of the Revised Code is applicable, any notes issued by a | 1144 |
receiver pursuant to division (F) of section 3767.41 of the | 1145 |
Revised Code and any receiver's lien as defined in division
(C)(4) | 1146 |
of section 5721.18 of the Revised Code, the court,
pursuant to | 1147 |
section 5721.192 of the Revised Code, may enter a
deficiency | 1148 |
judgment against the owner of record of the parcel for
the unpaid | 1149 |
amount. If that owner of record is a corporation, the
court may | 1150 |
enter the deficiency judgment against the stockholder
holding a | 1151 |
majority of that corporation's stock. | 1152 |
If after distribution of proceeds from the sale of the
parcel | 1153 |
under division (D) of this section the amount of proceeds
to be | 1154 |
applied to pay the taxes, assessments, charges, penalties, | 1155 |
interest, and costs is insufficient to pay them in full, and the | 1156 |
court does not enter a deficiency judgment against the owner of | 1157 |
record pursuant to this division, the taxes, assessments,
charges, | 1158 |
penalties, interest, and costs shall be deemed
satisfied. | 1159 |
(F)(1) Upon confirmation of a sale, a spouse of the party | 1160 |
charged with the delinquent taxes or assessments shall thereby be | 1161 |
barred of the right of dower in the property sold, though such | 1162 |
spouse was not a party to the action. No statute of limitations | 1163 |
shall apply to such action. When the land or lots stand charged
on | 1164 |
the tax duplicate as certified delinquent, it is not necessary
to | 1165 |
make the state a party to the foreclosure proceeding, but the | 1166 |
state shall be deemed a party to such action through and be | 1167 |
represented by the county treasurer. | 1168 |
(2) Except as otherwise provided in divisions (F)(3) and
(G) | 1169 |
of this section, unless such land or lots were previously
redeemed | 1170 |
pursuant to section 5721.25 of the Revised Code, upon
the filing | 1171 |
of the entry of confirmation of sale, the title to
such land or | 1172 |
lots shall be incontestable in the purchaser and
shall be free and | 1173 |
clear of all liens and encumbrances, except a
federal tax lien | 1174 |
notice of which is properly filed in accordance
with section | 1175 |
317.09 of the Revised Code prior to the date that a
foreclosure | 1176 |
proceeding is instituted pursuant to division (B) of
section | 1177 |
5721.18 of the Revised Code and the easements and
covenants of | 1178 |
record running with the land or lots that were
created prior to | 1179 |
the time the taxes or assessments, for the
nonpayment of which the | 1180 |
land or lots are sold at foreclosure,
became due and payable. | 1181 |
(3) When proceedings for foreclosure are instituted under | 1182 |
division (C) of section 5721.18 of the Revised Code, unless the | 1183 |
land or lots were previously redeemed pursuant to section 5721.25 | 1184 |
of the Revised Code, upon the filing of the entry of confirmation | 1185 |
of sale, the title to such land or lots shall be incontestable in | 1186 |
the purchaser and shall be free of any receiver's lien as defined | 1187 |
in division (C)(4) of section 5721.18 of the Revised Code and, | 1188 |
except as otherwise provided in division (G) of this section, the | 1189 |
liens for land taxes, assessments, charges, interest, and | 1190 |
penalties for which the lien was foreclosed and in satisfaction
of | 1191 |
which the property was sold. All other liens and encumbrances
with | 1192 |
respect to the land or lots shall survive the sale. | 1193 |
(4) The title shall not be invalid because of any | 1194 |
irregularity, informality, or omission of any proceedings under | 1195 |
this chapter, or in any processes of taxation, if such | 1196 |
irregularity, informality, or omission does not abrogate the | 1197 |
provision for notice to holders of title, lien, or mortgage to,
or | 1198 |
other interests in, such foreclosed lands or lots, as
prescribed | 1199 |
in this chapter. | 1200 |
(G) If a parcel is sold under this section for the amount | 1201 |
described in division (A)(2) of this section, and the county | 1202 |
treasurer's estimate exceeds the amount of taxes, assessments, | 1203 |
interest, penalties, and costs actually payable when the deed is | 1204 |
transferred to the purchaser, the officer who conducted the sale | 1205 |
shall refund to the purchaser the difference between the estimate | 1206 |
and the amount actually payable. If the amount of taxes, | 1207 |
assessments, interest, penalties, and costs actually payable when | 1208 |
the
deed is transferred to the purchaser exceeds the county | 1209 |
treasurer's estimate, the officer shall certify the amount of the | 1210 |
excess to the treasurer, who shall enter that amount on the real | 1211 |
and public utility property tax duplicate opposite the property; | 1212 |
the amount of the excess shall be payable at the next succeeding | 1213 |
date prescribed for payment of taxes in section 323.12 of the | 1214 |
Revised Code. | 1215 |
(H) If a parcel is sold or transferred under this section or | 1216 |
sections 323.28 and 323.65 to 323.78 of the Revised Code, the | 1217 |
officer who
conducted the sale or made the transfer of the | 1218 |
property shall collect the recording fee and any associated costs | 1219 |
to cover the recording from the
purchaser or transferee at the | 1220 |
time of the sale or transfer and, following confirmation of
the | 1221 |
sale or transfer, shall prepareexecute and
record the deed | 1222 |
conveying title to the
parcel to the purchaser or transferee. For | 1223 |
purposes of recording such deed, by placement of a bid or making a | 1224 |
statement of interest by any party ultimately awarded the parcel, | 1225 |
that purchaser or transferee thereby appoints the officer who | 1226 |
makes the sale or is charged with executing and delivering the | 1227 |
deed as agent for the purchaser or transferee for the sole purpose | 1228 |
of accepting delivery of the deed. For such purposes, the | 1229 |
confirmation of any such sale or order to transfer the parcel | 1230 |
without appraisal or sale shall be deemed delivered upon the | 1231 |
confirmation of such sale or transfer. | 1232 |
(I) Notwithstanding section 5722.03 of the Revised Code, if | 1233 |
the complaint alleges that the property is delinquent vacant land | 1234 |
as defined in section 5721.01 of the Revised Code, abandoned lands | 1235 |
as defined in section 323.65 of the Revised Code, or lands | 1236 |
described in division (E) of section 5722.01 of the Revised Code, | 1237 |
and the value of the taxes, assessments, penalties, interest, and | 1238 |
all other charges and costs of the action exceed the auditor's | 1239 |
fair market value of the parcel, then the court or board of | 1240 |
revision having jurisdiction over the matter on motion of the | 1241 |
plaintiff, or on the court's or board's own motion, shall, upon | 1242 |
any adjudication of foreclosure, order, without appraisal and | 1243 |
without sale, the fee simple title of the property to be | 1244 |
transferred to and vested in an electing subdivision as defined in | 1245 |
division (A) of section 5722.01 of the Revised Code. For purposes | 1246 |
of determining whether the taxes, assessments, penalties, | 1247 |
interest,
and all other charges and costs of the action exceed | 1248 |
the actual
fair market value of the parcel, the auditor's most | 1249 |
current
valuation shall be rebuttably presumed to be, and | 1250 |
constitute prima-facie evidence of, the fair market value of the | 1251 |
parcel. In such
case, the filing for journalization of a decree | 1252 |
of foreclosure
ordering that direct transfer without appraisal or | 1253 |
sale shall
constitute confirmation of the transfer and thereby | 1254 |
terminate any
further statutory or common law right of | 1255 |
redemption. | 1256 |
Sec. 5723.01. (A)(1) Every tract of land and town lot, | 1257 |
which, pursuant to foreclosure proceedings under section 323.25
or | 1258 |
5721.18 of the Revised Code, has been advertised and offered
for | 1259 |
sale on two separate occasions, not less than two weeks
apart, and | 1260 |
not sold for want of bidders, shall be forfeited to
the state or | 1261 |
to a political subdivision pursuant to division (A)(3) of this | 1262 |
section. | 1263 |
(2) The county prosecuting attorney shall certify to the | 1264 |
court that such tract of land or town lot has been twice offered | 1265 |
for sale and not sold for want of a bidder. Such forfeiture of | 1266 |
lands and town lots shall be effective when the court by entry | 1267 |
orders such lands and town lots forfeited to the state or to a | 1268 |
political subdivision pursuant to division (A)(3) of this section. | 1269 |
A copy
of such entry shall be certified to the county auditor and, | 1270 |
after
the date of the certification, all the right, title, claim, | 1271 |
and
interest of the former owner is transferred to and vested in | 1272 |
the
state to be disposed of in compliance with this chapter. | 1273 |
(3) After having been notified pursuant to division (A)(2) of | 1274 |
this section that the tract of land or town lot has been twice | 1275 |
offered for sale and not sold for want of bidders, the court shall | 1276 |
notify the political subdivision in which the property is located | 1277 |
and offer to forfeit the property to the political subdivision, or | 1278 |
to an electing subdivision as defined in section 5722.01 of the | 1279 |
Revised Code, upon a petition from the political subdivision. If | 1280 |
the political subdivision does not petition the court within ten | 1281 |
days of the notification by the court, the court shall forfeit the | 1282 |
property to the state. If the political subdivision requests | 1283 |
through a petition to receive the property through forfeiture, the | 1284 |
forfeiture of land and town lots is effective when, by entry, the | 1285 |
court orders such lands and town lots forfeited to the political | 1286 |
subdivision. The court shall certify a copy of the entry to the | 1287 |
county auditor and, after the date of certification, all the | 1288 |
right, title, claim, and interest of the former owner is | 1289 |
transferred to and vested in the political subdivision. | 1290 |
(B) Every parcel against which a judgment of foreclosure
and | 1291 |
forfeiture is made in accordance with section 5721.16 of the | 1292 |
Revised Code is forfeited to the state on the date the court | 1293 |
enters a finding under that section. After that date, all the | 1294 |
right, title, claim, and interest of the former owner is | 1295 |
transferred to the state to be disposed of in compliance with the | 1296 |
relevant provisions of this chapter. | 1297 |
Section 2. That existing sections 323.25, 323.28, 323.47, | 1298 |
2303.11,
2323.07, 2327.01, 2327.02, 2329.17, 2329.18, 2329.19, | 1299 |
2329.23, 2329.26,
2329.27, 2329.30, 2329.31, 2329.36, 2703.26, | 1300 |
5309.64, 5721.18, 5721.19, and 5723.01
of the Revised Code are | 1301 |
hereby repealed. | 1302 |