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As Reported by the House Financial Institutions Committee
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 371 |
REPRESENTATIVES HODGES-TIBERI-BATCHELDER-MILLER-BUCHY-BRADING-
CATES-COLONNA-COUGHLIN-GARCIA-HOTTINGER-HOUSEHOLDER-MASON-
MOTTLEY-NETZLEY-REID-SCHUCK-SCHURING-TAYLOR-TERWILLEGER-
VAN VYVEN-WACHTMANN-WILLIAMS-LEWIS
A BILL
To amend sections 169.02, 323.25, 323.31, 5721.01, 5721.03, 5721.06, and
5721.10 and to enact sections 1109.65 and 5721.30 to
5721.40 of the Revised
Code to permit county treasurers of the counties
having populations of at
least two hundred thousand to collect
delinquent real property taxes by
selling certificates entitling the bearers
to liens against the property in
the amount of the
delinquency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 169.02, 323.25, 323.31, 5721.01, 5721.03,
5721.06,
and 5721.10 be amended and sections 1109.65, 5721.30, 5721.31, 5721.32,
5721.33,
5721.34, 5721.35, 5721.36, 5721.37, 5721.38, 5721.39, and 5721.40 of the
Revised Code be enacted to read as follows:
Sec. 169.02. Subject to division (B) of section 169.01 of
the Revised Code, the following constitute unclaimed funds:
(A) Any demand, savings, or matured time deposit account,
or matured certificate of deposit, together with any interest or
dividend on it, less any lawful claims, which is held or owed by
a holder which is a financial organization, unclaimed for a
period of five years;
(B) Any funds paid toward the purchase of withdrawable
shares or other interest in a financial organization, and any
interest or dividends on them, less any lawful claims, which is
held or owed by a holder which is a financial organization,
unclaimed for a period of five years;
(C) Except as provided in division (A) of section 3903.45
of the Revised Code, moneys held or owed by a holder, including a
fraternal association, providing life insurance, including
annuity or endowment coverage, unclaimed for five years after
becoming payable as established from the records of such holder
under any life or endowment insurance policy or annuity contract
which has matured or terminated. An insurance policy, the
proceeds of which are payable on the death of the insured, not
matured by proof of death of the insured is deemed matured and
the proceeds payable if such policy was in force when the insured
attained the limiting age under the mortality table on which the
reserve is based.
Moneys otherwise payable according to the records of such
holder are deemed payable although the policy or contract has not
been surrendered as required.
(D) Any deposit made to secure payment or any sum paid in
advance for utility services of a public utility and any amount
refundable from rates or charges collected by a public utility
for utility services held or owed by a holder, less any lawful
claims, that has remained unclaimed for five years after the
termination of the services for which the deposit or advance
payment was made or five years from the date the refund was
payable, whichever is earlier;
(E) Any certificates, securities as defined in section
1707.01 of the Revised Code, nonwithdrawable shares, other
instruments evidencing ownership, or rights to them or funds paid
toward the purchase of them, or any dividend, capital credit,
profit, distribution, interest, or payment on principal or other
sum, held or owed by a holder, including funds deposited with a
fiscal agent or fiduciary for payment of them, unclaimed for five
years, except, in the case of instruments representing an
ownership interest, unclaimed for seven years.
This division shall not prejudice the rights of fiscal
agents or fiduciaries for payment to return the items described
in this division to their principals, according to the terms of
an agency or fiduciary agreement, but such a return shall
constitute the principal as the holder of the items and shall not
interrupt the period for computing the time for which the items
have remained unclaimed.
In the case of any such funds accruing and held or owed by
a corporation under division (E) of section 1701.24 of the
Revised Code, such corporation shall comply with this chapter,
subject to the limitation contained in section 1701.34 of the
Revised Code. The period of time for which such funds have gone
unclaimed specified in section 1701.34 of the Revised Code shall
be computed, with respect to dividends or distributions,
commencing as of the dates when such dividends or distributions
would have been payable to the shareholder had such shareholder
surrendered his THE certificates for cancellation and exchange
by the
date specified in the order relating to them.
Capital credits of a cooperative which after January 1,
1972, have been allocated to members and which by agreement are
expressly required to be paid if claimed after death of the owner
are deemed payable, for the purpose of this chapter, fifteen
years after either the termination of service by the cooperative
to the owner or upon the nonactivity as provided in division (B)
of section 169.01 of the Revised Code, whichever occurs later,
provided that this provision does not apply if the payment is not
mandatory.
(F) Any sum payable on certified checks or other written
instruments certified or issued and representing funds held or
owed by a holder, less any lawful claims, that are unclaimed for
five years, except, in the case of money orders which are not
third party bank checks, that are unclaimed for seven years, and
in the case of traveler's checks, that are unclaimed for fifteen
years, from the date payable, or from the date of issuance if
payable on demand.
As used in this division, "written instruments" include,
but are not limited to, certified checks, cashier's checks, bills
of exchange, letters of credit, drafts, money orders, and
traveler's checks.
If there is no address of record for the owner or other
person entitled to the funds, such address is presumed to be the
address where the instrument was certified or issued.
(G) All moneys, rights to moneys, or other intangible
property, arising out of the business of engaging in the purchase
or sale of securities, or otherwise dealing in intangibles, less
any lawful claims, which are held or owed by a holder and which
are unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45
of the Revised Code, all moneys, rights to moneys, and other
intangible property distributable in the course of dissolution or
liquidation of a holder that are unclaimed for one year after the
date set by the holder for distribution;
(I) All moneys, rights to moneys, or other intangible
property removed from a safe-deposit box or other safekeeping
repository located in this state or removed from a safe-deposit
box or other safekeeping repository of a holder, on which the
lease or rental period has expired, or any amount arising from
the sale of such property, less any lawful claims, that are
unclaimed for five years from the date on which the lease or
rental period expired;
(J) Subject to division (M)(2) of this section, all
moneys, rights to moneys, or other intangible property, and any
income or increment on them, held or owed by a holder which is a
fiduciary for the benefit of another, or a fiduciary or custodian
of a qualified retirement plan or individual retirement
arrangement under section 401 or 408 of the Internal Revenue
Code, unclaimed for five years after the final date for
distribution;
(K) All moneys, rights to moneys, or other intangible
property held or owed in this state or held for or owed to an
owner whose last known address is within this state, by the
United States government or any state, as those terms are
described in division (E) of section 169.01 of the Revised Code,
unclaimed by the owner for five years, excluding any property in
the control of any court in a proceeding in which a final
adjudication has not been made;
(L) Amounts payable pursuant to the terms of any policy of
insurance, other than life insurance, or any refund available
under such a policy, held or owed by any holder, unclaimed for
five years from the date payable or distributable;
(M)(1) Subject to division (M)(2) of this section, any
funds constituting rents or lease payments due, any deposit made
to secure payment of rents or leases, or any sum paid in advance
for rents, leases, possible damage to property, unused services,
performance requirements, or any other purpose, held or owed by a
holder unclaimed for five years;
(2) Any escrow funds, security deposits, or other moneys
that are received by a licensed broker in a fiduciary capacity
and that, pursuant to division (A)(26) of section 4735.18 of the
Revised Code, are required to be deposited into and maintained in
a special or trust, noninterest-bearing bank account separate and
distinct from any personal or other account of the licensed
broker, held or owed by the licensed broker unclaimed for two
years.
(N) Any sum payable as wages, salaries, or commissions,
any sum payable for services rendered, funds owed or held as
royalties, oil and mineral proceeds, funds held for or owed to
suppliers, moneys owed under pension and profit-sharing plans,
and all other credits, held or owed by any holder unclaimed for
one year from date payable or distributable;
(O) Amounts held in respect of or represented by lay-aways
sold after January 1, 1972, less any lawful claims, when such
lay-aways are unclaimed for three years after the sale of them;
(P) All moneys, rights to moneys, and other intangible
property not otherwise constituted as unclaimed funds by this
section, including any income or increment on them, less any
lawful claims, which are held or owed by any holder, other than a
holder which holds a permit issued pursuant to Chapter 3769. of
the Revised Code, and which have remained unclaimed for five
years after becoming payable or distributable;
(Q) All moneys that arise out of a sale held pursuant to
section 5322.03 of the Revised Code, that are held by a holder
for delivery on demand to the appropriate person pursuant to
division (I) of that section, and that are unclaimed for two
years after the date of the sale.
(R) ALL MONEYS ARISING FROM THE REDEMPTION OF DELINQUENT LAND
UNDER SECTION 5721.37 of the Revised Code AND UNCLAIMED BY THE HOLDER OF THE TAX CERTIFICATE
RESPECTING THAT LAND FOR FIVE YEARS FOLLOWING REDEMPTION OF DELINQUENT LAND.
(S) ALL MONEYS ARISING FROM AN
OVERPAYMENT UNDER DIVISION (D)(2) OF SECTION 5721.37 OF THE
REVISED CODE
AND UNCLAIMED FOR FIVE YEARS FROM THE DATE THE UNDERTAKING WAS
SATISFIED.
All moneys in a personal allowance account, as defined by
rules adopted by the department of human services, up to and
including the maximum resource limitation, of a medicaid patient
who has died after receiving care in a long-term care facility,
and for whom there is no identifiable heir or sponsor, are not
subject to this chapter.
Sec. 323.25. When taxes charged against an entry on the
tax duplicate, or any part of such taxes, are not paid within
sixty days after delivery of the delinquent land duplicate to the
treasurer as prescribed by section 5721.011 of the Revised Code,
the county treasurer shall enforce the lien for such taxes by
civil action in his name THE TREASURER'S OFFICIAL CAPACITY as
treasurer, for the sale of such
premises, in the court of common pleas of the county in the same
way mortgage liens are enforced. If service by publication is
necessary, such publication shall be made once a week for three
consecutive weeks instead of as provided by the Rules of Civil
Procedure, and the service shall be complete at the expiration of
three weeks after the date of the first publication. If the
prosecuting attorney determines that service upon a defendant may
be obtained ultimately only by publication, he THE PROSECUTING
ATTORNEY may cause service
to be made by certified mail, return receipt requested; ordinary
mail; and publication, simultaneously. The treasurer shall not
enforce the lien for taxes against real property that TO WHICH ANY
OF THE FOLLOWING APPLIES:
(A) THE REAL PROPERTY is the subject of an application for
exemption from taxation under
section 5715.27 of the Revised Code and that does not appear on
the delinquent land duplicate;
(B) THE REAL PROPERTY IS THE SUBJECT OF A VALID UNDERTAKING UNDER
SECTION 323.31 of the Revised Code FOR WHICH THE COUNTY TREASURER HAS NOT MADE CERTIFICATION
TO THE COUNTY AUDITOR THAT THE UNDERTAKING HAS BECOME VOID;
(C) A TAX CERTIFICATE RESPECTING THAT PROPERTY HAS BEEN SOLD
UNDER SECTION 5721.32 of the Revised Code.
Upon application of the plaintiff, the court shall advance
such cause on the docket, so that it may be first heard.
Sec. 323.31. (A) Delinquent taxes charged against any
entry of real property may be paid pursuant to this division by
the person who owns the real property or is a vendee in
possession under a purchase agreement or land contract after
entering into a written undertaking with the county treasurer in
a form prescribed or approved by the tax commissioner. The
undertaking may be entered into at any time prior to the county
prosecuting attorney's commencement of foreclosure proceedings
pursuant to section 323.25 or 5721.18 of the Revised Code, or
commencement of foreclosure and forfeiture proceedings pursuant
to section 5721.14 of the Revised Code. A duplicate copy of each
such undertaking shall be filed with the county auditor, who
shall attach such copy to the delinquent land tax certificate or
delinquent vacant land tax certificate, or who shall enter an
asterisk in the margin next to the entry for the tract or lot on
the master list of delinquent tracts or master list of delinquent
vacant tracts, prior to filing it with the prosecuting attorney
under section 5721.13 of the Revised Code. If the undertaking is
entered into after the certificate or the master list has been
filed with the prosecuting attorney, the treasurer shall file the
duplicate copy with the prosecuting attorney.
An undertaking entered into under this division shall
provide for the payment of delinquent taxes in installments over
a period not to exceed five years beginning on the earliest date
delinquent taxes that are the subject of the undertaking were
included in a certification under section 5721.011 of the Revised
Code; however, a person entering into an undertaking may request,
and the treasurer shall allow, an undertaking providing for
payment in installments over a period of no fewer than two years
beginning on that date. For each undertaking, the county
treasurer shall determine, and shall specify in the undertaking,
the number of installments, the amount of each installment, and
the schedule for payment of the installments.
Each installment payment shall be apportioned among the
several funds for which taxes have been assessed and shall be
applied to the items of taxes charged in the order in which they
became due.
When an installment payment is not received by the
treasurer when due or any current taxes charged against the
property become delinquent, the undertaking becomes void unless
the treasurer permits a new undertaking to be entered into; if
the treasurer does not permit a new undertaking to be entered
into, the treasurer shall certify to the auditor that the
undertaking has become void. A new undertaking entered into
under this paragraph shall provide for payment of the outstanding
balance of delinquent taxes over a period that, when added to the
periods of any previous undertakings that had elapsed prior to
their becoming void, does not exceed ten years.
Upon receipt of such a certification, the auditor shall
destroy his THE duplicate copy of the undertaking. If such copy
has
been filed with the prosecuting attorney, the auditor immediately
shall deliver the certification to the prosecuting attorney, who
shall attach it to the appropriate certificate and the duplicate
copy of the voided undertaking or strike through the asterisk
entered in the margin of the master list next to the entry for
the tract or lot that is the subject of the voided undertaking.
The prosecuting attorney then shall institute a proceeding to
foreclose the lien of the state in accordance with section 323.25
or 5721.18 of the Revised Code or, in the case of delinquent
vacant land, shall institute a foreclosure proceeding in
accordance with section 323.25 or 5721.18 of the Revised Code, or
a foreclosure and forfeiture proceeding in accordance with
section 5721.14 of the Revised Code.
AFTER A TAX CERTIFICATE HAS BEEN SOLD RESPECTING A DELINQUENT PARCEL UNDER
SECTION 5721.32 of the Revised Code, A WRITTEN UNDERTAKING MAY NOT BE ENTERED INTO UNDER THIS
SECTION TO PAY THE DELINQUENT AMOUNTS. TO PAY THE DELINQUENCY IN
INSTALLMENTS, THE OWNER OR OTHER PERSON SEEKING TO REDEEM THE PARCEL SHALL
ENTER INTO A REDEMPTION PAYMENT PLAN UNDER DIVISION (C) OF SECTION
5721.37 of the Revised Code.
(B) Within ten days after the date prescribed by section
323.12 or 323.17 of the Revised Code for payment of the first
half installment of the current taxes, any person failing to pay
the amount required by such date, with the consent of the
treasurer, may enter into a written undertaking with the
treasurer, in a form prescribed by the tax commissioner, to pay
all current taxes pursuant to this division. The agreement shall
provide for the entire amount of such taxes to be paid in three
or fewer installments before the date set by section 323.12 or
323.17 of the Revised Code for the payment of the second
installment of such taxes. Each payment made under this division
shall be not less than one-third of the total amount of the
current taxes, unless the collection of a particular tax has been
legally enjoined, or unless at any scheduled payment date less
than one-third of the total amount remains unpaid, in which case
the total balance shall be paid.
If a payment is not received by the treasurer when due
under the terms of an undertaking made under this division, the
treasurer may permit the taxpayer to make the payment at a later
date, provided the payment is received before the date set by
section 323.12 or 323.17 of the Revised Code for the payment of
the second installment of current taxes. If the total taxes
arranged to be paid pursuant to such an undertaking are not
received before such date, the undertaking shall become void and
the treasurer shall proceed to collect all unpaid taxes then due
by any other means provided by law.
Sec. 1109.65. IN ORDER TO PROTECT ITS INTEREST IN A PROPERTY, A BANK MAY
PURCHASE A TAX CERTIFICATE UNDER SECTION 5721.32 of the Revised Code.
Sec. 5721.01. (A) As used in this chapter:
(1) "Delinquent lands" means all lands upon which
delinquent taxes, as defined in section 323.01 of the Revised
Code, remain unpaid at the time a settlement is made between the
county treasurer and auditor pursuant to division (C) of section
321.24 of the Revised Code.
(2) "Delinquent vacant lands" means all lands that have
been delinquent lands for at least five years and that are
unimproved by any dwelling.
(B) As used in sections 5719.04 and, 5721.03,
AND 5721.31 of the Revised
Code and in any other sections of the Revised Code to which those
sections are applicable, a newspaper or newspaper of general
circulation shall be a publication bearing a title or name,
regularly issued as frequently as once a week for a definite
price or consideration paid for by not less than fifty per cent
of those to whom distribution is made, having a second class
mailing privilege, being not less than four pages, published
continuously during the immediately preceding one-year period,
and circulated generally in the political subdivision in which it
is published. Such publication shall be of a type to which the
general public resorts for passing events of a political,
religious, commercial, and social nature, current happenings,
announcements, miscellaneous reading matter, advertisements, and
other notices.
Sec. 5721.03. (A) At the time of making the delinquent
land list, as provided in section 5721.011 of the Revised Code,
the county auditor shall compile a delinquent tax list consisting
of all lands on the delinquent land list on which taxes have
become delinquent at the close of the collection period
immediately preceding the making of the delinquent land list.
The auditor shall also compile a delinquent vacant land tax list
of all delinquent vacant lands prior to the institution of any
foreclosure and forfeiture actions against delinquent vacant
lands under section 5721.14 of the Revised Code or any
foreclosure actions against delinquent vacant lands under section
5721.18 of the Revised Code.
The delinquent tax list, and the delinquent vacant land tax
list if one is compiled, shall contain all of the information
included on the delinquent land list, except that, if the
auditor's records show that the name of the person in whose name
the property currently is listed is not the name that appears on
the delinquent land list, the name used in the delinquent tax
list or the delinquent vacant land tax list shall be the name of
the person the auditor's records show as the person in whose name
the property currently is listed.
Lands that have been included in a previously published
delinquent tax list shall not be included in the delinquent tax
list so long as taxes have remained delinquent on such lands for
the entire intervening time.
In either list, there may be included lands that have been
omitted in error from a prior list and lands with respect to
which the auditor has received a certification that an
undertaking has become void since the publication of the last
previously published list, provided the name of the owner was
stricken from a prior list under section 5721.02 of the Revised
Code.
(B)(1) The auditor shall cause the delinquent tax list and
the delinquent vacant land tax list, if one is compiled, to be
published twice within sixty days after the delivery of the
delinquent land duplicate to the county treasurer, in a newspaper
of general circulation in the county. The publication shall be
printed in the English language.
The auditor shall insert display notices of the forthcoming
publication of the delinquent tax list and, if it is to be
published, the delinquent vacant land tax list once a week for
two consecutive weeks in a newspaper of general circulation in
the county. The display notices shall contain the times and
methods of payment of taxes provided by law, including
information concerning installment payments made in accordance
with a written undertaking. The display notice for the
delinquent tax list also shall include a notice that an interest
charge will accrue on accounts remaining unpaid after the last
day of November unless the taxpayer enters a written undertaking
to pay such taxes in installments. The display notice for the
delinquent vacant land tax list if it is to be published also
shall include a notice that delinquent vacant lands in the list
are lands on which taxes have remained unpaid for five years
after being certified delinquent, and that they are subject to
foreclosure proceedings as provided in section 323.25 or 5721.18
of the Revised Code, or foreclosure and forfeiture proceedings as
provided in section 5721.14 of the Revised Code. Each display
notice also shall STATE THAT THE LANDS ARE SUBJECT TO A TAX CERTIFICATE
SALE UNDER SECTION 5721.32 of the Revised Code AND SHALL include any other information
that the auditor
considers pertinent to the purpose of the notice. The display
notices shall be furnished by the auditor to the newspapers
selected to publish the lists at least ten days before their
first publication.
(2) Publication of the list or lists may be made by a
newspaper in installments, provided the complete publication of
each list is made twice during the sixty-day period.
(3) There shall be attached to the delinquent tax list a
notice that the delinquent lands will be certified for
foreclosure by the auditor unless the taxes, assessments,
interest, and penalties due and owing on them are paid. There
shall be attached to the delinquent vacant land tax list, if it
is to be published, a notice that delinquent vacant lands will be
certified for foreclosure or foreclosure and forfeiture by the
auditor unless the taxes, assessments, interest, and penalties
due and owing on them are paid within twenty-eight days after the
final publication of the notice.
(4) The auditor shall review the first publication of each
list for accuracy and completeness and may correct any errors
appearing in the list in the second publication.
(C) For the purposes of section 5721.18 of the Revised
Code, land is first certified delinquent on the date of the
certification of the delinquent land list containing that land.
Sec. 5721.06. (A)(1) The form of the notice required to be
attached to the published delinquent tax list by division (B)(3)
of section 5721.03 of the Revised Code shall be in substance as
follows:
"DELINQUENT LAND TAX NOTICE
The lands, lots, and parts of lots returned delinquent by
the county treasurer of ................... county, with the
taxes, assessments, interest, and penalties, charged against them
agreeably to law, are contained and described in the following
list: (Here insert the list with the names of the owners of such
respective tracts of land or town lots as designated on the
delinquent tax list. If, prior to forty-eight hours before the
publication of the list, an undertaking has been entered into
under section 323.31 of the Revised Code, the owner's name may be
stricken from the list or designated by an asterisk shown in the
margin next to the owner's name.)
Notice is hereby given that the whole of such several
lands, lots, or parts of lots will be certified for foreclosure
by the county auditor pursuant to law unless the whole of the
delinquent taxes, assessments, interest, and penalties are paid
within one year OR UNLESS A TAX CERTIFICATE WITH RESPECT TO THE PARCEL IS
SOLD UNDER SECTION 5721.32 of the Revised Code. The names of persons who have entered
into a
written undertaking with the county treasurer to discharge the
delinquency are designated by an asterisk or have been stricken
from the list."
(2) IF THE COUNTY TREASURER HAS CERTIFIED TO THE COUNTY AUDITOR
THAT THE TREASURER INTENDS TO OFFER FOR SALE A TAX
CERTIFICATE WITH RESPECT TO ONE OR MORE PARCELS OF DELINQUENT LAND UNDER
SECTION 5721.32 of the Revised Code, THE FORM OF THE NOTICE SHALL INCLUDE THE FOLLOWING
STATEMENT, APPENDED AFTER THE SECOND PARAGRAPH OF THE NOTICE PRESCRIBED BY
DIVISION
(A)(1) OF THIS SECTION:
"NOTICE ALSO IS HEREBY GIVEN THAT A TAX CERTIFICATE MAY BE OFFERED FOR SALE
UNDER SECTION 5721.32 of the Revised Code WITH RESPECT TO THOSE PARCELS SHOWN ON THIS LIST.
IF A TAX CERTIFICATE ON
A PARCEL IS PURCHASED, THE PURCHASER OF THE TAX CERTIFICATE ACQUIRES THE
STATE'S OR ITS TAXING DISTRICT'S FIRST LIEN AGAINST THE PROPERTY,
AND AN ADDITIONAL INTEREST CHARGE OF UP TO EIGHTEEN PER CENT PER ANNUM SHALL
BE ASSESSED AGAINST THE PARCEL. IN ADDITION, FAILURE BY THE OWNER OF THE
PARCEL TO REDEEM THE TAX CERTIFICATE MAY RESULT IN FORECLOSURE
PROCEEDINGS AGAINST THE PARCEL. NO TAX CERTIFICATE SHALL BE OFFERED FOR SALE
IF THE OWNER OF THE PARCEL
HAS EITHER DISCHARGED THE LIEN BY PAYING TO THE COUNTY TREASURER IN CASH THE
AMOUNT OF DELINQUENT TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES
CHARGED AGAINST THE PROPERTY, OR HAS ENTERED INTO A VALID UNDERTAKING PURSUANT
TO SECTION 323.31 OF THE REVISED
CODE TO PAY THOSE AMOUNTS IN INSTALLMENTS."
(B) The form of the notice required to be attached to the
published delinquent vacant land tax list by division (B)(3) of
section 5721.03 of the Revised Code shall be in substance as
follows:
"DELINQUENT VACANT LAND TAX NOTICE
The delinquent vacant lands returned delinquent by the
county treasurer of ................. county, with the taxes,
assessments, interest, and penalties charged against them
according to law, and remaining delinquent for five years, are
contained and described in the following list: (here insert the
list with the names of the owners of the respective tracts of
land as designated on the delinquent vacant land tax list. If,
prior to forty-eight hours before the publication of the list, an
undertaking has been entered into under section 323.31 of the
Revised Code, the owner's name may be stricken from the list or
designated by an asterisk shown in the margin next to the owner's
name.)
Notice is hereby given that these delinquent vacant lands
will be certified for foreclosure or foreclosure and forfeiture
by the county auditor pursuant to law unless the whole of the
delinquent taxes, assessments, interest, and penalties are paid
within twenty-eight days after the final publication of this
notice. The names of persons who have entered into a written
undertaking with the county treasurer to discharge the
delinquency are designated by an asterisk or have been stricken
from the list."
Sec. 5721.10. The EXCEPT AS OTHERWISE PROVIDED UNDER SECTIONS
5721.30 TO 5721.40 of the Revised Code, THE state shall have the first lien on the
lands and lots described in the delinquent land list, for the
amount of taxes, assessments, interest, and penalty charged prior
to the delivery of such list. If the taxes have not been paid
for one year after having been certified as delinquent, the state
shall institute foreclosure proceedings in the manner provided by
sections 5721.01 to 5721.28 of the Revised Code UNLESS A TAX CERTIFICATE
RESPECTING THAT PROPERTY HAS BEEN SOLD UNDER SECTION 5721.32 of the Revised Code, OR
unless such taxes
are the subject of a valid undertaking under section 323.31 of
the Revised Code for which the county treasurer has not made
certification to the county auditor that the undertaking has
become void, and there shall be taxed by the. THE court
SHALL LEVY, as costs in
the foreclosure proceedings instituted on said certification, the
cost of an abstract or certificate of title to the property
described in said certification, if the same is required by the
court, to be paid into the general fund of the county. Such
sections SECTIONS 5721.01 TO 5721.28 of the Revised Code do not prevent the
partial payment of such delinquent
taxes, assessments, interest, and penalty during the period the
delinquency is being discharged in accordance with an undertaking
under section 323.31 of the Revised Code, but such partial
payments may be made and received as provided by law without
prejudice to the right of the state to institute foreclosure
proceedings for any amount then remaining unpaid if the county
treasurer certifies to the county auditor that the undertaking
has become void.
Sec. 5721.30. AS USED IN SECTIONS 5721.30 TO 5721.40 of the Revised Code:
(A) "TAX CERTIFICATE," "CERTIFICATE," OR "DUPLICATE CERTIFICATE"
MEANS A DOCUMENT WHICH MAY BE ISSUED AS A PHYSICAL CERTIFICATE, IN
BOOK-ENTRY FORM, OR THROUGH AN ELECTRONIC MEDIUM, AT THE DISCRETION OF THE
COUNTY TREASURER. SUCH DOCUMENT SHALL CONTAIN
THE INFORMATION REQUIRED BY SECTION
5721.31 of the Revised Code AND SHALL BE PREPARED, TRANSFERRED, OR REDEEMED IN THE MANNER
PRESCRIBED
BY
SECTIONS 5721.30 TO 5721.40 of the Revised Code. AS USED IN THOSE SECTIONS, "TAX
CERTIFICATE," "CERTIFICATE," AND
"DUPLICATE CERTIFICATE" DO NOT
REFER TO THE DELINQUENT LAND TAX CERTIFICATE OR THE DELINQUENT VACANT LAND TAX
CERTIFICATE ISSUED UNDER SECTION 5721.13 of the Revised Code.
(B) "CERTIFICATE PARCEL" MEANS THE PARCEL OF DELINQUENT LAND THAT
IS THE
SUBJECT OF AND IS DESCRIBED IN A TAX CERTIFICATE.
(C) "CERTIFICATE HOLDER" MEANS A PERSON WHO PURCHASES A TAX
CERTIFICATE
UNDER SECTION 5721.32 of the Revised Code, OR A PERSON TO WHOM A TAX CERTIFICATE HAS BEEN
TRANSFERRED PURSUANT TO SECTION 5721.35 of the Revised Code.
(D) "CERTIFICATE PURCHASE PRICE" MEANS THE AMOUNT OF DELINQUENT
TAXES,
ASSESSMENTS, PENALTIES, AND INTEREST COMPUTED UNDER
SECTION 323.121 of the Revised Code CHARGED AGAINST A CERTIFICATE
PARCEL AT THE TIME THE TAX CERTIFICATE RESPECTING THAT
PARCEL IS SOLD, NOT INCLUDING ANY DELINQUENT TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES, THE LIEN FOR WHICH HAS BEEN CONVEYED TO A CERTIFICATE
HOLDER THROUGH A PRIOR SALE OF A TAX CERTIFICATE RESPECTING THAT PARCEL.
"CERTIFICATE PURCHASE PRICE" ALSO INCLUDES THE AMOUNT OF THE FEE CHARGED BY
THE COUNTY TREASURER TO THE PURCHASER OF THE CERTIFICATE UNDER DIVISION
(H) OF SECTION 5721.32 of the Revised Code.
(E) EXCEPT AS PROVIDED IN DIVISION (E)(3) OF
THIS SECTION, "CERTIFICATE REDEMPTION PRICE" MEANS THE AMOUNT DETERMINED UNDER
DIVISION (E)(1) OR (2) OF THIS SECTION.
(1) DURING THE FIRST YEAR AFTER THE DATE ON WHICH A TAX
CERTIFICATE IS SOLD, THE SUM OF THE FOLLOWING:
(a) THE CERTIFICATE PURCHASE PRICE;
(b) THE GREATER OF THE FOLLOWING:
(i) INTEREST, AT THE CERTIFICATE RATE
OF INTEREST, ACCRUING DURING THE CERTIFICATE INTEREST PERIOD ON
THE CERTIFICATE PURCHASE PRICE;
(ii) SIX PER CENT OF THE CERTIFICATE
PURCHASE PRICE.
(c) THE FEE CHARGED BY THE COUNTY
TREASURER TO THE PURCHASER OF THE CERTIFICATE UNDER DIVISION
(H) OF SECTION 5721.32 OF THE
REVISED CODE.
(2) AFTER THE FIRST YEAR AFTER THE DATE ON WHICH A TAX
CERTIFICATE IS SOLD, THE SUM OF THE FOLLOWING:
(a)(i) IF DIVISION
(E)(1)(b)(i)
APPLIED DURING THE FIRST YEAR, THE CERTIFICATE PURCHASE
PRICE;
(ii) IF DIVISION (E)(1)(b)(ii)
APPLIED DURING THE FIRST YEAR, THE SUM OF THE CERTIFICATE
PURCHASE PRICE PLUS SIX PER CENT OF THE CERTIFICATE PURCHASE
PRICE;
(b)(i) IF DIVISION
(E)(1)(b)(i)
APPLIED DURING THE FIRST YEAR, INTEREST AT THE CERTIFICATE RATE
OF INTEREST ACCRUING DURING THE CERTIFICATE INTEREST PERIOD ON
THE CERTIFICATE PURCHASE PRICE;
(ii) IF DIVISION (E)(1)(b)(ii)
APPLIED DURING THE FIRST YEAR, INTEREST AT THE CERTIFICATE RATE
OF INTEREST, ACCRUING DURING THE PART OF THE CERTIFICATE
INTEREST PERIOD THAT BEGINS ONE YEAR AFTER THE DATE OF THE SALE
OF THE CERTIFICATE, ON THE SUM OF THE CERTIFICATE PURCHASE PRICE
PLUS SIX PER CENT OF THE CERTIFICATE PURCHASE PRICE;
(c) THE FEE CHARGED BY THE COUNTY
TREASURER TO THE PURCHASER OF THE CERTIFICATE UNDER DIVISION
(H) OF SECTION 5721.32 OF THE REVISED CODE;
(3) IF THE CERTIFICATE RATE OF INTEREST EQUALS ZERO, THE
CERTIFICATE REDEMPTION PRICE EQUALS THE CERTIFICATE
PURCHASE PRICE PLUS THE FEE CHARGED BY THE COUNTY TREASURER TO THE PURCHASER
OF THE CERTIFICATE UNDER DIVISION (H) OF SECTION 5721.32 of the Revised Code.
(F) "CERTIFICATE RATE OF INTEREST" MEANS THE RATE OF SIMPLE
INTEREST PER YEAR BID BY THE WINNING BIDDER IN AN AUCTION OF A TAX CERTIFICATE
HELD UNDER SECTION 5721.32 of the Revised Code.
(G) "CASH" MEANS UNITED STATES CURRENCY,
CERTIFIED CHECKS, MONEY ORDERS, BANK DRAFTS, OR ELECTRONIC TRANSFER OF FUNDS,
AND EXCLUDES ANY OTHER FORM OF PAYMENT.
(H) "PURCHASER OF A TAX CERTIFICATE PURSUANT TO SECTION 5721.32
of the Revised Code" MEANS THE WINNING BIDDER IN AN AUCTION OF A TAX CERTIFICATE HELD UNDER
SECTION 5721.32 of the Revised Code.
(I) "CERTIFICATE INTEREST PERIOD" MEANS THE PERIOD BEGINNING ON
THE DATE
THE CERTIFICATE IS PURCHASED AND ENDING ON ONE OF THE FOLLOWING DATES:
(1) IN THE CASE OF FORECLOSURE PROCEEDINGS INSTITUTED UNDER
SECTION 5721.36 OF THE REVISED
CODE, THE DATE THE CERTIFICATE HOLDER SUBMITS A PAYMENT TO THE
TREASURER UNDER DIVISION (A) OF THAT SECTION;
(2) IN THE CASE OF A CERTIFICATE PARCEL REDEEMED
UNDER DIVISION (A) OR (C) OF SECTION 5721.37 OF THE
REVISED CODE, THE DATE THE OWNER OF RECORD OF THE
CERTIFICATE PARCEL, OR ANY OTHER
PERSON ENTITLED TO REDEEM THAT PARCEL, PAYS TO THE COUNTY TREASURER THE FULL
AMOUNT DETERMINED UNDER THAT SECTION.
(J) "COUNTY PROSECUTING ATTORNEY" MEANS THE COUNTY PROSECUTOR OF
A COUNTY HAVING A POPULATION OF AT LEAST TWO HUNDRED THOUSAND ACCORDING TO THE
MOST RECENT FEDERAL DECENNIAL CENSUS.
(K) "COUNTY TREASURER" MEANS THE COUNTY TREASURER OF
A COUNTY HAVING A POPULATION OF AT LEAST TWO HUNDRED THOUSAND ACCORDING TO THE
MOST RECENT FEDERAL DECENNIAL CENSUS.
Sec. 5721.31. (A) AFTER RECEIPT OF A DUPLICATE OF THE DELINQUENT
LAND LIST COMPILED UNDER SECTION 5721.011 OF THE REVISED
CODE, OR A DELINQUENT LAND LIST COMPILED PREVIOUSLY UNDER THAT
SECTION, FOR A COUNTY HAVING A POPULATION OF AT LEAST TWO HUNDRED
THOUSAND ACCORDING TO THE MOST RECENT FEDERAL DECENNIAL CENSUS, THE COUNTY
TREASURER MAY SELECT FROM THE LIST PARCELS OF DELINQUENT LAND THE LIEN
AGAINST WHICH THE COUNTY TREASURER MAY ATTEMPT TO TRANSFER BY THE
SALE OF TAX CERTIFICATES UNDER SECTIONS 5721.30 TO 5721.40 OF THE
REVISED CODE. THE COUNTY TREASURER MAY SELECT
ONLY THOSE ELIGIBLE PARCELS FOR WHICH TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES HAVE NOT YET BEEN PAID OR FOR WHICH
A VALID UNDERTAKING
IS NOT IN FORCE UNDER SECTION 323.31 OF THE REVISED CODE.
EACH CERTIFICATE SHALL CONTAIN THE
SAME INFORMATION AS IS REQUIRED TO BE CONTAINED IN THE DELINQUENT LAND LIST.
THE COUNTY TREASURER SHALL COMPILE A SEPARATE LIST, THE LIST OF
PARCELS SELECTED FOR TAX CERTIFICATE SALES,
INCLUDING THE SAME INFORMATION AS IS REQUIRED TO BE
INCLUDED IN THE DELINQUENT LAND LIST.
UPON COMPILING THE LIST OF PARCELS SELECTED FOR TAX
CERTIFICATE SALES, THE COUNTY TREASURER MAY CONDUCT A TITLE SEARCH FOR ANY
PARCEL ON THE LIST. THE COUNTY TREASURER SHALL SEND WRITTEN
NOTICE BY CERTIFIED OR REGISTERED MAIL TO EITHER THE OWNER OR ALL INTERESTED
PARTIES, OR BOTH, OF EACH PARCEL ON THE
LIST. THE NOTICE SHALL INFORM THE OWNER OR INTERESTED PARTIES THAT A TAX
CERTIFICATE
WILL BE OFFERED FOR SALE ON THE PARCEL, AND THAT THE OWNER OR INTERESTED
PARTIES MAY
INCUR ADDITIONAL EXPENSES AS A RESULT OF THE SALE.
(B) THE COUNTY TREASURER SHALL ADVERTISE THE SALE OF
TAX CERTIFICATES IN A MANNER OR MEDIUM DETERMINED BY THE COUNTY
TREASURER, IN THE COUNTY TREASURER'S DISCRETION, TO
GIVE REASONABLE NOTICE TO PARTIES INTERESTED IN THE PURCHASE OF TAX
CERTIFICATES.
THE COUNTY TREASURER SHALL ADVERTISE THE SALE OF TAX CERTIFICATES IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY, ONCE A WEEK FOR THREE
CONSECUTIVE WEEKS. THE ADVERTISEMENT SHALL INCLUDE THE DATE, THE TIME, AND
THE PLACE OF THE PUBLIC AUCTION, DESCRIPTIONS OF THE PARCELS, AND THE NAMES OF
THE OWNERS OF RECORD OF THE PARCELS.
(C) AFTER THE COUNTY TREASURER HAS COMPILED THE LIST OF PARCELS
SELECTED FOR TAX CERTIFICATE SALES BUT BEFORE A TAX CERTIFICATE RESPECTING A
PARCEL IS SOLD, IF THE OWNER OF RECORD OF THE PARCEL PAYS TO THE COUNTY
TREASURER IN CASH THE FULL AMOUNT OF DELINQUENT TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES THEN DUE AND PAYABLE OR ENTERS INTO A VALID
UNDERTAKING TO PAY THAT AMOUNT UNDER SECTION 323.31 OF THE
REVISED CODE, THE OWNER OF RECORD OF THE PARCEL ALSO SHALL
PAY A FEE IN AN AMOUNT PRESCRIBED BY THE TREASURER TO COVER THE ADMINISTRATIVE
COSTS OF THE TREASURER UNDER THIS SECTION RESPECTING THE PARCEL AND CREDITED
TO THE TAX CERTIFICATE ADMINISTRATIVE FUND.
(D) A TAX CERTIFICATE
ADMINISTRATION FUND SHALL BE CREATED IN THE COUNTY TREASURY OF
EACH COUNTY SELLING TAX CERTIFICATES UNDER SECTIONS 5721.30 TO
5721.40 OF THE REVISED
CODE. THE FUND SHALL BE
ADMINISTERED BY THE COUNTY TREASURER, AND USED SOLELY FOR THE
PURPOSES OF SECTIONS 5721.30 TO 5721.40 OF THE
REVISED
CODE. ANY FEE RECEIVED BY THE
TREASURER UNDER SECTIONS 5721.30 TO 5721.40 OF THE
REVISED
CODE SHALL BE CREDITED TO THE
FUND, EXCEPT THE BIDDER REGISTRATION FEE UNDER DIVISION
(B) OF SECTION 5721.32 OF THE
REVISED
CODE AND THE COUNTY PROSECUTING
ATTORNEY'S FEE UNDER DIVISION
(A)(3) OF SECTION 5721.36 OF
THE REVISED
CODE.
(E) THE COUNTY
TREASURERS OF MORE THAN ONE COUNTY MAY JOINTLY CONDUCT A
REGIONAL SALE OF TAX CERTIFICATES. A REGIONAL SALE SHALL BE
HELD AT A SINGLE LOCATION IN ONE COUNTY, WHERE THE TAX
CERTIFICATES FROM EACH OF THE PARTICIPATING COUNTIES SHALL BE OFFERED
FOR SALE AT PUBLIC AUCTION. BEFORE THE REGIONAL SALE, EACH
COUNTY TREASURER SHALL ADVERTISE THE SALE FOR THE PARCELS IN THE
TREASURER'S COUNTY AS REQUIRED BY DIVISION
(B) OF THIS SECTION. AT THE
REGIONAL SALE, TAX CERTIFICATES WOULD BE SOLD ON PARCELS FROM
ONE COUNTY AT A TIME, WITH ALL OF THE CERTIFICATES FOR ONE
COUNTY OFFERED FOR SALE BEFORE ANY CERTIFICATES FOR THE NEXT
COUNTY ARE OFFERED FOR SALE.
(F) THE TAX COMMISSIONER
SHALL PRESCRIBE THE FORM OF THE TAX CERTIFICATE UNDER THIS
SECTION, AND COUNTY TREASURERS SHALL USE THE FORM PRESCRIBED BY
THE COMMISSIONER.
Sec. 5721.32. (A) THE SALE OF TAX CERTIFICATES MAY BE
CONDUCTED AT ANY TIME AFTER COMPLETION OF THE ADVERTISING OF THE SALE UNDER
SECTION 5721.31 OF THE REVISED CODE, ON THE DATE AND AT THE
TIME AND PLACE DESIGNATED IN
THE ADVERTISEMENTS, AND MAY BE CONTINUED FROM TIME TO TIME AS THE
COUNTY TREASURER DIRECTS. THE COUNTY TREASURER MAY OFFER THE TAX CERTIFICATES
FOR SALE IN BLOCKS OF TAX CERTIFICATES, CONSISTING OF ANY NUMBER OF TAX
CERTIFICATES AS DETERMINED BY THE COUNTY TREASURER.
(B)(1) THE SALE OF TAX CERTIFICATES SHALL BE CONDUCTED
AT A PUBLIC AUCTION BY THE COUNTY TREASURER OR A DESIGNEE OF THE COUNTY
TREASURER. AT THE REQUEST OF THE TREASURER, THE BOARD OF COUNTY COMMISSIONERS
MAY CONTRACT WITH AN AGENT TO CONDUCT THE SALE.
(2) NO PERSON SHALL BE PERMITTED TO BID
WITHOUT COMPLETING A BIDDER REGISTRATION FORM, IN THE FORM
PRESCRIBED BY THE TAX COMMISSIONER, AND FILING THE FORM WITH THE
COUNTY TREASURER PRIOR TO THE START OF THE AUCTION, TOGETHER WITH
REMITTANCE OF A REGISTRATION FEE, IN CASH, OF FIVE HUNDRED
DOLLARS. THE BIDDER REGISTRATION FORM SHALL INCLUDE A TAX IDENTIFICATION
NUMBER OF THE REGISTRANT. THE REGISTRATION FEE IS REFUNDABLE AT THE END OF
BIDDING ON THE DAY OF THE AUCTION, UNLESS THE REGISTRANT IS THE
WINNING BIDDER FOR ONE OR MORE TAX CERTIFICATES OR ONE OR MORE BLOCKS OF TAX
CERTIFICATES, IN WHICH CASE
THE FEE MAY BE APPLIED TOWARD THE DEPOSIT REQUIRED BY THIS
SECTION.
(C) AT THE AUCTION, THE COUNTY TREASURER OR THE TREASURER'S
DESIGNEE OR AGENT SHALL BEGIN THE
BIDDING AT EIGHTEEN PER CENT PER YEAR SIMPLE INTEREST, AND ACCEPT LOWER BIDS
IN EVEN INCREMENTS OF ONE-FOURTH OF ONE PER
CENT TO THE RATE OF ZERO PER CENT. THE COUNTY TREASURER, DESIGNEE, OR AGENT
SHALL AWARD THE TAX CERTIFICATE TO THE PERSON BIDDING THE LOWEST CERTIFICATE
RATE OF INTEREST.
(D) THE WINNING BIDDER SHALL PAY THE COUNTY TREASURER A CASH
DEPOSIT OF AT LEAST TEN PER CENT OF THE CERTIFICATE PURCHASE
PRICE NOT LATER THAN THE CLOSE OF BUSINESS ON THE DAY OF THE
SALE. THE WINNING BIDDER SHALL PAY THE BALANCE AND THE FEE REQUIRED UNDER
DIVISION (H) OF THIS SECTION NOT LATER THAN
FIVE BUSINESS DAYS AFTER THE DAY ON WHICH THE CERTIFICATE IS
SOLD. IF THE WINNING BIDDER FAILS TO PAY THE BALANCE AND FEE WITHIN THE
PRESCRIBED TIME, THE BIDDER FORFEITS THE DEPOSIT, AND THE COUNTY TREASURER
SHALL RETAIN THE TAX CERTIFICATE AND MAY ATTEMPT TO SELL IT AT ANY AUCTION
CONDUCTED AT A LATER DATE. THE COUNTY TREASURER SHALL DEPOSIT THE FORFEITED
DEPOSIT IN THE COUNTY TREASURY TO THE CREDIT OF THE TAX CERTIFICATE
ADMINISTRATION FUND.
(E) UPON RECEIPT OF THE FULL PAYMENT OF THE
CERTIFICATE PURCHASE PRICE FROM THE PURCHASER, THE COUNTY
TREASURER SHALL ISSUE AND RECORD THE TAX CERTIFICATE SALE BY MARKING ON THE
TAX CERTIFICATE AND INTO A TAX CERTIFICATE REGISTER, THE
CERTIFICATE PURCHASE PRICE, THE CERTIFICATE RATE OF INTEREST, THE DATE THE
CERTIFICATE WAS SOLD, AND THE NAME AND
ADDRESS OF THE CERTIFICATE PURCHASER. THE COUNTY TREASURER ALSO SHALL
TRANSFER THE TAX CERTIFICATE TO
THE PURCHASER. UPON THE TRANSFER OF A TAX CERTIFICATE, THE
COUNTY TREASURER SHALL CREDIT THE PROCEEDS FROM THE SALE TO THE
ITEMS OF TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES IN
THE ORDER IN WHICH THOSE ITEMS BECAME DUE. UPON COMPLETION OF THE SALE OF
A TAX CERTIFICATE, THE DELINQUENT TAXES, ASSESSMENTS, PENALTIES, AND
INTEREST THAT MAKE UP THE CERTIFICATE PURCHASE PRICE ARE
TRANSFERRED, AND THE SUPERIOR LIEN OF THE STATE AND ITS TAXING DISTRICTS FOR
THOSE TAXES, ASSESSMENTS, PENALTIES, AND INTEREST IS CONVEYED INTACT TO THE
CERTIFICATE HOLDER.
(F) IF A TAX CERTIFICATE IS OFFERED FOR SALE UNDER THIS
SECTION BUT IS NOT SOLD, THE COUNTY TREASURER MAY STRIKE THE
CORRESPONDING CERTIFICATE PARCEL FROM THE LIST OF PARCELS
SELECTED FOR TAX CERTIFICATE SALES. THE LIEN FOR TAXES,
ASSESSMENTS, CHARGES, PENALTIES, AND INTEREST AGAINST A PARCEL STRICKEN FROM
THE LIST THEREAFTER MAY BE FORECLOSED IN THE MANNER PRESCRIBED BY
SECTION 323.25, 5721.14, OR 5721.18 OF THE REVISED
CODE UNLESS, PRIOR TO THE INSTITUTION OF SUCH PROCEEDINGS
AGAINST THE PARCEL, THE COUNTY TREASURER RESTORES THE PARCEL TO
THE LIST OF PARCELS SELECTED FOR TAX CERTIFICATE SALES.
(G) A CERTIFICATE HOLDER
SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM A VIOLATION OF SECTIONS
3737.87 TO 3737.891 OR CHAPTER 3704., 3734., 3745., 3746., 3750.,
3751., 3752., 6109., OR 6111. of the Revised Code, OR A RULE ADOPTED OR ORDER, PERMIT,
LICENSE, VARIANCE, OR PLAN APPROVAL ISSUED UNDER ANY OF THOSE CHAPTERS, THAT
IS OR WAS COMMITTED BY ANOTHER PERSON IN CONNECTION WITH THE PARCEL FOR WHICH
THE TAX CERTIFICATE IS HELD.
(H) WHEN SELLING A TAX
CERTIFICATE UNDER THIS SECTION, THE COUNTY TREASURER SHALL
CHARGE A FEE TO THE PURCHASER OF THE CERTIFICATE. THE TREASURER
SHALL SET THE FEE AT A REASONABLE AMOUNT THAT COVERS THE
TREASURER'S COSTS OF ADMINISTERING THE SALE OF THE TAX
CERTIFICATE.
(I) AFTER SELLING A TAX
CERTIFICATE UNDER THIS SECTION, THE COUNTY TREASURER SHALL SEND
WRITTEN NOTICE BY CERTIFIED OR REGISTERED MAIL TO THE OWNER OF THE CERTIFICATE
PARCEL. THE NOTICE SHALL INFORM THE OWNER THAT THE TAX
CERTIFICATE WAS SOLD AND SHALL DESCRIBE THE OWNER'S OPTIONS TO
REDEEM THE PARCEL, INCLUDING ENTERING INTO A REDEMPTION PAYMENT
PLAN UNDER DIVISION (C) OF SECTION 5721.37 OF THE REVISED
CODE.
(J) A TAX CERTIFICATE SHALL NOT BE SOLD TO THE OWNER OF THE
CERTIFICATE PARCEL.
Sec. 5721.33. (A) A COUNTY TREASURER SHALL NOT SELL
ANY TAX CERTIFICATE RESPECTING A PARCEL OF DELINQUENT LAND UPON
WHICH THE FULL AMOUNT OF DELINQUENT TAXES, ASSESSMENTS,
PENALTIES, INTEREST, CHARGES, AND COSTS THEN DUE AND PAYABLE HAVE BEEN
PAID, OR A VALID UNDERTAKING TO PAY THAT AMOUNT HAS BEEN ENTERED
INTO UNDER SECTION 323.31 OF THE REVISED CODE,
PRIOR TO THE SALE OF THE
CERTIFICATE BY THE COUNTY TREASURER. A CERTIFICATE SOLD
IN VIOLATION OF THIS SECTION IS VOID.
(B) IF, WITHIN SIXTY DAYS AFTER THE DATE OF THE SALE OF A TAX
CERTIFICATE, THE COUNTY TREASURER DISCOVERS THAT THE CERTIFICATE
IS VOID UNDER DIVISION (A) OF
THIS SECTION, THE HOLDER OF THE VOID CERTIFICATE IS ENTITLED TO
A REFUND OF THE CERTIFICATE PURCHASE PRICE AND THE FEE CHARGED
BY THE TREASURER UNDER DIVISION (H) OF SECTION 5721.32 OF THE
REVISED CODE. IF THE COUNTY TREASURER
DISCOVERS AFTER THAT SIXTY-DAY PERIOD THAT A TAX CERTIFICATE IS
VOID, THE HOLDER OF THE VOID CERTIFICATE IS ENTITLED TO A REFUND
EQUAL TO THE CERTIFICATE PURCHASE PRICE AND THE
TREASURER'S FEE, PLUS INTEREST ON THE CERTIFICATE PURCHASE PRICE
AT THE RATE OF FIVE PER CENT PER YEAR. THE HOLDER OF A VOID
CERTIFICATE SHALL PRESENT THE CERTIFICATE TO THE COUNTY
TREASURER TO OBTAIN THE REFUND, AND THE COUNTY AUDITOR SHALL
ISSUE A WARRANT FOR THE AMOUNT OF THE REFUND FROM THE UNDIVIDED TAX FUND.
Sec. 5721.34. A TAX CERTIFICATE VESTS IN THE
CERTIFICATE HOLDER THE FIRST LIEN OF THE STATE AND ITS TAXING DISTRICTS,
SUPERIOR TO ALL OTHER LIENS
AND ENCUMBRANCES UPON THE PARCEL DESCRIBED IN THE TAX CERTIFICATE, IN THE
AMOUNT OF THE CERTIFICATE REDEMPTION PRICE, EXCEPT LIENS FOR FEDERAL TAXES
NOTICE OF WHICH
IS PROPERLY FILED UNDER SECTION 317.09 OF THE REVISED
CODE PRIOR TO THE INSTITUTION OF FORECLOSURE PROCEEDINGS
UNDER SECTION 5721.36 OF THE REVISED CODE.
Sec. 5721.35. (A) THE PURCHASER OF A TAX CERTIFICATE
PURSUANT TO SECTION 5721.32 of the Revised Code MAY TRANSFER THE CERTIFICATE TO ANY PERSON,
EXCEPT THE OWNER OF THE CERTIFICATE PARCEL, AND THE TRANSFEREE OF A TAX
CERTIFICATE SUBSEQUENTLY MAY TRANSFER THE
CERTIFICATE TO ANY OTHER PERSON, EXCEPT THE OWNER OF THE CERTIFICATE PARCEL.
THE TRANSFEROR OF A TAX
CERTIFICATE SHALL ENDORSE THE CERTIFICATE AND SHALL SWEAR TO THE
ENDORSEMENT BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO
ADMINISTER OATHS. THE TRANSFEREE SHALL PRESENT THE ENDORSED
CERTIFICATE AND A VALID FORM OF IDENTIFICATION SHOWING THE TRANSFEREE'S
TAXPAYER IDENTIFICATION NUMBER TO THE COUNTY TREASURER THAT PREPARED AND SOLD
THE
CERTIFICATE, WHO SHALL, UPON PAYMENT OF A FEE OF TWENTY DOLLARS TO COVER THE
COSTS ASSOCIATED
WITH THE TRANSFER OF A TAX CERTIFICATE, ENTER UPON THE REGISTER OF CERTIFICATE
HOLDERS OPPOSITE THE CERTIFICATE ENTRY THE NAME AND ADDRESS OF
THE TRANSFEREE AND THE DATE OF ENTRY. NO REQUEST FOR FORECLOSURE SHALL
BE FILED BY ANY PERSON OTHER THAN THE PERSON SHOWN ON THE
REGISTER TO BE THE CERTIFICATE HOLDER OR AN AGENT OF THAT PERSON
PROPERLY AUTHORIZED TO ACT IN THAT PERSON'S BEHALF.
(B)(1) APPLICATION MAY BE MADE TO THE COUNTY TREASURER FOR A
DUPLICATE CERTIFICATE IF A CERTIFICATE IS ALLEGED BY AFFIDAVIT TO HAVE BEEN
LOST OR DESTROYED. THE TREASURER SHALL ISSUE A DUPLICATE CERTIFICATE, UPON
PAYMENT OF A FEE OF TWENTY DOLLARS TO COVER THE COSTS OF ISSUING THE DUPLICATE
CERTIFICATE.
(2) THE DUPLICATE CERTIFICATE SHALL BE PLAINLY MARKED OR STAMPED
"DUPLICATE."
(3) THE TREASURER SHALL ENTER THE FACT OF THE DUPLICATE IN THE
REGISTER OF CERTIFICATE HOLDERS.
Sec. 5721.36. (A) AT ANY TIME AFTER ONE YEAR FROM THE
DATE SHOWN ON A TAX CERTIFICATE AS THE DATE THE TAX CERTIFICATE
WAS SOLD, AND NOT LATER THAN THREE YEARS AFTER THAT DATE, THE
CERTIFICATE HOLDER MAY FILE WITH
THE COUNTY TREASURER A REQUEST FOR FORECLOSURE ON A FORM PRESCRIBED BY
THE TAX COMMISSIONER AND PROVIDED BY THE COUNTY TREASURER,
PROVIDED THE PARCEL HAS NOT YET BEEN REDEEMED UNDER DIVISION
(A) OR (C) OF SECTION 5721.37 OF THE REVISED
CODE. ALONG WITH THE REQUEST, THE CERTIFICATE HOLDER SHALL
SUBMIT A PAYMENT TO THE TREASURER EQUAL TO THE SUM OF THE
FOLLOWING:
(1) THE CERTIFICATE REDEMPTION PRICES OF ANY OTHER TAX
CERTIFICATES THAT HAVE BEEN SOLD ON THE PARCEL;
(2) ANY DELINQUENT TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES CHARGED AGAINST THE PARCEL THAT ARE NOT
COVERED BY A TAX CERTIFICATE;
(3) A FEE IN AN AMOUNT PRESCRIBED BY THE COUNTY
PROSECUTING ATTORNEY TO COVER THE PROSECUTING ATTORNEY'S
LEGAL COSTS INCURRED IN THE FORECLOSURE PROCEEDING.
IF THE PARCEL HAS NOT BEEN REDEEMED, THE COUNTY TREASURER SHALL PROVIDE
CERTIFICATION TO THE COUNTY PROSECUTING ATTORNEY THAT THE PARCEL HAS NOT
BEEN REDEEMED AND THAT THE CERTIFICATE HOLDER HAS MADE A FORECLOSURE REQUEST.
WITHIN SIXTY DAYS OF RECEIVING THAT
CERTIFICATION, THE PROSECUTING ATTORNEY SHALL COMMENCE A FORECLOSURE
PROCEEDING IN THE NAME OF THE COUNTY TREASURER IN THE MANNER PROVIDED UNDER
SECTION 323.25 OR 5721.18 of the Revised Code, TO FORECLOSE THE LIEN
VESTED IN THE CERTIFICATE HOLDER BY THE CERTIFICATE. THE COUNTY TREASURER'S
CERTIFICATION THAT THE PARCEL HAS NOT BEEN REDEEMED SHALL BE ATTACHED TO THE
COMPLAINT.
(B) THE COUNTY TREASURER
SHALL CREDIT THE AMOUNT RECEIVED UNDER DIVISION
(A)(1) OF THIS SECTION TO THE
TAX CERTIFICATE REDEMPTION FUND. THE TAX CERTIFICATES
RESPECTING THE PAYMENT SHALL BE REDEEMED AS PROVIDED IN DIVISION
(E) OF SECTION 5721.37 OF THE
REVISED CODE. THE AMOUNT RECEIVED
UNDER DIVISION (A)(2) OF THIS
SECTION SHALL BE DISTRIBUTED TO THE TAXING DISTRICTS TO WHICH
THE DELINQUENCIES ARE OWED. THE TREASURER SHALL TRANSFER THE
FEE RECEIVED UNDER DIVISION
(A)(3) OF THIS SECTION TO THE
COUNTY PROSECUTING ATTORNEY.
(C) IF A CERTIFICATE HOLDER DOES NOT FILE WITH THE COUNTY
TREASURER A REQUEST
FOR FORECLOSURE FOR A CERTIFICATE PARCEL ALONG WITH THE REQUIRED PAYMENT
WITHIN THREE YEARS AFTER THE DATE
SHOWN ON THE TAX CERTIFICATE AS THE DATE THE CERTIFICATE WAS SOLD, AND DURING
THAT PERIOD THE PARCEL IS NOT REDEEMED OR FORECLOSED UPON, THE CERTIFICATE
HOLDER'S LIEN AGAINST THE PARCEL FOR THE AMOUNT OF DELINQUENT TAXES,
ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES THAT MAKE UP THE CERTIFICATE
PURCHASE PRICE IS CANCELED.
Sec. 5721.37. (A) AT ANY TIME PRIOR TO THE
COMMENCEMENT OF FORECLOSURE PROCEEDINGS UNDER SECTION 5721.36 OF THE
REVISED CODE BY THE SUBMITTING OF THE PAYMENT TO THE
COUNTY TREASURER BY THE CERTIFICATE HOLDER UNDER DIVISION (A) OF THAT
SECTION, THE OWNER OF RECORD OF THE
CERTIFICATE PARCEL, OR ANY OTHER PERSON ENTITLED TO REDEEM THAT
PARCEL, MAY REDEEM THE PARCEL BY PAYING TO THE COUNTY TREASURER
AN AMOUNT EQUAL TO THE TOTAL OF THE CERTIFICATE REDEMPTION PRICES
OF ALL TAX CERTIFICATES RESPECTING THAT PARCEL PLUS THE SUM OF
TAXES, ASSESSMENTS, PENALTIES, CHARGES, AND INTEREST CHARGED AGAINST THE
PARCEL THAT HAVE BECOME DUE AND PAYABLE SINCE THE DATE THE
LAST CERTIFICATE WAS SOLD.
(B) AT ANY TIME AFTER THE COMMENCEMENT OF FORECLOSURE
PROCEEDINGS UNDER SECTION 5721.36 OF THE REVISED
CODE BY THE SUBMITTING OF THE PAYMENT TO THE COUNTY TREASURER BY THE
CERTIFICATE HOLDER UNDER DIVISION (A) OF THAT SECTION AND
PRIOR TO THE FILING OF THE ENTRY OF CONFIRMATION
OF SALE OF A CERTIFICATE PARCEL, THE OWNER OF RECORD OF THE
CERTIFICATE PARCEL OR ANY OTHER PERSON ENTITLED TO REDEEM THAT
PARCEL MAY REDEEM THE PARCEL BY PAYING TO THE COUNTY TREASURER
THE AMOUNT DESCRIBED IN DIVISION (A) OF THIS SECTION PLUS INTEREST ON
THE CERTIFICATE PURCHASE PRICE FOR EACH TAX CERTIFICATE SOLD RESPECTING THE
PARCEL AT THE RATE OF EIGHTEEN PER CENT PER YEAR FOR THE PERIOD BEGINNING ON
THE DAY ON WHICH THE PAYMENT WAS SUBMITTED BY THE CERTIFICATE HOLDER, TOGETHER
WITH AN AMOUNT EQUAL TO THE
SUM OF THE PROSECUTING ATTORNEY'S FEE UNDER DIVISION (A)(3) OF
SECTION 5721.36 of the Revised Code AND ANY OTHER COSTS OF THE PROCEEDING ALLOCABLE TO THE
PARCEL AS DETERMINED BY THE COURT.
(C) DURING THE PERIOD BEGINNING ON THE DATE A TAX CERTIFICATE
IS SOLD AND ENDING ONE YEAR FROM THAT DATE, THE OWNER OF RECORD
OF THE CERTIFICATE PARCEL, OR ANY OTHER PERSON ENTITLED TO
REDEEM THAT PARCEL, MAY ENTER INTO A REDEMPTION PAYMENT PLAN
WITH THE COUNTY TREASURER. THE PLAN SHALL REQUIRE THE OWNER OR
OTHER PERSON TO PAY THE CERTIFICATE REDEMPTION PRICE FOR THE TAX
CERTIFICATE IN INSTALLMENTS, WITH THE FINAL INSTALLMENT DUE NO
LATER THAN ONE YEAR AFTER THE DATE THE TAX CERTIFICATE IS
SOLD.
(D)(1) IMMEDIATELY UPON RECEIPT OF FULL PAYMENT
UNDER DIVISION (A) OR (B) OF THIS SECTION, THE
COUNTY TREASURER SHALL MAKE AN ENTRY TO THAT EFFECT IN THE TAX CERTIFICATE
REGISTER AND NOTIFY EACH
CERTIFICATE HOLDER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
THAT THE PARCEL HAS BEEN REDEEMED AND THE LIEN CANCELED AND THAT TAX
CERTIFICATES MAY BE REDEEMED. THE
COUNTY TREASURER SHALL DEPOSIT INTO THE TAX CERTIFICATE REDEMPTION FUND
CREATED IN THE COUNTY TREASURY AN AMOUNT EQUAL TO THE TOTAL OF
THE CERTIFICATE REDEMPTION PRICES, TOGETHER WITH INTEREST ON THE CERTIFICATE
PURCHASE PRICE FOR EACH TAX CERTIFICATE SOLD RESPECTING THE PARCEL AT THE RATE
OF EIGHTEEN PER CENT PER YEAR PAID UNDER DIVISION (B) OF THIS SECTION
FOR THE PERIOD BEGINNING WHEN THE PAYMENT WAS SUBMITTED BY THE CERTIFICATE
HOLDER UNDER DIVISION (A) OF SECTION 5721.36 of the Revised Code AND ENDING WHEN THE
PARCEL WAS REDEEMED. THE COUNTY TREASURER SHALL ADMINISTER THE
FUND FOR THE PURPOSE OF REDEEMING TAX CERTIFICATES. INTEREST EARNED ON THE
FUND SHALL BE CREDITED TO THE COUNTY GENERAL FUND.
(2) IF A REDEMPTION PAYMENT PLAN IS ENTERED INTO PURSUANT TO
DIVISION (C) OF THIS SECTION, THE COUNTY TREASURER
IMMEDIATELY SHALL NOTIFY EACH CERTIFICATE HOLDER BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, OF THE TERMS OF THE PLAN. INSTALLMENT
PAYMENTS MADE PURSUANT TO THE PLAN SHALL BE DEPOSITED IN THE TAX CERTIFICATE
REDEMPTION FUND. ANY OVERPAYMENT OF
THE INSTALLMENTS SHALL BE REFUNDED TO THE PERSON RESPONSIBLE FOR CAUSING THE
OVERPAYMENT IF THE PERSON APPLIES FOR A REFUND UNDER THIS SECTION.
IF THE PERSON RESPONSIBLE FOR CAUSING THE OVERPAYMENT FAILS TO APPLY FOR
A REFUND UNDER THIS SECTION WITHIN FIVE YEARS FROM THE DATE THE PLAN IS
SATISFIED, AN AMOUNT EQUAL TO THE OVERPAYMENT SHALL BE DISPOSED OF AS
UNCLAIMED FUNDS UNDER CHAPTER 169. OF THE
REVISED
CODE.
UPON SATISFACTION OF THE PLAN, THE COUNTY
TREASURER SHALL INDICATE IN THE TAX
CERTIFICATE REGISTER THAT THE PLAN HAS BEEN SATISFIED, AND SHALL
NOTIFY EACH CERTIFICATE HOLDER BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, THAT THE PLAN HAS BEEN SATISFIED AND THAT TAX
CERTIFICATES MAY BE REDEEMED.
IF A PLAN BECOMES VOID, THE COUNTY TREASURER
IMMEDIATELY SHALL NOTIFY EACH CERTIFICATE HOLDER BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED. IF A CERTIFICATE HOLDER FILES A REQUEST FOR
FORECLOSURE UNDER SECTION 5721.36 of the Revised Code, UPON THE CONFIRMATION OF SALE
RESULTING FROM THE FORECLOSURE, ANY MONEY PAID UNDER THE
PLAN PRIOR TO ITS BECOMING VOID SHALL BE APPLIED TO
PAYMENT AS PRESCRIBED UNDER DIVISIONS (A), (B),
AND (C) OF SECTION 5721.38 OF THE REVISED
CODE. ANY RESIDUE REMAINING AFTER SUCH PAYMENT SHALL BE
DISPOSED OF UNDER SECTION 5721.20 OF THE REVISED
CODE.
(E) TO REDEEM A TAX CERTIFICATE, THE
CERTIFICATE HOLDER SHALL PRESENT THE TAX CERTIFICATE TO THE
COUNTY TREASURER, WHO SHALL PREPARE THE REDEMPTION INFORMATION. UPON
PRESENTATION, THE COUNTY AUDITOR SHALL DRAW
A WARRANT ON THE TAX CERTIFICATE REDEMPTION FUND IN THE AMOUNT OF THE
CERTIFICATE REDEMPTION PRICE. FOR A PARCEL THAT WAS REDEEMED UNDER DIVISION
(B) OF THIS SECTION, THE
CERTIFICATE HOLDER WHO PAID THE AMOUNTS UNDER DIVISION
(A) OF SECTION 5721.36 OF THE REVISED
CODE SHALL BE REIMBURSED FOR
THOSE AMOUNTS, TOGETHER WITH INTEREST AT THE RATE OF EIGHTEEN
PER CENT PER YEAR ON THE AMOUNT PAID UNDER DIVISION
(A)(1) OF THAT SECTION FOR THE
PERIOD BEGINNING WHEN THE PAYMENT WAS SUBMITTED BY THE CERTIFICATE HOLDER
UNDER DIVISION (A) OF THAT SECTION AND
ENDING WHEN THE PARCEL WAS REDEEMED. THE TREASURER
SHALL MARK ALL COPIES OF THE TAX
CERTIFICATE "REDEEMED" AND RETURN THE CERTIFICATE TO THE CERTIFICATE HOLDER.
THE CANCELED CERTIFICATE SHALL SERVE AS A RECEIPT EVIDENCING
REDEMPTION OF THE TAX CERTIFICATE. IF A CERTIFICATE HOLDER FAILS TO
REDEEM A TAX CERTIFICATE WITHIN FIVE YEARS AFTER NOTICE IS SERVED
UNDER DIVISION (D) OF THIS SECTION THAT TAX CERTIFICATES MAY BE
REDEEMED, AN AMOUNT EQUAL TO
THE CERTIFICATE REDEMPTION PRICE SHALL BE DISPOSED OF AS
UNCLAIMED FUNDS UNDER CHAPTER 169. OF THE REVISED
CODE.
Sec. 5721.38. IN ITS JUDGMENT OF FORECLOSURE RENDERED
WITH RESPECT TO ACTIONS FILED PURSUANT TO SECTION 5721.36 OF THE
REVISED CODE, THE COURT SHALL ENTER A FINDING
WITH RESPECT TO THE CERTIFICATE PARCEL OF THE AMOUNT OF THE SUM OF THE
CERTIFICATE REDEMPTION PRICES RESPECTING ALL THE TAX CERTIFICATES SOLD AGAINST
THE PARCEL; INTEREST ON THE CERTIFICATE PURCHASE
PRICES OF THOSE CERTIFICATES AT THE RATE OF EIGHTEEN PER CENT PER YEAR FOR THE
PERIOD BEGINNING ON THE DAY ON WHICH THE PAYMENT WAS SUBMITTED BY THE
CERTIFICATE HOLDER UNDER DIVISION (A) OF SECTION 5721.36 of the Revised Code; ANY
DELINQUENT
TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES ON THE PARCEL THAT ARE
NOT COVERED BY A TAX CERTIFICATE; AND THE COSTS INCURRED IN THE
FORECLOSURE PROCEEDING INSTITUTED AGAINST THE PARCEL INCLUDING THE PROSECUTING
ATTORNEY'S COSTS REPRESENTED BY THE FEE PAID UNDER DIVISION (A)(3) OF
SECTION 5721.36 of the Revised Code. THE COURT MAY ORDER THE CERTIFICATE PARCEL TO BE SOLD,
WITHOUT APPRAISAL, FOR NOT LESS THAN THE AMOUNT OF ITS FINDING.
EACH CERTIFICATE PARCEL SHALL BE ADVERTISED AND SOLD BY
THE OFFICER TO WHOM THE ORDER OF SALE IS DIRECTED IN THE MANNER
PROVIDED BY LAW FOR THE SALE OF REAL PROPERTY ON EXECUTION. THE
ADVERTISEMENT FOR SALE OF CERTIFICATE PARCELS SHALL BE PUBLISHED
ONCE A WEEK FOR THREE CONSECUTIVE WEEKS AND SHALL INCLUDE THE
DATE ON WHICH A SECOND SALE WILL BE CONDUCTED IF NO BID IS
ACCEPTED AT THE FIRST SALE. ANY NUMBER OF PARCELS MAY BE
INCLUDED IN ONE ADVERTISEMENT.
WHENEVER THE OFFICER CHARGED TO
CONDUCT THE SALE OFFERS A CERTIFICATE PARCEL FOR SALE AND NO BIDS
ARE MADE EQUAL TO AT LEAST THE AMOUNT OF THE COURT'S FINDING,
THE OFFICER SHALL ADJOURN THE SALE OF THE PARCEL TO THE SECOND DATE THAT WAS
SPECIFIED IN THE ADVERTISEMENT OF SALE. THE SECOND SALE
SHALL BE HELD AT THE SAME PLACE AND COMMENCE AT THE SAME TIME AS
SET FORTH IN THE ADVERTISEMENT OF SALE. THE OFFICER SHALL OFFER
ANY PARCEL NOT SOLD AT THE FIRST SALE. UPON THE CONCLUSION OF
ANY SALE, OR IF ANY PARCEL REMAINS UNSOLD AFTER BEING OFFERED AT
TWO SALES, THE OFFICER CONDUCTING THE SALE SHALL REPORT THE
RESULTS TO THE COURT.
UPON THE CONFIRMATION OF A SALE, THE PROCEEDS OF THE
SALE SHALL BE APPLIED AS FOLLOWS:
(A) THE COSTS INCURRED IN THE PROCEEDING FILED
AGAINST THE PARCEL PURSUANT TO SECTION 5721.36 OF THE
REVISED CODE, NOT INCLUDING THE COUNTY PROSECUTOR'S COSTS
COVERED BY THE FEE PAID BY THE CERTIFICATE HOLDER UNDER DIVISION
(A)(3) OF THAT SECTION, SHALL BE PAID FIRST;
(B) FOLLOWING THE PAYMENT REQUIRED BY DIVISION
(A) OF THIS SECTION, THE CERTIFICATE HOLDER THAT REQUESTED THE
FORECLOSURE SHALL BE PAID THE SUM OF THE AMOUNT FOUND DUE FOR THE
CERTIFICATE REDEMPTION PRICES OF ALL THE TAX CERTIFICATES SOLD AGAINST THE
PARCEL; INTEREST ON THE CERTIFICATE PURCHASE PRICES
OF THOSE CERTIFICATES AT THE RATE OF EIGHTEEN PER CENT PER YEAR BEGINNING ON
THE DAY ON WHICH THE PAYMENT WAS SUBMITTED BY THE CERTIFICATE HOLDER UNDER
DIVISION (A) OF SECTION 5721.36 of the Revised Code AND ENDING ON THE DAY OF
THE SALE; AND THE AMOUNTS PAID BY THE CERTIFICATE HOLDER UNDER DIVISIONS
(A)(2) AND (3) OF SECTION 5721.36 of the Revised Code;
(C) FOLLOWING THE PAYMENT REQUIRED BY DIVISION
(B) OF THIS SECTION, ANY AMOUNT DUE FOR TAXES,
ASSESSMENTS, CHARGES, PENALTIES, AND INTEREST NOT COVERED BY THE TAX
CERTIFICATE HOLDER'S PAYMENT UNDER DIVISION (A)(2) OF SECTION 5721.36
of the Revised Code SHALL BE PAID, INCLUDING ALL TAXES, ASSESSMENTS, CHARGES, PENALTIES, AND
INTEREST PAYABLE SUBSEQUENT TO THE ENTRY OF THE FINDING AND PRIOR
TO THE TRANSFER OF THE DEED OF THE PARCEL TO THE PURCHASER
FOLLOWING CONFIRMATION OF SALE. IF THE PROCEEDS AVAILABLE FOR
DISTRIBUTION PURSUANT TO THIS DIVISION ARE INSUFFICIENT TO PAY
THE ENTIRE AMOUNT OF THOSE TAXES, ASSESSMENTS, CHARGES,
PENALTIES, AND INTEREST, THE PROCEEDS SHALL BE PAID TO EACH
CLAIMANT IN PROPORTION TO THE AMOUNT OF THOSE TAXES, ASSESSMENTS,
CHARGES, PENALTIES, AND INTEREST THAT EACH IS DUE, AND THOSE
TAXES, ASSESSMENTS, CHARGES, PENALTIES, AND INTEREST ARE DEEMED
SATISFIED.
ANY RESIDUE OF MONEY FROM PROCEEDS OF THE SALE SHALL BE
DISPOSED OF AS PRESCRIBED BY SECTION 5721.20 OF THE
REVISED CODE.
UPON CONFIRMATION OF A SALE, A SPOUSE OF THE PARTY
DEFENDANT THEREBY IS BARRED OF THE RIGHT OF DOWER IN THE PROPERTY
SOLD, THOUGH THE SPOUSE WAS NOT A PARTY TO THE ACTION.
UNLESS THE PARCEL PREVIOUSLY WAS REDEEMED PURSUANT TO
SECTION 5721.25 OR 5721.37 OF THE REVISED CODE,
UPON THE FILING OF THE ENTRY OF CONFIRMATION OF SALE, THE TITLE
TO THE PARCEL IS INCONTESTABLE IN THE PURCHASER AND IS FREE AND
CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT A FEDERAL TAX LIEN
NOTICE OF WHICH IS PROPERLY FILED IN ACCORDANCE WITH SECTION
317.09 OF THE REVISED CODE PRIOR TO THE DATE THAT
A FORECLOSURE PROCEEDING IS INSTITUTED PURSUANT TO SECTION
5721.36 OF THE REVISED CODE AND THE EASEMENTS AND
COVENANTS OF RECORD RUNNING WITH THE LAND OR LOTS THAT WERE
CREATED PRIOR TO THE TIME THE TAXES OR ASSESSMENTS, FOR THE
NONPAYMENT OF WHICH A TAX CERTIFICATE WAS ISSUED AND THE PARCEL
SOLD AT FORECLOSURE, BECAME DUE AND PAYABLE.
THE TITLE SHALL NOT BE INVALID BECAUSE OF ANY
IRREGULARITY, INFORMALITY, OR OMISSION OF ANY PROCEEDINGS UNDER
THIS CHAPTER, OR IN ANY PROCESSES OF TAXATION, IF SUCH
IRREGULARITY, INFORMALITY, OR OMISSION DOES NOT ABROGATE THE
PROVISION FOR NOTICE TO HOLDERS OF TITLE, LIEN, OR MORTGAGE TO,
OR OTHER INTERESTS IN, SUCH FORECLOSED PARCELS, AS PRESCRIBED IN
THIS CHAPTER.
Sec. 5721.39. IF ANY CERTIFICATE PARCEL IS TWICE
OFFERED FOR SALE PURSUANT TO SECTION 5721.38 OF THE
REVISED CODE AND REMAINS UNSOLD FOR WANT OF
BIDDERS, THE OFFICER WHO CONDUCTED THE SALES SHALL CERTIFY TO THE
COURT THAT THE PARCEL REMAINS UNSOLD AFTER TWO SALES. THE
COURT, BY ENTRY, SHALL ORDER THE PARCEL FORFEITED TO THE
CERTIFICATE HOLDER WHO FILED THE REQUEST FOR FORECLOSURE UNDER SECTION 5721.36
OF THE REVISED CODE. THE CLERK OF THE COURT
SHALL CERTIFY COPIES OF THE COURT'S ORDER TO THE COUNTY
TREASURER. THE COUNTY TREASURER SHALL NOTIFY THE CERTIFICATE
HOLDER BY ORDINARY AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
THAT THE PARCEL REMAINS UNSOLD, AND SHALL INSTRUCT THE CERTIFICATE
HOLDER OF THE MANNER IN WHICH THE HOLDER SHALL OBTAIN THE DEED TO
THE PARCEL. THE OFFICER WHO CONDUCTED THE SALES SHALL PREPARE AND RECORD THE
DEED CONVEYING TITLE TO THE PARCEL TO THE CERTIFICATE HOLDER.
UPON TRANSFER OF THE DEED TO THE CERTIFICATE HOLDER
UNDER THIS SECTION, ALL RIGHT, TITLE, CLAIM, AND INTEREST OF THE
FORMER OWNER OF THE CERTIFICATE PARCEL ARE TRANSFERRED TO AND
VESTED IN THE CERTIFICATE HOLDER.
Sec. 5721.40. INTEREST REQUIRED UNDER SECTIONS 5721.30 TO
5721.40 OF THE REVISED CODE IS SIMPLE INTEREST. INTEREST
CHARGES UNDER THOSE SECTIONS SHALL ACCRUE ON A
MONTHLY BASIS, ON THE FIRST DAY OF THE MONTH FOLLOWING THE
BEGINNING OF THE PERIOD DURING WHICH INTEREST ACCRUES AND ON THE
FIRST DAY OF EACH SUBSEQUENT MONTH.
Section 2. That existing sections 169.02, 323.25, 323.31, 5721.01, 5721.03,
5721.06, and 5721.10 of the Revised Code are hereby repealed.
Section 3. Section 323.25 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 576 and Am. Sub. S.B. 332
of the 118th General Assembly, with the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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