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As Reported by the Senate Finance and
Financial Institutions Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. 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-BATEMAN-JONES-SCHULER-
VESPER-CALLENDER-O'BRIEN-THOMAS-SALERNO-WINKLER-HARRIS-
BEATTY-CORBIN-
SENATORS RAY-DRAKE-SUHADOLNIK
A BILL
To amend sections 169.03, 317.08, 323.25, 323.31, 5301.25, 5528.51, 5528.54,
5538.53, 5721.01, 5721.03,
5721.06, and
5721.10; to amend, for the purpose of adopting new section numbers as
indicated in parentheses, sections 5538.53 (5528.53) and 5721.30 (5721.46);
and to enact new section
5721.30 and sections 1109.65, 5528.57, and 5721.31 to
5721.41 of the Revised
Code relative to the authority of county treasurers
to collect
delinquent real property taxes by
selling certificates entitling the bearers
to liens against the property in
the amount of the
delinquency, to the issuance of general obligation bonds in support of and in
combination with the issuance of infrastructure project obligations, and to
the use of social security numbers by the Division of Unclaimed Funds in the
Department of Commerce.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 169.03, 317.08, 323.25, 323.31, 5301.25, 5528.51,
5528.54, 5538.53, 5721.01,
5721.03,
5721.06,
and 5721.10 be amended; sections 5538.53 (5528.53) and 5721.30 (5721.46) be
amended for the purpose
of adopting new section numbers as indicated in parentheses; and new section
5721.30 and sections 1109.65, 5528.57, 5721.31, 5721.32,
5721.33,
5721.34, 5721.35, 5721.36, 5721.37, 5721.38, 5721.39, 5721.40, and 5721.41 of
the
Revised Code be enacted to read as follows:
Sec. 169.03. (A)(1) Every holder of unclaimed funds and,
when requested, person which could be the holder of unclaimed
funds, under this chapter shall report to the director of
commerce with respect to the unclaimed funds as provided in this
section. The report shall be verified.
(2) With respect to items of unclaimed funds each having a
value of ten dollars or more, the report required under division
(A)(1) of this section shall include:
(a) The full name, if known, and last known address, if
any, of each person appearing from the records of the holder to
be the owner of unclaimed funds under this chapter;
(b) In the case of unclaimed funds reported by holders
providing life insurance coverage, the full name of the insured
or annuitant and beneficiary, if any, and their last known
addresses according to such holder's records;
(c) The nature and identifying number, if any, or
description of the funds and the amount appearing from the
records to be due;
(d) The date when the funds became payable, demandable, or
returnable and the date of the last transaction with the owner
with respect to the funds except with respect to each item of
unclaimed funds having a value of less than twenty-five dollars;
(e) Subject to division (I) of this section, the social security
number of the owner of the unclaimed funds, if it is available.;
(f) Other information which the director prescribes as
necessary for the administration of this chapter.
(3) With respect to items of unclaimed funds each having a
value of less than ten dollars, the report required under
division (A)(1) of this section shall include:
(a) Each category of items of unclaimed funds as described
in section 169.02 of the Revised Code;
(b) The number of items of unclaimed funds within each
category;
(c) The aggregated value of the items of unclaimed funds
within each category.
(B) If the holder of unclaimed funds is a successor to
other organizations that previously held the funds for the owner,
or if the holder has changed its name while holding the funds, it
shall file with the report all prior known names and addresses
and date and state of incorporation or formation of each holder
of the funds.
(C) The report shall be filed before the first day of
November of each year as of the preceding thirtieth day of June,
but the report of holders providing life insurance coverage shall
be filed before the first day of May of each year as of the
preceding thirty-first day of December. The director may
postpone, for good cause shown, the reporting date upon written
request by any holder required to file a report.
(D) The holder of unclaimed funds under this chapter shall
send notice to each owner of each item of unclaimed funds having
a value of twenty-five dollars or more at the last known address
of the owner as shown by the records of the holder before filing
the annual report. In case of holders providing life insurance
coverage, such notice shall also be mailed to each beneficiary at
the last known address of such beneficiary as shown by the
records of such holder, except that such notice to beneficiaries
shall not be mailed if such address is the same as that of the
insured and the surname of the beneficiary is the same as that of
the insured. The holder shall not report an item of unclaimed
funds earlier than the thirtieth day after the mailing of notice
required by this division.
Such notice shall set forth the nature and identifying
number, if any, or description of the funds and the amount
appearing on the records of the holder to be due the owner, and
shall inform the owner that the funds will, thirty days after the
mailing of such notice, be reported as unclaimed funds under this
chapter. A self-addressed, stamped envelope shall be included
with the notice, with instructions that the owner may use such
envelope to inform the holder of the owner's continued
interest in the
funds and, if so informed before the date for making the report
to the director, the holder shall not report said funds to the
director. The notice shall be mailed by first class mail. If
there is no address of record for the owner or other person
entitled to the unclaimed funds, the holder is relieved of any
responsibility of sending notice, attempting to notify, or
notifying the owner. The mailing of notice pursuant to this
section shall discharge the holder from any further
responsibility to give notice.
(E) Verification of the report and of the mailing of
notice, where required, shall be executed by an officer of the
reporting holder.
(F) The director may at reasonable times and upon
reasonable notice examine or cause to be examined, by auditors of
supervisory departments or divisions of the state, the records of
any holder to determine compliance with this chapter.
The director may enter into contracts, pursuant to
procedures prescribed by the director, with persons for the sole
purpose of examining the records of holders, determining
compliance with this chapter, and collecting, taking possession
of, and remitting to the department's division of unclaimed
funds, in a timely manner, the amounts found and defined as
unclaimed. Holders
shall retain records, designated by the director as applicable to
unclaimed funds, for five years beyond the relevant time period
provided in section 169.02 of the Revised Code, or until
completion of an audit conducted pursuant to this division,
whichever occurs first.
Records audited pursuant to this division are confidential,
and shall not be disclosed except as required by section 169.06
of the Revised Code or as the director considers necessary in the
proper administration of this chapter.
(G) All holders shall make sufficient investigation of
their records to insure ENSURE that the funds reported to the
director
are unclaimed as set forth in division (B) of section 169.01 and
section 169.02 of the Revised Code.
(H) The expiration of any period of limitations on or
after March 1, 1968, within which a person entitled to any
moneys, rights to moneys, or intangible property could have
commenced an action or proceeding to obtain the same shall not
prevent such items from becoming unclaimed funds or relieve the
holder thereof of any duty to report and give notice as provided
in this section and deliver the same in the manner provided in
section 169.05 of the Revised Code, provided that the holder may
comply with the provisions of this section and section 169.05 of
the Revised Code with respect to any moneys, rights to moneys, or
intangible property as to which the applicable statute of
limitations has run prior to March 1, 1968, and in such event the
holder shall be entitled to the protective provisions of section
169.07 of the Revised Code.
(I) No social security number contained in a report made pursuant
to this section shall be used BY THE DEPARTMENT OF COMMERCE for any
purpose other than to respond ENABLE THE DIVISION OF UNCLAIMED FUNDS
TO CARRY OUT THE PURPOSES OF THIS CHAPTER AND FOR CHILD SUPPORT PURPOSES IN
RESPONSE to a
request
made by the division of child support in the department of human services made
pursuant to section 5101.327 of the Revised Code.
Sec. 317.08. Except as provided in division (F) of this
section, the county recorder shall keep six separate sets
of records as follows:
(A) A record of deeds, in which shall be recorded all
deeds and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided for in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws as provided for in Chapter 5311. of the
Revised Code; affidavits as provided for in section 5301.252 of
the Revised Code; all certificates as provided for in section
5311.17 of the Revised Code; all articles dedicating
archaeological preserves accepted by the director of the Ohio
historical society under section 149.52 of the Revised Code; all
articles dedicating nature preserves accepted by the director of
natural resources under section 1517.05 of the Revised Code; all
agreements for the registration of lands as archaeological or
historic landmarks under section 149.51 or 149.55 of the Revised
Code; all conveyances of conservation easements under section
5301.68 of the Revised Code; all instruments or orders described
in division (B)(1)(c)(ii) of section 5301.56 of the Revised Code;
all no further action letters issued under section 3746.11 of the
Revised Code; all covenants not to sue issued under section
3746.12 of the Revised Code; any restrictions on the use of
property identified pursuant to division (C)(3) of section
3746.10 of the Revised Code; and all memoranda of trust, as
described in division (A) of section 5301.255 of the Revised
Code, that describe specific real property;
(B) A record of mortgages, in which shall be recorded all
of the following:
(1) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered;
(2) All executory installment contracts for the sale of
land executed after September 29, 1961, that by their terms are
not required to be fully performed by one or more of the parties
to them within one year of the date of the contracts;
(3) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity;
(4) ANY TAX CERTIFICATE SOLD UNDER SECTION 5721.33 of the Revised Code, OR MEMORANDUM
THEREOF, THAT IS PRESENTED FOR FILING OF RECORD.
(C) A record of powers of attorney, including all
memoranda of trust, as described in division (A) of section
5301.255 of the Revised Code, that do not describe specific real
property;
(D) A record of plats, in which shall be recorded all
plats and maps of town lots, of the subdivision of town lots, and
of other divisions or surveys of lands, any center line survey of
a highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings as provided for in Chapter 5311. of the Revised
Code;
(E) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases;
(F) A record of declarations
executed pursuant to section 2133.02 of the
Revised Code
and durable powers of attorney for health care executed pursuant to section
1337.12 of the Revised
Code.
All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep, and record in one volume unemployment compensation liens,
internal revenue tax liens and other liens in favor of the United
States as described in division (A) of section 317.09 of the
Revised Code, personal tax liens, mechanic's liens, agricultural
product liens, notices of liens, certificates of satisfaction or
partial release of estate tax liens, discharges of recognizances,
excise and franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13, 5111.021, and
5311.18
of the Revised Code.
The recording of an option to purchase real estate,
including any supplement, modification, and amendment of the
option, under this section shall serve as notice to any purchaser
of an interest in the real estate covered by the option only
during the period of the validity of the option as stated in the
option.
(G) In lieu of keeping the six separate
sets of records
required in divisions (A) to (F) of this section and the
records required in division (H) of this section, a county
recorder may
record all the instruments required to be recorded by this
section in two separate sets of record books. One set shall be
called the "official records" and shall contain the instruments
listed in divisions (A), (B), (C), (E), (F), and
(H) of this section. The second set of records shall
contain the instruments listed in
division (D) of this section.
(H) Except as provided in division (G)
of this section, the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the
recorder pursuant to section 2923.36 of the Revised Code and a
separate set of records containing all medicaid fraud lien
notices filed with the recorder pursuant to section 2933.75 of
the Revised Code.
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
county 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 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
the delinquent land duplicate lists minerals or rights to minerals
listed pursuant to sections 5713.04, 5713.05, and 5713.06 of the
Revised Code,
the county treasurer may enforce the lien for taxes against such minerals or
rights to minerals by civil action, in the treasurer's official capacity as
treasurer, in the manner prescribed by this section, or proceed as provided
under section 5721.30 5721.46 of the
Revised Code.
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, the prosecuting
attorney may cause service
to be made simultaneously by certified mail, return receipt
requested, ordinary
mail, and publication. 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 IN ACCORDANCE WITH
THAT SECTION;
(C) A TAX CERTIFICATE RESPECTING THAT PROPERTY HAS BEEN SOLD
UNDER SECTION 5721.32 OR 5721.33 of the Revised Code; PROVIDED, HOWEVER, THAT NOTHING IN
THIS DIVISION SHALL PROHIBIT THE
COUNTY TREASURER OR THE COUNTY PROSECUTING ATTORNEY FROM ENFORCING THE LIEN OF
THE STATE AND ITS POLITICAL SUBDIVISIONS FOR TAXES AGAINST A CERTIFICATE
PARCEL WITH RESPECT TO ANY OR ALL OF SUCH TAXES THAT AT THE TIME OF
ENFORCEMENT OF SUCH LIEN ARE NOT THE SUBJECT OF A TAX CERTIFICATE.
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 BY THE
COUNTY TREASURER AND THE COUNTY PROSECUTING ATTORNEY
pursuant to section 323.25 of the Revised Code or BY THE COUNTY PROSECUTING
ATTORNEY PURSUANT TO SECTION 5721.18 of the Revised Code, THE
COMMENCEMENT OF FORECLOSURE PROCEEDINGS BY A PRIVATE ATTORNEY PURSUANT TO
SECTION 5721.37 of the Revised Code, or THE
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 the 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. A DUPLICATE COPY OF EACH
SUCH UNDERTAKING SHALL BE MAILED BY FIRST CLASS
MAIL TO EACH CERTIFICATE HOLDER, AS DEFINED IN SECTION 5721.30 of the Revised Code, WHOSE
CERTIFICATE PARCEL, AS DEFINED IN SECTION 5721.30 of the Revised Code, IS THE SUBJECT OF THE
UNDERTAKING.
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
who owns and occupies
residential real property
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 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 OR 5721.33 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
5721.38 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.
(C) A CERTIFICATE HOLDER, AS DEFINED IN SECTION 5721.30 of the Revised Code, MAY
ALSO PAY ALL OF ANY DELINQUENT TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES ON THE RELATED CERTIFICATE PARCEL, AS DEFINED IN SECTION
5721.30 of the Revised Code, THE LIEN AGAINST WHICH HAS NOT BEEN TRANSFERRED BY THE SALE OF A
TAX CERTIFICATE, AS DEFINED IN SECTION 5721.30 of the Revised Code, AND THE AMOUNT OF THE
PAYMENT SHALL CONSTITUTE A SEPARATE LIEN AGAINST THE CERTIFICATE PARCEL WHICH
SHALL BE EVIDENCED BY THE ISSUANCE BY THE TREASURER TO THE CERTIFICATE HOLDER
OF AN ADDITIONAL TAX CERTIFICATE WITH RESPECT TO THE DELINQUENT TAXES,
ASSESSMENTS, PENALTIES, INTEREST, AND FEES SO PAID ON THE RELATED
CERTIFICATE PARCEL. THE AMOUNT OF THE PAYMENT AS SET FORTH IN THE TAX
CERTIFICATE SHALL EARN INTEREST AT THE RATE OF EIGHTEEN PER CENT PER YEAR. IF
THERE ARE MULTIPLE CERTIFICATE HOLDERS WITH RESPECT TO A CERTIFICATE PARCEL,
THE CERTIFICATE HOLDER OF THE MOST RECENTLY ISSUED TAX CERTIFICATE HAS THE
FIRST RIGHT TO PAY ANY CURRENT DELINQUENT TAXES, WHICH RIGHT SHALL BE
EXERCISED, IF AT ALL, WITHIN ONE HUNDRED EIGHTY DAYS AFTER SUCH TAXES BECOME
DELINQUENT.
Sec. 1109.65. IN ORDER TO PROTECT ITS INTEREST IN A PROPERTY, A BANK MAY
PURCHASE A TAX CERTIFICATE UNDER SECTION 5721.32 OR 5721.33 of the Revised Code.
Sec. 5301.25. (A) All deeds, land contracts referred to
in division (B)(2) of section 317.08 of the Revised Code, and
instruments of writing properly executed for the conveyance or
encumbrance of lands, tenements, or hereditaments, other than as
provided in DIVISION (C) OF THIS SECTION AND section 5301.23
of the Revised Code, shall be
recorded in the office of the county recorder of the county in
which the premises are situated, and until so recorded or filed
for record, they are fraudulent, so far as relates to a
subsequent bona fide purchaser having, at the time of purchase,
no knowledge of the existence of such former deed or land
contract or instrument.
(B) Whenever a survey is made of lands which are being
conveyed, the county auditor shall require that the name of the
person who made the survey appear in the deed. Such name shall
either be printed, typewritten, stamped, or signed in a legible
manner. An instrument is in compliance with this section if it
contains a statement in the following form:
"A survey of this property was made by .................."
(Name)
Division (B) of this section THIS DIVISION does not apply to any
court
decree, order, judgment, or writ, nor to any instrument executed
or acknowledged outside of this state, or executed within this
state prior to September 20, 1965.
(C) ALL TAX CERTIFICATES SOLD PURSUANT TO SECTION 5721.32 OR
5721.33 of the Revised Code, OR MEMORANDA THEREOF, MAY BE RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY IN WHICH THE PREMISES ARE SITUATED, AS PROVIDED
IN DIVISION (B) OF SECTION 5721.35 of the Revised Code; PROVIDED, HOWEVER, THAT THE
FIRST AND SUPERIOR LIEN OF THE STATE AND ITS TAXING DISTRICTS CONVEYED TO THE
HOLDER OF THE TAX CERTIFICATE, AS PROVIDED IN DIVISION (A) OF SECTION
5721.35 of the Revised Code, SHALL IN NO WAY BE DIMINISHED OR ADVERSELY AFFECTED IF THE TAX
CERTIFICATE EVIDENCING THE CONVEYANCE OF SUCH FIRST AND SUPERIOR LIEN, OR
MEMORANDUM THEREOF, IS NOT RECORDED AS PROVIDED IN THIS SECTION.
Sec. 5528.51. As used in sections 5528.51 to 5328.56 of the
Revised Code:
(A) "Bond proceedings" means the resolutions, trust agreements,
indentures, and other agreements, credit enhancement facilities, and
amendments
and supplements to the foregoing, or any one or more or combination thereof,
authorizing, awarding, or providing for the terms and conditions applicable to
or providing for the security or liquidity of obligations, and the provisions
contained in those obligations.
(B) "Bond service charges" means principal, including any
mandatory sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, and any redemption premium,
payable on obligations.
(C) "Bond service fund" means the fund, and any accounts in that
fund, created by section 5528.55 of the Revised Code, including all moneys and
investments, and earnings from investments, credited and to be credited to
that fund and accounts as and to the extent provided in the bond proceedings.
(D) "Commissioners of the sinking fund" or "commissioners" means
the board of commissioners of the sinking fund referred to in
Section 8 of Article VIII, Ohio Constitution, and section 129.01 of the
Revised Code.
(E) "Costs of projects" means the costs of acquiring,
constructing, reconstructing, rehabilitating, remodeling, renovating,
enlarging, improving, equipping, or furnishing projects, and the financing
thereof, including the cost of clearance and preparation of the site and of
any land to be used in connection with projects, the cost of any indemnity and
surety bonds and premiums on insurance, all related direct administrative
expenses and allocable portions of direct costs of the commissioners and
department of transportation, cost of engineering and architectural services,
designs, plans, specifications, surveys, and estimates of cost, legal fees,
fees and expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing charges and
fees and expenses of financial advisers and consultants in connection
therewith, interest on obligations from the date thereof to the time when
interest is to be covered from sources other than proceeds of obligations,
amounts necessary to establish any reserves as required by the bond
proceedings, costs of audits,
the reimbursement of all moneys advanced or applied by or borrowed from any
governmental agency, whether to or by the commissioners or others, from
whatever source provided, for the payment of any item or items of cost of
projects, and all other expenses necessary or incident to planning or
determining feasibility or practicability with respect to projects, and such
other expenses as may be necessary or incident to the acquisition,
construction, reconstruction, rehabilitation, remodeling, renovation,
enlargement, improvement, equipment, and furnishing of projects, the financing
thereof and the placing of the same in use and operation, including any one,
part of, or combination of such classes of costs and expenses.
(F) "Credit enhancement facilities," "financing costs," and
"interest" or "interest equivalent" have the meanings as in section 133.01 of
the Revised Code.
(G) "INFRASTRUCTURE PROJECT OBLIGATIONS" MEANS THOSE OBLIGATIONS ISSUED
FOR A PROJECT PURSUANT TO SECTION 5531.10 of the Revised Code.
(H) "Local government entity" means any county, municipal
corporation, township, or transportation improvement district, or any other
local government agency designated by law including by any capital
appropriations act.
(H)(I) "Net proceeds" means amounts received from the sale of
obligations, excluding amounts used to refund or retire outstanding
obligations, and does not include amounts required to be deposited into
special funds pursuant to the applicable bond proceedings, or financing costs
paid from such amounts received.
(I)(J) "Obligations" means bonds, notes, or other evidences
of
obligation of the state, including any interest coupons pertaining thereto,
issued pursuant to sections 5528.51 to 5528.56 of the Revised Code.
(J)(K) "Principal amount" means the aggregate of the amount
as
stated or provided for in the bond proceedings authorizing the obligations as
the amount on which interest or interest equivalent is initially calculated
and shall not include any premium paid by the initial purchaser of the
obligations.
(K)(L) "Project" means highway capital improvements, which
shall be
limited to highways, including those on the state highway system and urban
extensions thereof, those within or leading to public parks or recreation
areas, and those within or leading to municipal corporations.
(L)(M) "Special funds" or "funds", unless the context
indicates
otherwise, means the bond service fund, and any other funds, including any
reserve funds, created under the bond proceedings and stated to be special
funds in those proceedings, including all moneys and investments, and earnings
from investments, credited and to be credited to the particular fund. Special
funds do not include the highway capital improvement fund created by section
5528.53 of the Revised Code or other funds created by the bond
proceedings that are not stated by those proceedings to be special funds.
Sec. 5538.53 5528.53. The highway capital improvement fund is
hereby created in
the state treasury. The fund shall consist of the proceeds of obligations
issued pursuant to sections 5528.51 to 5528.56 of the Revised Code,
except for amounts deposited into special funds, or into escrow funds for the
purpose of refunding outstanding obligations, OR PURSUANT TO SECTION
5528.57 of the Revised Code. Money to the credit of this
fund
may be expended to pay costs of projects. All investment earnings of the fund
shall be credited to the fund. To the extent practicable,
Ohio products, materials, services, and labor
shall be used in any project financed in whole or in part from the fund.
Sec. 5528.54. (A) The commissioners of the sinking fund are
authorized to issue and sell, as provided in this section and in amounts from
time to time authorized by the general assembly, general obligations of this
state for the purpose of financing or assisting in the financing of the costs
of projects. The full faith and credit, revenues, and taxing power of the
state are and shall be pledged to the timely payment of bond service charges
on outstanding obligations, all in accordance with Section 2m of Article VIII,
Ohio Constitution and sections 5528.51 to 5528.56
of the Revised Code, and so long as such obligations are outstanding there
shall be levied and collected excises, taxes, and other revenues in amounts
sufficient to pay the bond service charges on such obligations and costs
relating to credit enhancement facilities.
(B) Not more than two hundred twenty million dollars principal amount
of obligations, plus the principal amount of obligations that in any prior
fiscal years could have been, but were not issued within that
two-hundred-twenty-million-dollar fiscal year limit, may be issued in any
fiscal year, and not more that one billion two hundred million dollars
principal amount of obligations may be outstanding at any one time, all
determined as provided in sections 5528.51 to 5528.56 of the Revised
Code.
(C) The state may participate in financing projects by grants,
loans, or contributions to local government entities.
(D) Each issue of obligations shall be authorized by resolution
of the commissioners. The bond proceedings shall provide for the principal
amount or maximum principal amount of obligations of an issue, and shall
provide for or authorize the manner for determining the principal maturity or
maturities, not exceeding the earlier of thirty years from the date of
issuance of the particular obligations or thirty years from the date the debt
represented by the particular obligations was originally contracted, the
interest rate or rates, the date of and the dates of payment of interest on
the
obligations, their denominations, and the establishment within or outside the
state of a place or places of payment of bond service charges. Sections 9.96,
9.98, 9.981, 9.982, and 9.983 of the Revised
Code are applicable to the obligations. The
purpose of the obligations may be stated in the bond proceedings as "financing
or assisting in the financing of highway capital improvement projects as
provided in Section 2m of Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any
portion to be deposited into special funds, or in INTO escrow
funds for the purpose
of refunding outstanding obligations, OR PURSUANT TO SECTION 5528.57
of the Revised Code, all as may be provided in the bond
proceedings, shall be deposited into the highway capital improvement fund
established by section 5528.53 of the Revised Code.
(F) The commissioners may appoint OR PROVIDE FOR THE APPOINTMENT OF
paying agents, bond registrars,
securities depositories, and transfer agents, and may retain the services of
financial advisers and accounting experts, and retain or contract for the
services of marketing, remarketing, indexing, and administrative agents, other
consultants, and independent contractors, including printing services, as are
necessary in the judgment of the commissioners to carry out sections 5528.51
to 5528.56 of the Revised Code. Financing costs are payable, as provided in
the bond proceedings, from the proceeds of the obligations, from special
funds, or from other moneys available for the purpose.
(G) The bond proceedings, including any trust agreement, may
contain additional provisions customary or appropriate to the financing or to
the obligations or to particular obligations including, but not limited
to:
(1) The redemption of obligations prior to maturity at the option of the
state or of the holder or upon the occurrence of certain conditions at such
price or prices and under such terms and conditions as are provided in the bond
proceedings;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application of special
funds, and the safeguarding of moneys on hand or on deposit, in lieu of
otherwise applicable provisions of Chapter 131. or 135. of the Revised
Code, but subject to any special provisions of
this section with respect to particular funds or moneys, and provided that any
bank or trust company that acts as a depository of any moneys in special funds
may furnish such indemnifying bonds or may pledge such securities as required
by the commissioners;
(4) Any or every provision of the bond proceedings binding upon the
commissioners and such state agency or local government entities, officer,
board, commission, authority, agency, department, or other person or body as
may from time to time have the authority under law to take such actions as may
be necessary to perform all or any part of the duty required by such
provision;
(5) The maintenance of each pledge, any trust agreement, or other
instrument composing part of the bond proceedings until the state has fully
paid or provided for the payment of the bond service charges on the obligations
or met other stated conditions;
(6) In the event of default in any payments required to be made by the
bond proceedings, or any other agreement of the commissioners made as part of a
contract under which the obligations were issued or secured, the enforcement of
such payments or agreements by mandamus, suit in equity, action at law, or any
combination of the foregoing;
(7) The rights and remedies of the holders of obligations and of the
trustee under any trust agreement, and provisions for protecting and enforcing
them, including limitations on rights of individual holders of obligations;
(8) The replacement of any obligations that become mutilated or are
destroyed, lost, or stolen;
(9) Provision for the funding, refunding, or advance refunding or other
provision for payment of obligations that will then no longer be outstanding
for purposes of sections 5528.51 to 5528.56 of the Revised Code or of the bond
proceedings;
(10) Any provision that may be made in bond proceedings or a trust
agreement, including provision for amendment of the bond proceedings;
(11) Any other or additional agreements with the holders of the
obligations relating to any of the foregoing;
(12) Such other provisions as the commissioners determine, including
limitations, conditions, or qualifications relating to any of the
foregoing.
(H) The great seal of the state or a facsimile of that seal may
be affixed to or printed on the obligations. The obligations requiring
signatures by the commissioners shall be signed by or bear the facsimile
signatures of two or more of the commissioners as provided in the bond
proceedings. Any obligations may be signed by the person who, on the date of
execution, is the authorized signer although on the date of such obligations
such person was not a commissioner. In case the individual whose signature or
a facsimile of whose signature appears on any obligation ceases to be a
commissioner before delivery of the obligation, such signature or facsimile is
nevertheless valid and sufficient for all purposes as if that individual had
remained the member until such delivery, and in case the seal to be affixed to
or printed on obligations has been changed after the seal has been affixed to
or a facsimile of the seal has been printed on the obligations, that seal or
facsimile seal shall continue to be sufficient as to those obligations and
obligations issued in substitution or exchange therefor.
(I) The obligations are negotiable instruments and securities
under Chapter 1308. of the Revised Code, subject to the provisions of the bond
proceedings as to registration. Obligations may be issued in coupon or in
fully registered form, or both, as the commissioners determine. Provision may
be made for the registration of any obligations with coupons attached as to
principal alone or as to both principal and interest, their exchange for
obligations so registered, and for the conversion or reconversion into
obligations with coupons attached of any obligations registered as to both
principal and interest, and for reasonable charges for such registration,
exchange, conversion, and reconversion. Pending preparation of definitive
obligations, the commissioners may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) Obligations may be sold at public sale or at private sale,
and at such price at, above or below par, as determined by the commissioners
in the bond proceedings.
(K) In the discretion of the commissioners, obligations may be
secured additionally by a trust agreement between the state and a corporate
trustee which may be any trust company or bank having its principal place of
business within the state. Any trust agreement may contain the resolution
authorizing the issuance of the obligations, any provisions that may be
contained in the bond proceedings, and other provisions that are customary or
appropriate in an agreement of the type.
(L) Except to the extent that their rights are restricted by the
bond proceedings, any holder of obligations, or a trustee under the bond
proceedings may by any suitable form of legal proceedings protect and enforce
any rights under the laws of this state or granted by the bond proceedings.
Such rights include the right to compel the performance of all duties of the
commissioners and the state. Each duty of the commissioners and its
employees, and of each state agency and local government entity and its
officers, members,
or employees, undertaken pursuant to the bond proceedings, is hereby
established as a duty of the commissioners, and of each such agency, local
government entity, officer, member, or employee having authority to perform
such duty, specifically enjoined by the law and resulting from an office,
trust, or station within the meaning of section 2731.01 of the Revised Code.
The persons who are at the time the commissioners of the sinking fund, or its
employees, are not liable in their personal capacities on any obligations or
any agreements of or with the commissioners relating to obligations or under
the bond proceedings.
(M) The commissioners may authorize and issue obligations for the
refunding, including funding and retirement, and advance refunding with or
without payment or redemption prior to maturity, of any obligations previously
issued. Such refunding obligations may be issued in amounts sufficient to pay
or to provide for payment of the principal amount, including principal amounts
maturing prior to the redemption of the remaining obligations, any redemption
premium, and interest accrued or to accrue to the maturity or redemption date
or dates, payable on the refunded obligations, and related financing costs and
any expenses incurred or to be incurred in connection with such issuance and
refunding. Subject to the applicable bond proceedings, the portion of the
proceeds of the sale of refunding obligations issued under this division to be
applied to bond service charges on the prior obligations shall be credited to
an appropriate separate account in the bond service fund and held in trust for
the purpose by the commissioners or by a corporate trustee. Obligations
authorized under this division shall be considered to be issued for those
purposes for which such prior obligations were issued, and, except as otherwise
provided in sections 5528.51 to 5528.56 of the Revised Code pertaining to
other obligations.
(N) The commissioners may authorize and issue obligations in the
form of bond anticipation notes and renew those notes from time to time by the
issuance of new notes. The holders of such notes or appertaining interest
coupons have the right to have bond service charges on those notes paid solely
from the moneys and special funds that are or may be pledged to the payment of
bond service charges on those notes, including the proceeds of such bonds or
renewal notes, or both, as the commissioners provide in the bond proceedings
authorizing the notes. Such notes may be additionally secured by convenants
of
the commissioners to the effect that the commissioners and the state will do
such or all things necessary for the issuance of bonds or renewal notes in the
appropriate amount, and apply the proceeds thereof to the extent necessary, to
make full and timely payment of the principal of and interest on such notes as
provided in such bond proceedings. For such purposes, the commissioners may
issue bonds or renewal notes in such principal amount and upon such terms as
may be necessary to provide moneys to pay when due the principal of and
interest on such notes. Except as otherwise provided in sections 5528.51 to
5528.56 of the Revised Code, notes authorized pursuant to this
division are subject to sections 5528.51 to 5528.56 of the
Revised Code pertaining to other obligations.
The commissioners in the bond proceedings authorizing the issuance of
bond anticipation notes shall set forth for the bonds anticipated by such
notes an estimated schedule of annual principal payments for such bonds over a
period of thirty years from the earlier of the date of issuance of the notes
or the date of original issuance of prior notes in anticipation of those
bonds. While the notes are outstanding there shall be deposited, as shall be
provided in the bond proceedings for those notes, from the sources authorized
for payment of
bond service charges on the bonds, amounts sufficient to pay the principal of
the bonds anticipated as set forth in that estimated schedule during the time
the notes are outstanding, which amounts shall be used solely to pay the
principal of those notes or of the bonds anticipated.
(O) Refunding or renewal obligations issued pursuant to division
(M) or (N) of
this section shall not be counted against the limitation on principal amount
provided for in division (B) of this section
and shall be in addition to the amount authorized by the general assembly as
provided for in division (A) of this section,
to the extent the principal amount of those obligations does not exceed the
then outstanding principal amount of the obligations to be refunded, renewed,
or retired. For the purposes of this section only, the principal amount of an
obligation issued to refund an outstanding obligation is the amount on which
interest or interest equivalent is initially calculated and shall not be
considered to include any premium paid by the initial purchaser of such
obligation.
(P) Obligations are lawful investments for banks, societies for
savings, savings and loan associations, deposit guarantee associations, trust
companies, trustees, fiduciaries, insurance companies, including domestic for
life and domestic not for life, trustees or other officers having charge of
sinking and bond retirement or other special funds of political subdivisions
and taxing districts of this state, the commissioners of the sinking fund, the
administrator of workers' compensation, subject to the approval of the
workers' compensation board and the industrial commission, the state teachers
retirement
system, the public employees retirement system, the school employees
retirement
system, and the police and firemen's disability and pension fund,
notwithstanding any other provisions of the Revised Code
or rules adopted pursuant thereto by any state agency with respect to
investments by them, and are also acceptable as security for the deposit of
public moneys.
(Q) Unless otherwise provided in any applicable bond proceedings,
moneys to the credit of or in the special funds established by or pursuant to
this section may be invested by or on behalf of the commissioners only in
notes, bonds, or other direct obligations of the
United States
or of any agency or instrumentality thereof, in obligations of this state or
any political subdivision of this state, in certificates of deposit of any
national bank located in this state and any bank, as defined in section
1101.01 of the Revised Code, subject to inspection by the
superintendent of financial institutions, in the
Ohio subdivision's fund established pursuant to section 135.45 of the Revised
Code, in no-front-end-load money market mutual
funds consisting exclusively of direct obligations of the United
States or of an agency or instrumentality thereof, and in repurchase
agreements, including those issued by any fiduciary, secured by direct
obligations of the United States
or an agency or instrumentality thereof, and in common trust funds established
in accordance with section 1109.20 of the Revised Code
and consisting exclusively of direct obligations of the
United States
or of an agency or instrumentality thereof, notwithstanding division
(A)(4) of that section. The income from
investments shall be credited to such special funds or otherwise as the
commissioners determine in the bond proceedings, and the investments may be
sold or exchanged at such times as the commissioners determine or
authorize.
(R) Unless otherwise provided in any applicable bond proceedings,
moneys to the credit of or in a special fund shall be disbursed on the order
of the
commissioners, provided that no such order is required for the payment from
the
bond service fund or other special fund when due of bond service charges or
required payments under credit enhancement facilities.
(S) The commissioners may covenant in the bond proceedings, and
any such covenants shall be controlling notwithstanding any other provision of
law, that the state and the applicable officers and agencies of the state,
including the general assembly, shall, so long as any obligations are
outstanding in accordance with their terms, maintain statutory authority for
and cause to be charged and collected taxes, excises, and other receipts of
the
state so that the receipts to the bond service fund shall be sufficient in
amounts to meet bond service charges and for the establishment and maintenance
of any reserves and other requirements, including payment of financing costs,
provided for in the bond proceedings.
(T) The obligations, and the transfer of, and the interest,
interest equivalent, and other income and accreted amounts from, including any
profit made on the sale, exchange, or other disposition of, the obligations
shall at all times be free from taxation, direct or indirect, within the
state.
Sec. 5528.57. (A) THE COMMISSIONERS OF THE SINKING FUND MAY
AUTHORIZE AND ENTER INTO AGREEMENTS REGARDING THE ISSUANCE OF GENERAL
OBLIGATIONS, AND MAY AUTHORIZE THE ISSUANCE OF THOSE GENERAL OBLIGATIONS
PURSUANT TO SUCH AGREEMENTS, WITHIN AMOUNTS AUTHORIZED FROM TIME TO TIME BY
THE GENERAL ASSEMBLY, IN SUPPORT OF AND IN COMBINATION WITH THE ISSUANCE OF
INFRASTRUCTURE PROJECT OBLIGATIONS PURSUANT TO SECTION 5531.10 of the Revised Code FOR THE
PURPOSE OF ASSISTING IN THE FINANCING OF PROJECTS, ALL IN ACCORDANCE WITH
SECTION 2m OF ARTICLE VIII, OHIO
CONSTITUTION, AND SECTIONS 5528.51 TO 5528.56 of the Revised Code EXCEPT AS
OTHERWISE PROVIDED IN THIS SECTION. ANY AGREEMENT AUTHORIZED AND ENTERED INTO
UNDER THIS SECTION MAY BE IRREVOCABLE AND MAY CONTAIN SUCH OTHER TERMS AND
CONDITIONS AS SHALL BE APPROVED BY THE COMMISSIONERS CONSISTENT WITH THIS
SECTION AND SECTIONS 5528.51 TO 5528.56 of the Revised Code.
(B) THE PRINCIPAL AMOUNT OF OBLIGATIONS AT THE TIME AUTHORIZED BY
THE COMMISSIONERS TO BE ISSUED PURSUANT TO THIS SECTION SHALL BE INCLUDED IN
THE FISCAL YEAR LIMITATION PROVIDED FOR IN DIVISION (B) OF SECTION
5528.54 of the Revised Code FOR THE FISCAL YEAR IN WHICH THE AUTHORIZATION OCCURS AND SHALL
ALSO BE INCLUDED IN THE MAXIMUM PRINCIPAL AMOUNT WHICH MAY BE OUTSTANDING AT
ANY ONE TIME UNDER DIVISION (B) OF SECTION 5528.54 of the Revised Code UNTIL SUCH
TIME AS THE RELATED INFRASTRUCTURE PROJECT OBLIGATIONS ARE NO LONGER
OUTSTANDING. THE COMMISSIONERS SHALL COVENANT WITH THE HOLDERS OF THE RELATED
INFRASTRUCTURE PROJECT OBLIGATIONS ISSUED IN COMBINATION WITH GENERAL
OBLIGATIONS UNDER THIS SECTION THAT THE OBLIGATIONS THAT MAY BE ISSUED UNDER
SECTION 5528.54 of the Revised Code SHALL NOT EXCEED THE LIMITS SET FORTH IN THIS SECTION,
AND SUCH COVENANT MAY BE ENFORCED AS PROVIDED IN DIVISION (L) OF
SECTION 5528.54 of the Revised Code.
(C) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, SECTIONS
5528.51 TO 5528.56 of the Revised Code APPLY TO OBLIGATIONS AUTHORIZED UNDER THIS SECTION.
(D) THE BOND PROCEEDINGS FOR OBLIGATIONS ISSUED UNDER THIS
SECTION MAY PROVIDE THAT THE SALE PROCEEDS OF THE OBLIGATIONS SHALL BE
DEPOSITED IN A SPECIAL FUND AND USED TO PAY BOND SERVICE CHARGES ON THE
INFRASTRUCTURE PROJECT OBLIGATIONS OR THAT THOSE OBLIGATIONS, WHICH NEED NOT
BE INTEREST-BEARING, MAY BE DEPOSITED WITH THE TRUSTEE FOR THE INFRASTRUCTURE
PROJECT OBLIGATIONS, IN EITHER CASE IN EXCHANGE FOR AN ASSIGNMENT OF ALL OR
PART OF THE REVENUES TO BE RECEIVED BY THE TRUSTEE FOR PAYMENT OF BOND SERVICE
CHARGES ON THOSE INFRASTRUCTURE PROJECT OBLIGATIONS.
(E) ANY AGREEMENT AUTHORIZED AND DELIVERED UNDER THIS SECTION IN
COMBINATION WITH INFRASTRUCTURE PROJECT OBLIGATIONS SHALL BE PRESUMED TO BE IN
CONFORMITY WITH ALL LEGAL REQUIREMENTS, AND ITS TERMS AND PROVISIONS SHALL BE
INCONTESTABLE UNLESS OTHERWISE CHALLENGED IN THE MANNER REFERRED TO IN
DIVISION (B) OF SECTION 133.02 of the Revised Code PRIOR TO THE DELIVERY OF THE
RELATED INFRASTRUCTURE PROJECT OBLIGATIONS.
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 OR 5721.33 of the Revised Code, AS THE CASE MAY BE, 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 OR 5721.33 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 OR 5721.33 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 OR 5721.33 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 5721.41 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 OR 5721.33 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 5721.41 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 5721.41 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 OR 5721.33 of the Revised Code, OR A PERSON TO WHOM A TAX CERTIFICATE
HAS BEEN
TRANSFERRED PURSUANT TO SECTION 5721.36 of the Revised Code.
(D) "CERTIFICATE PURCHASE PRICE" MEANS, WITH RESPECT TO THE SALE
OF TAX CERTIFICATES UNDER SECTIONS 5721.32 AND 5721.33 of the Revised Code, THE AMOUNT EQUAL
TO 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;
PROVIDED, HOWEVER, THAT PAYMENT OF THE CERTIFICATE PURCHASE PRICE IN A
SALE UNDER SECTION 5721.33 of the Revised Code MAY BE MADE WHOLLY IN CASH OR PARTIALLY IN
CASH AND PARTIALLY BY NONCASH CONSIDERATION ACCEPTABLE TO THE COUNTY TREASURER
FROM THE PURCHASER. IN THE EVENT THAT ANY SUCH NONCASH CONSIDERATION IS
DELIVERED TO PAY A PORTION OF THE CERTIFICATE PURCHASE PRICE, SUCH NONCASH
CONSIDERATION MAY BE SUBORDINATE TO THE RIGHTS OF THE HOLDERS OF OTHER
OBLIGATIONS WHOSE PROCEEDS PAID THE CASH PORTION OF THE CERTIFICATE PURCHASE
PRICE.
"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) WITH RESPECT TO A SALE OF TAX CERTIFICATES UNDER SECTION
5721.32 of the Revised Code AND 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) WITH RESPECT TO A SALE OF TAX CERTIFICATES UNDER SECTION
5721.33 of the Revised Code,
"CERTIFICATE REDEMPTION PRICE" MEANS THE AMOUNT EQUAL TO THE SUM OF THE
FOLLOWING:
(1) THE CERTIFICATE PURCHASE PRICE;
(2) INTEREST ACCRUED ON THE CERTIFICATE PURCHASE PRICE AT THE CERTIFICATE
RATE OF INTEREST FROM THE DATE ON WHICH A TAX CERTIFICATE IS DELIVERED THROUGH
AND INCLUDING THE DAY IMMEDIATELY PRECEDING THE DAY ON WHICH THE CERTIFICATE
REDEMPTION PRICE IS PAID;
(3) THE FEE, IF ANY, CHARGED BY THE COUNTY TREASURER TO THE PURCHASER OF
THE CERTIFICATE UNDER DIVISION (J) OF SECTION 5721.33 of the Revised Code;
(4) ANY OTHER FEES CHARGED BY ANY COUNTY OFFICE IN CONNECTION WITH THE
RECORDING OF TAX CERTIFICATES.
(G) "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, OR THE RATE OF SIMPLE INTEREST PER YEAR NOT
TO EXCEED EIGHTEEN PER CENT PER YEAR FIXED BY THE COUNTY TREASURER WITH
RESPECT TO
ANY TAX CERTIFICATE SOLD PURSUANT TO A NEGOTIATED SALE UNDER SECTION 5721.33
of the Revised Code.
(H) "CASH" MEANS UNITED STATES CURRENCY,
CERTIFIED CHECKS, MONEY ORDERS, BANK DRAFTS, OR ELECTRONIC TRANSFER OF FUNDS,
AND EXCLUDES ANY OTHER FORM OF PAYMENT.
(I) "THE DATE ON WHICH A TAX CERTIFICATE IS SOLD," "THE DATE THE
CERTIFICATE WAS SOLD," "THE DATE THE CERTIFICATE IS PURCHASED," AND ANY OTHER
PHRASE OF SIMILAR CONTENT MEAN, WITH RESPECT TO A SALE PURSUANT TO AN AUCTION
UNDER SECTION 5721.32 of the Revised Code, THE DATE DESIGNATED BY THE COUNTY TREASURER FOR
THE SUBMISSION OF BIDS AND, WITH RESPECT TO A NEGOTIATED SALE UNDER SECTION
5721.33 of the Revised Code, THE DATE OF DELIVERY OF THE TAX CERTIFICATES TO THE PURCHASERS
THEREOF PURSUANT TO A TAX CERTIFICATE SALE/PURCHASE AGREEMENT.
(J) "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.
(K) "CERTIFICATE INTEREST PERIOD" MEANS, WITH RESPECT TO A TAX
CERTIFICATE SOLD UNDER SECTION 5721.32 of the Revised Code, THE PERIOD BEGINNING ON
THE DATE
THE CERTIFICATE IS PURCHASED AND, WITH RESPECT TO A TAX CERTIFICATE SOLD
UNDER SECTION 5721.33 of the Revised Code, THE
PERIOD BEGINNING ON THE DATE OF DELIVERY OF THE TAX CERTIFICATE, AND IN EITHER
CASE ENDING ON ONE OF THE FOLLOWING DATES:
(1) IN THE CASE OF FORECLOSURE PROCEEDINGS INSTITUTED UNDER
SECTION 5721.37 OF THE REVISED
CODE, THE DATE THE CERTIFICATE HOLDER SUBMITS A PAYMENT TO THE
TREASURER UNDER DIVISION (B) OF THAT SECTION;
(2) IN THE CASE OF A CERTIFICATE PARCEL REDEEMED
UNDER DIVISION (A) OR (C) OF SECTION 5721.38 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 OR TO THE
CERTIFICATE HOLDER, AS APPLICABLE, THE FULL
AMOUNT DETERMINED UNDER THAT SECTION.
(L) "COUNTY TREASURER" MEANS, WITH RESPECT TO THE SALE OF TAX
CERTIFICATES UNDER SECTION 5721.32 of the Revised Code, THE COUNTY TREASURER OF
A COUNTY HAVING A POPULATION OF AT LEAST TWO HUNDRED THOUSAND ACCORDING TO THE
THEN MOST RECENT FEDERAL DECENNIAL CENSUS AND, WITH RESPECT TO THE SALE OF TAX
CERTIFICATES UNDER SECTION 5721.33 of the Revised Code, THE COUNTY TREASURER OF
A COUNTY HAVING A POPULATION OF AT LEAST ONE MILLION FOUR HUNDRED THOUSAND
ACCORDING TO THE
THEN MOST RECENT FEDERAL DECENNIAL CENSUS.
(M) "QUALIFIED TRUSTEE" MEANS A TRUST COMPANY WITHIN THE STATE OR
A BANK HAVING THE POWER OF A TRUST COMPANY WITHIN THE STATE WITH A COMBINED
CAPITAL STOCK, SURPLUS, AND UNDIVIDED PROFITS OF AT LEAST ONE HUNDRED MILLION
DOLLARS.
(N) "TAX CERTIFICATE SALE/PURCHASE AGREEMENT" MEANS THE PURCHASE
AND SALE AGREEMENT DESCRIBED IN DIVISION (C) OF SECTION 5721.33 of the Revised Code
SETTING FORTH THE CERTIFICATE PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM OR
LESS ANY APPLICABLE DISCOUNT, INCLUDING, WITHOUT LIMITATION, THE AMOUNT
THEREOF TO BE PAID IN CASH AND THE AMOUNT AND NATURE OF ANY NONCASH
CONSIDERATION, THE DATE OF DELIVERY OF THE TAX CERTIFICATES, AND THE OTHER
TERMS AND CONDITIONS OF THE SALE, INCLUDING, WITHOUT LIMITATION, THE RATE OF
INTEREST THAT THE TAX CERTIFICATES SHALL BEAR.
(O) "NONCASH CONSIDERATION" MEANS ANY FORM OF CONSIDERATION OTHER
THAN CASH, INCLUDING, BUT NOT LIMITED TO, PROMISSORY NOTES WHETHER
SUBORDINATE OR OTHERWISE.
(P) "PRIVATE ATTORNEY" MEANS FOR PURPOSES OF SECTION 5721.37
of the Revised Code, ANY ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE, WHETHER PRACTICING
WITH A FIRM OF ATTORNEYS OR OTHERWISE, WHOSE LICENSE HAS NOT BEEN REVOKED OR
OTHERWISE SUSPENDED AND WHO BRINGS FORECLOSURE PROCEEDINGS PURSUANT TO
SECTION 5721.37 of the Revised Code ON BEHALF OF A CERTIFICATE HOLDER.
(Q) "RELATED CERTIFICATE PARCEL" MEANS, WITH RESPECT TO A
CERTIFICATE HOLDER, THE CERTIFICATE PARCEL WITH RESPECT TO WHICH THE
CERTIFICATE HOLDER HAS PURCHASED AND HOLDS A TAX CERTIFICATE PURSUANT TO
SECTIONS 5721.30 TO 5721.41 of the Revised Code AND, WITH RESPECT TO A TAX CERTIFICATE, THE
CERTIFICATE PARCEL AGAINST WHICH THE TAX CERTIFICATE HAS BEEN SOLD PURSUANT TO
THOSE SECTIONS.
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 5721.41 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
UNDER SECTION 323.31 OF THE REVISED CODE IS NOT IN FORCE.
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.
(B)(1) WHEN TAX CERTIFICATES ARE TO BE SOLD UNDER SECTION 5721.32
of the Revised Code WITH RESPECT TO PARCELS, 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.
(2) WHEN TAX CERTIFICATES ARE TO BE SOLD UNDER SECTION 5721.33 of the Revised Code WITH
RESPECT TO PARCELS, THE COUNTY TREASURER, AT LEAST NINETY DAYS PRIOR TO THE
DATE OF SALE OF SUCH TAX CERTIFICATES, SHALL SEND WRITTEN NOTICE OF THE SALE
BY CERTIFIED OR REGISTERED MAIL, OR BOTH, TO THE LAST KNOWN ADDRESS OF THE
RECORD OWNER OF THE PROPERTY OR PARCEL AND TO ALL PARTIES WITH AN INTEREST IN
THE PROPERTY THAT HAS BEEN RECORDED IN THE PROPERTY RECORDS OF THE COUNTY
PURSUANT TO SECTION 317.08 of the Revised Code. THE NOTICE SHALL STATE THAT A TAX
CERTIFICATE WILL BE OFFERED FOR SALE ON THE PARCEL, AND THAT THE OWNER OR
INTERESTED PARTIES MAY INCUR ADDITIONAL EXPENSES AS A RESULT OF THE SALE.
(C) THE COUNTY TREASURER SHALL ADVERTISE THE SALE OF
TAX CERTIFICATES UNDER SECTION 5721.32 of the Revised Code 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.
(D) 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 UNDER SECTION 323.31 OF THE
REVISED CODE TO PAY THAT AMOUNT, 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 ADMINISTRATION FUND.
(E) A TAX CERTIFICATE
ADMINISTRATION FUND SHALL BE CREATED IN THE COUNTY TREASURY OF
EACH COUNTY SELLING TAX CERTIFICATES UNDER SECTIONS 5721.30 TO
5721.41 OF THE REVISED
CODE. THE FUND SHALL BE
ADMINISTERED BY THE COUNTY TREASURER, AND USED SOLELY FOR THE
PURPOSES OF SECTIONS 5721.30 TO 5721.41 OF THE
REVISED
CODE. ANY FEE RECEIVED BY THE
TREASURER UNDER SECTIONS 5721.30 TO 5721.41 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
(B)(3) OF SECTION 5721.37 OF
THE REVISED
CODE.
(F) THE COUNTY
TREASURERS OF MORE THAN ONE COUNTY MAY JOINTLY CONDUCT A
REGIONAL SALE OF TAX CERTIFICATES UNDER SECTION 5721.32 of the Revised Code. 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
(C) OF THIS SECTION. AT THE
REGIONAL SALE, TAX CERTIFICATES SHALL 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.
(G) 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 BY PUBLIC AUCTION
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 UNDER THIS SECTION SHALL BE
CONDUCTED
AT A PUBLIC AUCTION BY THE COUNTY TREASURER OR A DESIGNEE OF THE COUNTY
TREASURER.
(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 THE TAX CERTIFICATE 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 HOLDER, WHICH MAY BE, UPON RECEIPT OF INSTRUCTIONS
FROM THE PURCHASER, THE SECURED PARTY OF THE ACTUAL PURCHASER, OR AN AGENT OR
CUSTODIAN FOR THE PURCHASER OR SECURED PARTY. THE COUNTY TREASURER ALSO SHALL
TRANSFER THE TAX CERTIFICATE TO
THE CERTIFICATE HOLDER AND, UPON PRESENTATION TO THE TREASURER OF INSTRUCTIONS
SIGNED BY THE CERTIFICATE PURCHASER, SHALL RECORD IN THE TAX CERTIFICATE
REGISTER THE NAME AND ADDRESS OF ANY SECURED PARTY OF THE CERTIFICATE
PURCHASER HAVING A SECURITY INTEREST IN THE TAX CERTIFICATE. 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. THE TREASURER SHALL DEPOSIT THE FEE IN THE COUNTY TREASURY TO
THE CREDIT OF THE TAX CERTIFICATE ADMINISTRATION FUND.
(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, SHALL DESCRIBE THE OWNER'S OPTIONS TO
REDEEM THE PARCEL, INCLUDING ENTERING INTO A REDEMPTION PAYMENT
PLAN UNDER DIVISION (C)(1) OF SECTION 5721.38 OF THE REVISED
CODE, AND SHALL NAME THE CERTIFICATE HOLDER AND ITS SECURED PARTY, IF
ANY.
(J) A TAX CERTIFICATE SHALL NOT BE SOLD TO THE OWNER OF THE
CERTIFICATE PARCEL.
Sec. 5721.33. (A) A COUNTY TREASURER MAY, IN THE TREASURER'S
DISCRETION, NEGOTIATE THE SALE OF ANY NUMBER OF TAX CERTIFICATES WITH ONE OR
MORE PERSONS, INCLUDING, WITHOUT LIMITATION, ANY PREMIUM TO BE ADDED TO OR
DISCOUNT TO BE SUBTRACTED FROM THE CERTIFICATE PURCHASE PRICE FOR THE TAX
CERTIFICATES AND ANY OTHER TERMS OF THE SALE THAT THE COUNTY TREASURER, IN THE
TREASURER'S DISCRETION, DETERMINES APPROPRIATE OR NECESSARY FOR THE SALE.
(B) THE SALE OF TAX CERTIFICATES UNDER THIS SECTION SHALL BE
GOVERNED BY THE CRITERIA ESTABLISHED BY THE COUNTY TREASURER PURSUANT TO
DIVISION (E) OF THIS SECTION.
(C) THE COUNTY TREASURER MAY EXECUTE A TAX CERTIFICATE
SALE/PURCHASE AGREEMENT AND OTHER NECESSARY AGREEMENTS WITH A DESIGNATED
PURCHASER OR PURCHASERS TO COMPLETE A NEGOTIATED SALE OF TAX CERTIFICATES.
(D) THE TAX CERTIFICATE MAY BE SOLD AT A PREMIUM TO OR DISCOUNT
FROM THE CERTIFICATE PURCHASE PRICE. THE COUNTY TREASURER MAY ESTABLISH AS
ONE OF THE TERMS OF THE NEGOTIATED SALE THE PORTION OF THE CERTIFICATE
PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM OR LESS ANY APPLICABLE DISCOUNT,
THAT THE PURCHASER OR PURCHASERS SHALL PAY IN CASH ON THE DATE THE TAX
CERTIFICATES ARE SOLD AND THE PORTION, IF ANY, OF THE CERTIFICATE PURCHASE
PRICE, PLUS ANY APPLICABLE PREMIUM OR LESS ANY APPLICABLE DISCOUNT, THAT THE
PURCHASER OR PURCHASERS SHALL PAY IN NONCASH CONSIDERATION AND THE NATURE OF
THAT CONSIDERATION.
THE COUNTY TREASURER SHALL SELL SUCH TAX CERTIFICATES AT A CERTIFICATE
PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT,
THAT, IN THE TREASURER'S DETERMINATION, IS IN THE BEST INTERESTS OF THE
COUNTY. THE SALE OF THE TAX CERTIFICATES, AND THE RECEIPT OF THE PROCEEDS OF
AND ANY NONCASH CONSIDERATION FOR THE SALE, BY THE COUNTY TREASURER IS
CONCLUSIVE
EVIDENCE THAT THE CERTIFICATE PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM AND
LESS ANY APPLICABLE DISCOUNT, IS IN THE BEST INTEREST OF THE COUNTY.
(E)(1) THE COUNTY TREASURER MAY PROMULGATE RULES GOVERNING THE
ELIGIBILITY OF PERSONS TO PURCHASE TAX CERTIFICATES OR TO OTHERWISE
PARTICIPATE IN A NEGOTIATED SALE UNDER THIS SECTION. THE RULES MAY PROVIDE
FOR PRECERTIFICATION OF SUCH PERSONS, INCLUDING A REQUIREMENT FOR DISCLOSURE
OF INCOME, ASSETS, AND ANY OTHER FINANCIAL INFORMATION THE COUNTY TREASURER
DETERMINES APPROPRIATE. THE RULES MAY ALSO PROHIBIT ANY PERSON THAT IS
DELINQUENT IN THE PAYMENT OF ANY TAX TO THE COUNTY OR TO THE STATE, OR THAT IS
IN DEFAULT IN OR ON ANY OTHER OBLIGATION TO THE COUNTY OR TO THE STATE, FROM
PURCHASING A TAX CERTIFICATE OR OTHERWISE PARTICIPATING IN A NEGOTIATED SALE
OF TAX CERTIFICATES UNDER THIS SECTION. THE ELIGIBILITY INFORMATION REQUIRED
SHALL INCLUDE THE TAX IDENTIFICATION NUMBER OF THE PURCHASER AND MAY INCLUDE
THE TAX IDENTIFICATION NUMBER OF THE PARTICIPANT.
(2) ANY PERSON THAT INTENDS TO PURCHASE A TAX CERTIFICATE IN A NEGOTIATED
SALE SHALL SUBMIT AN AFFIDAVIT TO THE COUNTY TREASURER THAT ESTABLISHES
COMPLIANCE WITH THE APPLICABLE ELIGIBILITY CRITERIA AND INCLUDES ANY OTHER
INFORMATION REQUIRED BY THE TREASURER. ANY PERSON THAT FAILS TO SUBMIT SUCH
AN AFFIDAVIT IS INELIGIBLE TO PURCHASE A TAX CERTIFICATE. ANY PERSON THAT
KNOWINGLY SUBMITS A FALSE OR MISLEADING AFFIDAVIT SHALL FORFEIT ANY TAX
CERTIFICATE OR CERTIFICATES PURCHASED BY THE PERSON AT A SALE FOR WHICH THE
AFFIDAVIT WAS SUBMITTED, SHALL BE LIABLE FOR PAYMENT OF THE FULL CERTIFICATE
PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT,
OF THE TAX CERTIFICATE OR CERTIFICATES, AND SHALL BE DISQUALIFIED FROM
PARTICIPATING IN ANY TAX CERTIFICATE SALE CONDUCTED IN THE COUNTY DURING THE
NEXT FIVE YEARS.
(3) A TAX CERTIFICATE SHALL NOT BE SOLD TO THE OWNER OF THE CERTIFICATE
PARCEL OR TO ANY CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH SUCH OWNER
HAS AN INTEREST. NO PERSON THAT PURCHASES A TAX CERTIFICATE IN A NEGOTIATED
SALE SHALL ASSIGN OR TRANSFER THE TAX CERTIFICATE TO THE OWNER OF THE
CERTIFICATE PARCEL OR TO ANY CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH
THE OWNER HAS AN INTEREST. ANY PERSON THAT KNOWINGLY OR NEGLIGENTLY TRANSFERS
OR ASSIGNS SUCH A TAX CERTIFICATE TO THE OWNER OF THE CERTIFICATE PARCEL OR TO
ANY CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH SUCH OWNER HAS AN
INTEREST SHALL BE LIABLE FOR PAYMENT OF THE FULL CERTIFICATE PURCHASE PRICE,
PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT, AND SHALL NOT BE
ENTITLED TO A REFUND OF ANY AMOUNT PAID. SUCH TAX CERTIFICATE SHALL BE DEEMED
VOID AND THE TAX LIEN SOLD UNDER SUCH TAX CERTIFICATE SHALL REVERT TO THE
COUNTY AS IF NO SALE OF SUCH
TAX CERTIFICATE HAD OCCURRED.
(F) THE PURCHASER IN A NEGOTIATED SALE UNDER THIS SECTION SHALL
DELIVER THE CERTIFICATE PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS
ANY APPLICABLE DISCOUNT AND INCLUDING ANY NONCASH CONSIDERATION, TO THE
COUNTY TREASURER NOT LATER THAN THE CLOSE OF BUSINESS ON THE DATE THE TAX
CERTIFICATES ARE DELIVERED TO THE PURCHASER. THE CERTIFICATE PURCHASE PRICE,
PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT, OR PORTION OF
THE PRICE, THAT IS PAID IN CASH SHALL BE DEPOSITED IN THE COUNTY'S GENERAL
FUND TO THE CREDIT OF THE ACCOUNT TO WHICH AD VALOREM REAL PROPERTY TAXES ARE
CREDITED AND FURTHER CREDITED AS PROVIDED IN DIVISION (G) OF THIS
SECTION. THE PURCHASER SHALL ALSO PAY ON THE DATE THE TAX CERTIFICATES ARE
DELIVERED TO THE PURCHASER THE FEE, IF ANY, NEGOTIATED UNDER DIVISION
(J) OF THIS SECTION. IF THE PURCHASER FAILS TO PAY THE CERTIFICATE
PURCHASE PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT,
AND ANY SUCH FEE WITHIN THE TIME PERIODS REQUIRED BY THIS SECTION, THE COUNTY
TREASURER SHALL RETAIN THE TAX CERTIFICATE AND MAY ATTEMPT TO SELL IT AT ANY
AUCTION OR NEGOTIATED SALE CONDUCTED AT A LATER DATE.
(G) UPON RECEIPT OF THE FULL PAYMENT OF THE CERTIFICATE PURCHASE
PRICE, PLUS ANY APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT, AND THE
NEGOTIATED FEE, IF ANY, FROM THE PURCHASER, THE COUNTY TREASURER, OR A
QUALIFIED TRUSTEE WHOM THE TREASURER HAS ENGAGED FOR SUCH PURPOSE, SHALL ISSUE
THE TAX CERTIFICATE AND RECORD THE TAX CERTIFICATE SALE BY MARKING ON EACH OF
THE TAX CERTIFICATES
SOLD OR, IF ISSUED IN BOOK-ENTRY FORM, ON THE GLOBAL TAX CERTIFICATE, AND
MARKING INTO A TAX CERTIFICATE REGISTER, THE CERTIFICATE PURCHASE PRICE, ANY
PREMIUM PAID OR DISCOUNT TAKEN, THE CERTIFICATE RATE OF INTEREST, THE DATE THE
CERTIFICATES WERE SOLD, AND THE NAME AND ADDRESS OF THE CERTIFICATE
HOLDER OR, IN THE CASE OF ISSUANCE OF THE TAX CERTIFICATES IN A BOOK-ENTRY
SYSTEM, OF
THE NOMINEE, WHICH MAY BE, UPON RECEIPT OF INSTRUCTIONS FROM THE PURCHASER,
THE SECURED PARTY OF THE ACTUAL PURCHASER, OR AN AGENT OR CUSTODIAN FOR THE
PURCHASER OR SECURED PARTY. THE COUNTY TREASURER ALSO SHALL TRANSFER THE TAX
CERTIFICATES TO
THE CERTIFICATE HOLDER AND, UPON PRESENTATION TO THE TREASURER OF INSTRUCTIONS
SIGNED BY THE CERTIFICATE PURCHASER OR PURCHASERS, SHALL RECORD IN THE TAX
CERTIFICATE REGISTER THE NAME AND ADDRESS OF ANY SECURED PARTY OF THE
CERTIFICATE PURCHASER OR PURCHASERS HAVING A SECURITY INTEREST IN THE TAX
CERTIFICATE. UPON THE TRANSFER OF THE TAX CERTIFICATES, THE COUNTY
TREASURER SHALL CREDIT THE CASH PROCEEDS FROM THE SALE
TO THE ITEMS OF TAXES,
ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES IN THE ORDER IN WHICH THOSE
ITEMS BECAME DUE. IF THE CASH PROCEEDS FROM THE SALE ARE NOT SUFFICIENT TO
FULLY SATISFY, IN THE ORDER IN WHICH IT BECAME DUE, AN ITEM OF OUTSTANDING
DELINQUENT TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES ON THE
CERTIFICATE PARCELS AGAINST WHICH TAX CERTIFICATES WERE SOLD, THE COUNTY
TREASURER SHALL CREDIT THE CASH PROCEEDS TO SUCH ITEMS PRO RATA BASED UPON THE
PROPORTION THAT EACH SUCH ITEM OF DELINQUENT TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES BEARS TO THE AGGREGATE OF ALL SUCH ITEMS OR BY ANY OTHER
METHOD THAT THE COUNTY TREASURER, IN THE TREASURER'S SOLE DISCRETION,
DETERMINES IS EQUITABLE. UPON COMPLETION OF THE SALE OF THE TAX CERTIFICATES,
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 OR HOLDERS.
(H) 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.
(I) NEITHER A CERTIFICATE HOLDER NOR ITS SECURED PARTY, IF ANY,
SHALL 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.
(J) WHEN SELLING A TAX CERTIFICATE UNDER THIS SECTION, THE COUNTY
TREASURER MAY NEGOTIATE WITH THE PURCHASER OF THE CERTIFICATE FOR A FEE PAID
BY THE PURCHASER TO THE TREASURER TO REIMBURSE THE TREASURER FOR ANY PART OR
ALL OF THE TREASURER'S COSTS OF PREPARING FOR AND
ADMINISTERING THE SALE OF THE TAX CERTIFICATE. SUCH FEE, IF ANY, SHALL
BE ADDED TO THE CERTIFICATE PURCHASE PRICE OF THE CERTIFICATE AND SHALL BE
PAID BY THE PURCHASER ON THE DATE OF DELIVERY OF THE TAX CERTIFICATE.
THE TREASURER SHALL DEPOSIT THE FEE IN THE COUNTY TREASURY TO THE CREDIT OF
THE TAX CERTIFICATE ADMINISTRATION FUND.
(K) AFTER SELLING TAX CERTIFICATES UNDER THIS SECTION, THE COUNTY
TREASURER SHALL SEND WRITTEN NOTICE BY CERTIFIED OR REGISTERED MAIL TO THE
LAST KNOWN ADDRESS OF THE OWNER OF THE CERTIFICATE PARCEL. THE NOTICE SHALL
INFORM THE OWNER THAT A TAX CERTIFICATE WITH RESPECT TO SUCH OWNER'S PARCEL
WAS SOLD AND SHALL DESCRIBE THE OWNER'S OPTIONS TO REDEEM THE PARCEL,
INCLUDING ENTERING INTO A REDEMPTION PAYMENT PLAN UNDER DIVISION
(C)(2) OF SECTION 5721.38 of the Revised Code.
Sec. 5721.34. (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 WITH RESPECT TO WHICH A VALID UNDERTAKING UNDER SECTION 323.31 OF THE
REVISED CODE TO PAY THAT AMOUNT HAS BEEN ENTERED INTO,
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, PLUS ANY APPLICABLE PREMIUM AND
LESS ANY APPLICABLE DISCOUNT, AND THE FEE CHARGED
BY THE TREASURER UNDER DIVISION (H) OF SECTION 5721.32 OR DIVISION
(J) OF SECTION 5721.33 OF THE
REVISED CODE, AS APPLICABLE. 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, PLUS ANY APPLICABLE PREMIUM AND LESS
ANY APPLICABLE DISCOUNT, AND THE
TREASURER'S FEE, PLUS INTEREST ON THE CERTIFICATE PURCHASE PRICE, PLUS ANY
APPLICABLE PREMIUM AND LESS ANY APPLICABLE DISCOUNT,
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.
(C) WITH RESPECT TO A TAX CERTIFICATE SOLD UNDER SECTION 5721.32
of the Revised Code AND FOUND TO BE VOID UNDER DIVISION (A) OF THIS SECTION, IN
ADDITION TO THE REMEDIES AVAILABLE UNDER DIVISION (B) OF THIS
SECTION, THE COUNTY TREASURER MAY, WITH THE APPROVAL OF THE CERTIFICATE
HOLDER, SUBSTITUTE FOR SUCH TAX CERTIFICATE OR PORTION THEREOF ANOTHER TAX
CERTIFICATE THAT HAS A VALUE EQUIVALENT TO THE VALUE OF THE TAX CERTIFICATE
FOUND TO BE VOID. WHENEVER A TAX CERTIFICATE OF SUCH EQUIVALENT VALUE IS TO
BE SUBSTITUTED FOR A TAX CERTIFICATE THAT HAS BEEN FOUND TO BE VOID, THE
COUNTY TREASURER SHALL PROVIDE WRITTEN NOTICE OF THE INTENTION TO SUBSTITUTE
SUCH TAX CERTIFICATE OF EQUIVALENT VALUE TO ANY PERSON REQUIRED TO BE NOTIFIED
UNDER DIVISION (K) OF SECTION 5721.32 of the Revised Code.
Sec. 5721.35. (A) UPON THE SALE AND DELIVERY OF A TAX
CERTIFICATE, SUCH TAX CERTIFICATE VESTS IN THE
CERTIFICATE HOLDER THE FIRST LIEN PREVIOUSLY HELD BY THE STATE AND ITS TAXING
DISTRICTS UNDER SECTION 5721.10 of the Revised Code FOR THE AMOUNT OF TAXES, ASSESSMENTS,
INTEREST,
AND PENALTY CHARGED AGAINST A CERTIFICATE PARCEL,
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 DELINQUENT TAXES, ASSESSMENTS, PENALTIES, INTEREST, CHARGES,
AND COSTS THAT ATTACHED TO THE CERTIFICATE PARCEL PRIOR TO THE ATTACHMENT OF
THE LIEN BEING CONVEYED BY THE SALE OF SUCH TAX CERTIFICATE. WITH RESPECT TO
THE PRIORITY AS AMONG SUCH FIRST LIENS OF THE STATE AND ITS TAXING DISTRICTS
FOR DIFFERENT YEARS, THE PRIORITY SHALL BE DETERMINED BY THE DATE SUCH FIRST
LIENS OF THE STATE AND ITS TAXING DISTRICTS ATTACHED PURSUANT TO SECTION
323.11 of the Revised Code, WITH FIRST PRIORITY TO THE EARLIEST ATTACHED LIEN AND EACH
IMMEDIATELY SUBSEQUENT PRIORITY BASED UPON THE NEXT EARLIEST ATTACHED LIEN.
(B)(1) A CERTIFICATE HOLDER MAY RECORD THE TAX CERTIFICATE OR
MEMORANDUM THEREOF IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY IN WHICH
THE CERTIFICATE PARCEL IS SITUATED, AS A MORTGAGE OF LAND UNDER DIVISION
(B) OF SECTION 317.08 of the Revised Code. THE COUNTY RECORDER SHALL INDEX THE
CERTIFICATE IN THE INDEXES PROVIDED FOR UNDER SECTION 317.18 of the Revised Code. IF THE
LIEN IS SUBSEQUENTLY CANCELED, THE CANCELLATION ALSO SHALL BE RECORDED BY THE
COUNTY RECORDER.
(2) NOTWITHSTANDING CHAPTER 1309., TITLE
LIII, OR ANY OTHER PROVISION OF
THE REVISED CODE, A SECURED PARTY HOLDING A
SECURITY INTEREST IN A TAX CERTIFICATE OR MEMORANDUM THEREOF MAY
PERFECT THAT SECURITY INTEREST ONLY BY ONE OF THE FOLLOWING
METHODS:
(a) POSSESSION;
(b) REGISTERING THE TAX CERTIFICATE WITH THE
COUNTY TREASURER IN THE NAME OF THE SECURED PARTY, OR ITS AGENT
OR CUSTODIAN, AS CERTIFICATE HOLDER;
(c) RECORDING THE NAME OF THE SECURED PARTY IN
THE CERTIFICATE REGISTER IN THE OFFICE OF THE COUNTY TREASURER
OF THE COUNTY IN WHICH THE CERTIFICATE PARCEL IS SITUATED.
Sec. 5721.36. (A)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(A)(2) OF THIS SECTION, THE PURCHASER OF A TAX CERTIFICATE
PURSUANT TO SECTION 5721.32 OR 5721.33 of the Revised Code MAY TRANSFER THE CERTIFICATE TO
ANY PERSON,
EXCEPT THE OWNER OF THE CERTIFICATE PARCEL OR ANY CORPORATION, PARTNERSHIP, OR
ASSOCIATION IN WHICH SUCH OWNER HAS AN INTEREST, AND THE TRANSFEREE OF A TAX
CERTIFICATE SUBSEQUENTLY MAY TRANSFER THE
CERTIFICATE TO ANY OTHER PERSON, EXCEPT THE OWNER OF THE CERTIFICATE PARCEL OR
ANY CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH SUCH OWNER HAS AN
INTEREST.
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 NOTARIZED COPY OF 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, THE DATE OF ENTRY,
AND, UPON PRESENTATION TO THE TREASURER OF INSTRUCTIONS
SIGNED BY THE TRANSFEREE, THE NAME AND ADDRESS OF ANY SECURED
PARTY OF THE TRANSFEREE HAVING AN INTEREST IN THE TAX
CERTIFICATE. THE TREASURER SHALL DEPOSIT THE FEE IN THE COUNTY
TREASURY TO THE CREDIT OF THE TAX CERTIFICATE ADMINISTRATION
FUND.
EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(A)(2) OF THIS SECTION, NO REQUEST FOR FORECLOSURE OR NOTICE OF
INTENT TO FORECLOSE, AS THE CASE MAY BE, SHALL
BE FILED BY ANY PERSON OTHER THAN THE PERSON SHOWN ON THE
REGISTER TO BE THE CERTIFICATE HOLDER OR A PRIVATE ATTORNEY FOR THAT PERSON
PROPERLY AUTHORIZED TO ACT IN THAT PERSON'S BEHALF.
(2) UPON REGISTRATION OF A SECURITY INTEREST WITH THE
COUNTY TREASURER AS PROVIDED IN SECTION 5721.32 OR 5721.33 OF
THE REVISED
CODE, BOTH OF THE FOLLOWING
APPLY:
(a) NO PURCHASER OR TRANSFEREE OF A TAX
CERTIFICATE MAY TRANSFER THAT TAX CERTIFICATE EXCEPT UPON
PRESENTATION TO THE TREASURER OF INSTRUCTIONS SIGNED BY THE
SECURED PARTY AUTHORIZING SUCH ACTION.
(b) ONLY THE SECURED PARTY MAY ISSUE A REQUEST
FOR FORECLOSURE OR NOTICE OF INTENT TO FORECLOSE CONCERNING THAT
TAX CERTIFICATE.
(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. THE TREASURER SHALL DEPOSIT THE FEE IN THE COUNTY TREASURY TO
THE CREDIT OF THE TAX CERTIFICATE ADMINISTRATION FUND.
(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. 5721.37. (A)(1) WITH RESPECT TO A TAX CERTIFICATE PURCHASED
UNDER SECTION 5721.32 of the Revised Code, AT ANY TIME AFTER ONE YEAR FROM THE
DATE SHOWN ON THE 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 5721.38 OF THE REVISED
CODE.
(2) WITH RESPECT TO A TAX CERTIFICATE PURCHASED UNDER SECTION 5721.33
of the Revised Code, AT ANY TIME AFTER ONE YEAR FROM THE DATE SHOWN ON THE TAX CERTIFICATE AS
THE DATE THE TAX CERTIFICATE WAS SOLD, AND NOT LATER THAN THREE YEARS AFTER
THAT DATE OR ANY EXTENSION OF THAT DATE PURSUANT TO DIVISION (C)(2)
OF
SECTION 5721.38 of the Revised Code, A PRIVATE ATTORNEY ON BEHALF OF THE CERTIFICATE HOLDER
MAY FILE WITH THE COUNTY TREASURER A NOTICE OF INTENT TO FORECLOSE 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 5721.38 of the Revised Code.
(B) ALONG WITH A REQUEST FILED UNDER DIVISION (A)(1) OF
THIS SECTION, OR A NOTICE OF INTENT TO FORECLOSE FILED UNDER DIVISION
(A)(2) OF THIS SECTION AND PRIOR TO THE TRANSFER OF TITLE IN
CONNECTION WITH FORECLOSURE PROCEEDINGS FILED UNDER DIVISION (F) OF
THIS SECTION, 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 PRIOR TAX
CERTIFICATES THAT HAVE BEEN SOLD ON THE PARCEL;
(2) ANY PRIOR DELINQUENT TAXES, ASSESSMENTS, PENALTIES,
INTEREST, AND CHARGES THAT ARE CHARGED AGAINST THE CERTIFICATE PARCEL THAT IS
THE SUBJECT OF THE FORECLOSURE PROCEEDINGS AND THAT ARE NOT
COVERED BY A TAX CERTIFICATE;
(3) IF THE FORECLOSURE PROCEEDINGS ARE FILED BY THE COUNTY PROSECUTING
ATTORNEY PURSUANT TO SECTION 323.25, 5721.14, OR 5721.18 of the Revised Code, A FEE IN THE
AMOUNT PRESCRIBED BY THE COUNTY
PROSECUTING ATTORNEY TO COVER THE PROSECUTING ATTORNEY'S
LEGAL COSTS INCURRED IN THE FORECLOSURE PROCEEDING;
(4) IF THE FORECLOSURE PROCEEDINGS ARE FILED BY A PRIVATE ATTORNEY ON
BEHALF OF THE CERTIFICATE HOLDER PURSUANT TO DIVISION (F) OF THIS
SECTION, ANY OTHER PRIOR LIENS.
(C)(1) WITH RESPECT TO A CERTIFICATE PURCHASED UNDER SECTION
5721.32 of the Revised Code, IF THE CERTIFICATE 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 NINETY 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, 5721.14, OR 5721.18 of the Revised Code, TO FORECLOSE THE LIEN
VESTED IN THE CERTIFICATE HOLDER BY THE CERTIFICATE. THE PROSECUTING ATTORNEY
SHALL ATTACH TO THE COMPLAINT THE COUNTY TREASURER'S
CERTIFICATION THAT THE PARCEL HAS NOT BEEN REDEEMED.
(2) WITH RESPECT TO A CERTIFICATE PURCHASED UNDER SECTION 5721.33 of the Revised Code, IF
THE CERTIFICATE PARCEL HAS NOT BEEN REDEEMED, THE COUNTY TREASURER SHALL
PROVIDE CERTIFICATION TO THE PRIVATE ATTORNEY THAT THE PARCEL HAS NOT BEEN
REDEEMED. AFTER RECEIPT OF THAT CERTIFICATION, THE PRIVATE ATTORNEY MAY
COMMENCE A FORECLOSURE PROCEEDING IN THE NAME OF THE CERTIFICATE HOLDER IN THE
MANNER PROVIDED UNDER DIVISION (F) OF THIS SECTION, TO FORECLOSE THE
LIEN VESTED IN THE CERTIFICATE HOLDER BY THE CERTIFICATE. THE PRIVATE
ATTORNEY SHALL ATTACH TO THE COMPLAINT THE COUNTY TREASURER'S CERTIFICATION
THAT THE PARCEL HAS NOT BEEN REDEEMED.
(D) THE COUNTY TREASURER
SHALL CREDIT THE AMOUNT RECEIVED UNDER DIVISION
(B)(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 5721.38 OF THE
REVISED CODE. THE AMOUNT RECEIVED
UNDER DIVISION (B)(2) OF THIS
SECTION SHALL BE DISTRIBUTED TO THE TAXING DISTRICTS TO WHICH
THE DELINQUENCIES ARE OWED. THE TREASURER SHALL DEPOSIT THE
FEE RECEIVED UNDER DIVISION
(B)(3) OF THIS SECTION IN THE COUNTY TREASURY TO THE
CREDIT OF THE DELINQUENT TAX AND ASSESSMENT COLLECTION FUND. THE AMOUNT
RECEIVED UNDER DIVISION
(B)(4) OF THIS SECTION SHALL BE DISTRIBUTED TO THE HOLDER OF THE
PRIOR LIEN.
(E)(1) IF, IN THE CASE OF A CERTIFICATE PURCHASED UNDER SECTION
5721.32 of the Revised Code, THE CERTIFICATE HOLDER DOES NOT FILE WITH THE COUNTY
TREASURER A REQUEST
FOR FORECLOSURE 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.
(2) IF, IN THE CASE OF A CERTIFICATE PURCHASED UNDER SECTION 5721.33 of the Revised Code,
THE CERTIFICATE HOLDER DOES NOT FILE WITH THE COUNTY TREASURER A NOTICE OF
INTENT TO FORECLOSE WITH RESPECT TO A CERTIFICATE PARCEL WITHIN THREE YEARS
AFTER THE DATE SHOWN ON THE TAX CERTIFICATE AS THE DATE THE CERTIFICATE WAS
SOLD OR ANY EXTENSION OF THAT DATE PURSUANT TO DIVISION (C)(2) OF
SECTION 5721.38 of the Revised Code, AND DURING THAT PERIOD THE PARCEL IS NOT REDEEMED, 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.
(F) WITH RESPECT TO TAX CERTIFICATES PURCHASED UNDER SECTION
5721.33 of the Revised Code, UPON THE DELIVERY TO THE CERTIFICATE HOLDER BY THE COUNTY
TREASURER OF THE CERTIFICATION PROVIDED FOR UNDER DIVISION (C)(2) OF
THIS SECTION, A PRIVATE ATTORNEY MAY INSTITUTE A FORECLOSURE PROCEEDING UNDER
THIS DIVISION IN THE NAME OF THE CERTIFICATE HOLDER TO FORECLOSE SUCH HOLDER'S
LIEN, IN ANY COURT WITH JURISDICTION, UNLESS THE CERTIFICATE REDEMPTION PRICE
IS PAID PRIOR TO THE TIME A COMPLAINT IS FILED. THE ATTORNEY SHALL PROSECUTE
THE PROCEEDING TO FINAL JUDGMENT AND SATISFACTION, WHETHER THROUGH SALE OF THE
PROPERTY OR THE VESTING OF TITLE AND POSSESSION IN THE CERTIFICATE HOLDER. IF
THERE IS A COPY OF A WRITTEN UNDERTAKING UNDER SECTION 323.31 of the Revised Code ATTACHED TO
THE TAX CERTIFICATE OR IF A COPY OF SUCH AN UNDERTAKING IS RECEIVED FROM THE
COUNTY TREASURER PRIOR TO THE COMMENCEMENT OF THE PROCEEDING UNDER THIS
DIVISION, THE ATTORNEY SHALL NOT INSTITUTE THE PROCEEDING UNDER THIS DIVISION,
UNLESS THE ATTORNEY RECEIVES A CERTIFICATION OF THE TREASURER THAT SUCH
UNDERTAKING HAS BECOME VOID IN ACCORDANCE WITH SECTION 323.31 of the Revised Code.
THE FORECLOSURE PROCEEDINGS UNDER THIS DIVISION, EXCEPT AS OTHERWISE
PROVIDED IN THIS DIVISION, SHALL BE INSTITUTED AND PROSECUTED IN THE SAME
MANNER AS IS PROVIDED BY LAW FOR THE FORECLOSURE OF MORTGAGES ON LAND, EXCEPT
THAT, IF SERVICE BY PUBLICATION IS NECESSARY, SUCH PUBLICATION SHALL BE MADE
ONCE A WEEK FOR THREE CONSECUTIVE WEEKS AND THE SERVICE SHALL BE COMPLETE AT
THE EXPIRATION OF THREE WEEKS AFTER THE DATE OF THE FIRST PUBLICATION.
ANY NOTICE GIVEN UNDER THIS DIVISION SHALL INCLUDE THE NAME OF THE OWNER OF
THE PARCEL AS LAST SET FORTH IN THE RECORDS OF THE COUNTY RECORDER, THE
OWNER'S LAST KNOWN MAILING ADDRESS, THE ADDRESS OF THE SUBJECT PARCEL IF
DIFFERENT FROM THAT OF THE OWNER, AND A COMPLETE LEGAL DESCRIPTION OF THE
SUBJECT PARCEL. IN ANY COUNTY THAT HAS ADOPTED A PERMANENT PARCEL NUMBER
SYSTEM, SUCH NOTICE MAY INCLUDE THE PERMANENT PARCEL NUMBER IN ADDITION TO A
COMPLETE LEGAL DESCRIPTION.
IT IS SUFFICIENT, HAVING BEEN MADE A PROPER PARTY TO THE FORECLOSURE
PROCEEDING, FOR THE CERTIFICATE HOLDER TO ALLEGE IN SUCH HOLDER'S COMPLAINT
THAT THE TAX CERTIFICATE HAS BEEN DULY PURCHASED BY THE CERTIFICATE HOLDER,
THAT THE CERTIFICATE REDEMPTION PRICE APPEARING TO BE DUE AND UNPAID IS DUE
AND UNPAID, AND THAT THERE IS A LIEN AGAINST THE PROPERTY DESCRIBED IN THE TAX
CERTIFICATE, WITHOUT SETTING FORTH IN SUCH HOLDER'S COMPLAINT ANY OTHER
SPECIAL
MATTER RELATING TO THE FORECLOSURE PROCEEDING. THE PRAYER OF THE COMPLAINT
SHALL BE THAT THE COURT ISSUE AN ORDER THAT THE PROPERTY BE SOLD BY THE
SHERIFF OR, IF THE ACTION IS IN THE MUNICIPAL COURT, BY THE BAILIFF, IN THE
MANNER PROVIDED IN SECTION 5721.19 of the Revised Code, UNLESS THE COMPLAINT INCLUDES AN
APPRAISAL BY AN INDEPENDENT APPRAISER ACCEPTABLE TO THE COURT THAT THE VALUE
OF THE CERTIFICATE PARCEL IS LESS THAN THE CERTIFICATE PURCHASE PRICE. IN
THAT CASE, THE PRAYER OF THE COMPLAINT SHALL BE THAT FEE SIMPLE TITLE TO THE
PROPERTY BE TRANSFERRED TO AND VESTED IN THE CERTIFICATE HOLDER FREE AND CLEAR
OF ALL SUBORDINATE LIENS.
IN THE FORECLOSURE PROCEEDING, THE CERTIFICATE HOLDER MAY JOIN IN ONE
ACTION ANY NUMBER OF TAX CERTIFICATES RELATING TO THE SAME OWNER, PROVIDED
THAT ALL PARTIES ON EACH OF THE TAX CERTIFICATES ARE IDENTICAL AS TO NAME AND
PRIORITY OF INTEREST. HOWEVER, THE DECREE FOR EACH TAX CERTIFICATE SHALL BE
RENDERED SEPARATELY AND ANY PROCEEDING MAY BE SEVERED, IN THE DISCRETION OF
THE COURT, FOR THE PURPOSE OF TRIAL OR APPEAL. THE COURT SHALL MAKE SUCH
ORDER FOR THE PAYMENT OF ALL COSTS RELATED DIRECTLY OR INDIRECTLY TO THE
REDEMPTION OF THE TAX CERTIFICATE, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S
FEES OF THE HOLDER'S ATTORNEY, AS IS CONSIDERED PROPER. THE TAX CERTIFICATE
PURCHASED BY THE CERTIFICATE HOLDER IS PRESUMPTIVE EVIDENCE IN ALL COURTS AND
IN ALL PROCEEDINGS, INCLUDING, WITHOUT LIMITATION, AT THE TRIAL OF THE
FORECLOSURE ACTION, OF THE AMOUNT AND VALIDITY OF THE TAXES, ASSESSMENTS,
CHARGES, PENALTIES BY THE COURT AND ADDED TO SUCH PRINCIPAL AMOUNT, AND
INTEREST APPEARING DUE AND UNPAID AND OF THEIR NONPAYMENT.
(G) FOR PURPOSES OF THIS SECTION:
(1) "PRIOR TAX CERTIFICATES" AND "PRIOR DELINQUENT TAXES, ASSESSMENTS,
PENALTIES, INTEREST, AND CHARGES" MEAN TAX CERTIFICATES AND DELINQUENT TAXES,
ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES, THE LIENS WITH RESPECT TO WHICH
ATTACHED TO THE CERTIFICATE PARCEL PRIOR TO THE ATTACHMENT OF THE LIEN WITH
RESPECT TO THE TAX CERTIFICATE THAT IS THE SUBJECT OF THE FORECLOSURE
PROCEEDINGS.
(2) "PRIOR LIENS" MEANS LIENS THAT ARE PRIOR IN RIGHT TO THE LIEN WITH
RESPECT TO THE TAX CERTIFICATE THAT IS THE SUBJECT OF THE FORECLOSURE
PROCEEDINGS.
Sec. 5721.38. (A) AT ANY TIME PRIOR TO THE
COMMENCEMENT OF FORECLOSURE PROCEEDINGS UNDER SECTION 5721.37 OF THE
REVISED CODE BY THE SUBMITTING OF THE PAYMENT TO THE
COUNTY TREASURER BY THE CERTIFICATE HOLDER UNDER DIVISION (B) 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 5721.37 OF THE REVISED
CODE BY THE SUBMITTING OF THE PAYMENT TO THE COUNTY TREASURER BY THE
CERTIFICATE HOLDER UNDER DIVISION (B) OF THAT SECTION AND
PRIOR TO THE FILING OF THE ENTRY OF CONFIRMATION
OF SALE OF A CERTIFICATE PARCEL UNDER FORECLOSURE PROCEEDINGS FILED BY THE
COUNTY PROSECUTING ATTORNEY OR
PRIOR TO THE DECREE CONVEYING TITLE TO THE CERTIFICATE HOLDER AS PROVIDED FOR
IN DIVISION (F) OF SECTION 5721.37 of the Revised Code, 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 (C)(1) OF
SECTION 5721.37 of the Revised Code IF THE TAX CERTIFICATE WAS PURCHASED UNDER SECTION
5721.32 of the Revised Code, AND ANY OTHER COSTS AND FEES OF THE PROCEEDING ALLOCABLE TO THE
CERTIFICATE PARCEL AS DETERMINED BY THE COURT.
(C)(1) DURING THE PERIOD BEGINNING ON THE DATE A TAX CERTIFICATE
IS SOLD UNDER SECTION 5721.32 of the Revised Code 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.
(2) DURING THE PERIOD BEGINNING ON THE DATE A TAX CERTIFICATE IS SOLD
UNDER SECTION 5721.33 of the Revised Code AND ENDING ON THE DATE THE DECREE IS RENDERED ON
THE FORECLOSURE PROCEEDING UNDER DIVISION (F) OF SECTION 5721.37
of the Revised Code, 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 CERTIFICATE HOLDER AND ALL SECURED PARTIES OF THE CERTIFICATE HOLDER. THE
PLAN SHALL REQUIRE THE OWNER OR OTHER PERSON TO
PAY THE CERTIFICATE REDEMPTION PRICE FOR THE TAX CERTIFICATE, AN
ADMINISTRATIVE FEE NOT TO EXCEED ONE HUNDRED DOLLARS PER YEAR, AND THE ACTUAL
FEES AND COSTS INCURRED, IN INSTALLMENTS, WITH THE FINAL INSTALLMENT DUE NO
LATER THAN THREE YEARS AFTER THE DATE THE TAX CERTIFICATE IS SOLD. THE
CERTIFICATE HOLDER SHALL GIVE WRITTEN NOTICE OF THE PLAN TO THE APPLICABLE
COUNTY TREASURER WITHIN SIXTY DAYS AFTER ENTERING INTO THE PLAN AND WRITTEN
NOTICE OF DEFAULT UNDER THE PLAN WITHIN NINETY DAYS AFTER THE DEFAULT. IF
SUCH A PLAN IS ENTERED INTO, THE TIME PERIOD FOR FILING A NOTICE OF INTENT TO
FORECLOSE UNDER SECTION 5721.37 of the Revised Code IS EXTENDED BY THE LENGTH OF TIME THE
PLAN IS IN EFFECT AND NOT IN DEFAULT.
(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 THE 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 (B) OF SECTION 5721.37 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)(1) 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
DEPOSITED INTO THE GENERAL FUND OF THE COUNTY.
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 5721.37 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 5721.39 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 WITH RESPECT TO WHICH PAYMENT HAS
BEEN MADE IN FULL UNDER DIVISION (A), (B), OR
(C)(1)
OF THIS SECTION, 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
(B) OF SECTION 5721.37 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
(B)(1) OF THAT SECTION FOR THE
PERIOD BEGINNING WHEN THE PAYMENT WAS SUBMITTED BY THE CERTIFICATE HOLDER
UNDER DIVISION (B) 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 DEPOSITED INTO THE GENERAL FUND OF
THE COUNTY.
Sec. 5721.39. IN ITS JUDGMENT OF FORECLOSURE RENDERED
WITH RESPECT TO ACTIONS FILED PURSUANT TO SECTION 5721.37 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 (B) OF SECTION 5721.37 of the Revised Code; ANY
DELINQUENT
TAXES, ASSESSMENTS, PENALTIES, INTEREST, AND CHARGES ON THE PARCEL THAT ARE
NOT COVERED BY A TAX CERTIFICATE; AND FEES AND COSTS INCURRED IN THE
FORECLOSURE PROCEEDING INSTITUTED AGAINST THE PARCEL, INCLUDING, WITHOUT
LIMITATION, THE FEES AND COSTS OF THE
PROSECUTING
ATTORNEY REPRESENTED BY THE FEE PAID UNDER DIVISION (B)(3) OF
SECTION 5721.37 of the Revised Code
OR THE FEES AND COSTS OF THE PRIVATE ATTORNEY REPRESENTING THE CERTIFICATE
HOLDER, AND CHARGES PAID OR INCURRED IN PROCURING TITLE SEARCHES AND
ABSTRACTING SERVICES RELATIVE TO THE SUBJECT PREMISES. THE COURT MAY ORDER
THE CERTIFICATE PARCEL TO BE SOLD,
WITHOUT APPRAISAL, IN THE MANNER PROVIDED FOR IN DIVISION (F) OF
SECTION 5721.37 of the Revised Code AND AS SET FORTH IN THE PRAYER OF THE COMPLAINT, FOR NOT
LESS THAN THE AMOUNT OF ITS FINDING, OR, IN THE EVENT THAT THE COURT FINDS
THAT THE VALUE OF THE CERTIFICATE
PARCEL IS LESS THAN THE CERTIFICATE PURCHASE PRICE, THE COURT MAY, AS PRAYED
FOR IN THE COMPLAINT, ISSUE A DECREE TRANSFERRING FEE SIMPLE TITLE FREE AND
CLEAR OF ALL SUBORDINATE LIENS TO THE CERTIFICATE HOLDER. A DECREE OF THE
COURT TRANSFERRING SUCH FEE SIMPLE TITLE TO THE CERTIFICATE HOLDER IS FOREVER
A BAR TO ALL RIGHTS OF REDEMPTION WITH RESPECT TO THE CERTIFICATE PARCEL.
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 FEES AND COSTS INCURRED IN THE PROCEEDING FILED
AGAINST THE PARCEL PURSUANT TO SECTION 5721.37 OF THE
REVISED CODE, NOT INCLUDING THE COUNTY PROSECUTOR'S COSTS
COVERED BY THE FEE PAID BY THE CERTIFICATE HOLDER UNDER DIVISION
(B)(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; ANY PREMIUM PAID BY THE CERTIFICATE HOLDER AT THE TIME OF PURCHASE;
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 (B) OF SECTION 5721.37 of the Revised Code AND ENDING ON THE DAY OF
THE SALE; AND THE AMOUNTS PAID BY THE CERTIFICATE HOLDER UNDER DIVISIONS
(B)(2) AND (3) OF SECTION 5721.37 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 (B)(2) OF SECTION 5721.37
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.
UNLESS THE PARCEL PREVIOUSLY WAS REDEEMED PURSUANT TO
SECTION 5721.25 OR 5721.38 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
5721.37 OF THE REVISED CODE, WHICH LIEN WAS FORECLOSED IN
ACCORDANCE WITH 28 U.S.C.A. 2410(c), 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. 5721.40. IF ANY CERTIFICATE PARCEL IS TWICE
OFFERED FOR SALE PURSUANT TO SECTION 5721.39 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 5721.37
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
IN THE CERTIFICATE PARCEL ARE TRANSFERRED TO AND
VESTED IN THE CERTIFICATE HOLDER.
Sec. 5721.41. INTEREST REQUIRED UNDER SECTIONS 5721.30 TO
5721.41 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.
Sec. 5721.30 5721.46. If the county treasurer, by means of
the remedies provided
by law or otherwise, determines that delinquent lands containing or producing
minerals or any rights to minerals, as separately listed and taxed from the
fee of the soil pursuant to sections 5713.04, 5713.05, and 5713.06 of the
Revised Code,
have appeared on the delinquent land list and duplicate for five years and
that
taxes charged against those minerals or rights to minerals have become
uncollectible, the county treasurer shall certify that determination, together
with the reasons for the determination, to the county board of revision and
the
prosecuting attorney. If the board of revision and the prosecuting attorney
determine that the taxes are uncollectible, the board of revision and the
prosecuting attorney shall certify their finding to the county auditor, who
shall cause the taxes to be stricken from the general tax list and duplicate
of real and public utility property and from the delinquent tax list and
duplicate.
Section 2. That existing sections 169.03, 317.08, 323.25, 323.31, 5301.25,
5528.51, 5528.54, 5538.53, 5721.01, 5721.03,
5721.06, 5721.10, and 5721.30 of the Revised Code are hereby repealed.
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