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Am. Sub. H. B. No. 359 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Peterson, Healy, McGregor, R., Jones, Bacon, Adams, Lundy, Stebelton, Evans, Gibbs, Letson, Slesnick, Patton, Batchelder, Bolon, Boyd, Brown, Chandler, Combs, DeBose, DeGeeter, Dolan, Domenick, Dyer, Flowers, Hite, Hughes, Luckie, Newcomb, Oelslager, Setzer, Skindell, Stewart, D., Strahorn, Williams, S., Yuko
A BILL
To amend sections 321.261 and 323.47
of the Revised
Code to
authorize the prosecutor
and treasurer
of a
county with a population
greater than
100,000 to utilize
surplus delinquent tax
collections to facilitate
nuisance abatement of
deteriorated residential
buildings in
foreclosure and to prosecute criminal and civil
real estate transaction-related violations of the
law, and to require all taxes, penalties, and
assessments known to be a
lien against foreclosed
property when the deed is transferred to
be
discharged out of the proceeds of judicial and
partition sales.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 321.261 and 323.47 of the Revised
Code be amended
to read as follows:
Sec. 321.261. (A) Five per cent of all delinquent real
property, personal property, and manufactured and mobile home
taxes and
assessments collected by the county treasurer shall be
deposited
in the delinquent tax and assessment collection fund,
which shall
be created in the county treasury. The Except as
otherwise provided in division (B) of this section, the moneys in
the fund,
one-half of which shall be appropriated by the board of
county
commissioners to the treasurer and one-half of which shall
be
appropriated to the county prosecuting attorney, shall be used
solely in connection with the collection of delinquent real
property, personal property, and manufactured and mobile home
taxes and
assessments.
Annually by the first day of December, the treasurer and
the
prosecuting attorney each shall submit a report to the board
regarding the use of the moneys appropriated to their respective
offices from the delinquent tax and assessment collection fund.
Each report shall specify the amount appropriated to the office
during the current calendar year, an estimate of the amount so
appropriated that will be expended by the end of the year, a
summary of how the amount appropriated has been expended in
connection with delinquent tax collection activities, and an
estimate of the amount that will be credited to the fund during
the ensuing calendar year.
(B) In a county having a population of more than one hundred
thousand according to the department of development's 2006 census
estimate, if the county treasurer or prosecuting attorney
determines that the amount appropriated to the office from the
county's delinquent tax and
assessment collection fund under
division (A) of this section exceeds the amount required to be
used as prescribed by that division, the
county treasurer or
prosecuting attorney may expend the excess to assist townships or
municipal
corporations
located in the county as provided in this
division, provided that the combined amount so expended each year
in a county shall not exceed three million dollars.
Upon
application
for the funds by a township or municipal
corporation, the county treasurer and prosecuting attorney may
assist the township or municipal corporation in abating
foreclosed residential nuisances, including
paying the costs
of
securing such
buildings, lot maintenance, and
demolition. At the
prosecuting attorney's
discretion, the prosecuting attorney also
may apply
the funds to costs of
prosecuting
alleged
violations
of criminal and
civil
laws governing real
estate and
related
transactions,
including
fraud, abuse, and
predatory
lending.
For the purposes of this division, "predatory lending"
includes, but is not limited to:
(1) An act, conduct, or omission violating sections 1322.07,
1322.071, and 1322.075 of the Revised Code;
(2) Failing to provide a consumer with clear and balanced
information regarding mortgage loan terms, the level of risk, and
the severity of borrowing on terms that may result in a
significant increase in payment obligation or negative
amortization;
(3) Making unsubstantiated statements as to the future
direction of interest rates, or one-sided representations about
the cash savings or expanded buying power to be realized from a
loan that may result in a significant increase in payment
obligation or negative amortization;
(4) Any combination of factors caused by obscuring a
significant risk under the loan that results in unfavorable and
unjustifiable loan terms for a borrower.
Sec. 323.47. If land held by tenants in common is sold
upon
proceedings in partition, or taken by the election of any of
the
parties to such proceedings, or real estate is sold at
judicial
sale, or by administrators, executors, guardians, or
trustees, the
court shall order that the taxes, penalties, and
assessments then
due and payable, and interest thereon, that are
or will be a lien
on such land or real estate at the time the
deed is transferred
following the sale, be discharged out of the
proceeds of such sale
or election. For purposes of determining
such amount, the county
treasurer may shall estimate the amount of
taxes, assessments,
interest, and penalties that will be payable a lien on the land or
real estate
at the time the deed of the property is transferred to
the
purchaser. If the county treasurer's estimate exceeds the
amount
of taxes, assessments, interest, and penalties actually
payable that are a lien
when the deed is transferred to the
purchaser, the officer who
conducted the sale shall refund to the
purchaser the difference
between the estimate and the actual
amount actually payable of the lien. If the
amount of taxes,
assessments, interest, and penalties actually
payable that are a
lien when the deed is transferred to the purchaser exceeds the
county treasurer's estimate, the officer shall certify the amount
of the excess to the treasurer, who shall enter that amount on
the
real and public utility property tax duplicate opposite the
property; the amount of the excess shall be payable at the next
succeeding date prescribed for payment of taxes in section 323.12
of the Revised Code.
Section 2. That existing sections 321.261 and 323.47 of the
Revised Code are hereby repealed.
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