Effective: January 30, 2014
Latest Legislation: House Bill 72 - 130th General Assembly
(A) A property tax payment linked deposit program shall provide for the delivery of a lien certificate to an eligible lending institution making payment to the county treasurer, pursuant to a loan agreement between the eligible lending institution and eligible borrower, of some or all of the taxes then due on the homestead of that eligible borrower.
(B)(1) To ensure uniformity among all counties, the tax commissioner shall prescribe the form for a lien certificate delivered pursuant to division (A) of this section, which form shall include the identity of the homestead, the eligible borrower, the eligible lending institution, the amount of taxes paid by that eligible lending institution, and the tax year for which the taxes were paid. The tax commissioner shall distribute the forms to the county treasurers of all counties in which a property tax payment linked deposit program is established.
(2) A county treasurer shall use the lien certificate form prescribed by the tax commissioner, except that, prior to the time that a lien certificate form is prescribed and the forms are distributed by the tax commissioner, the form shall be prepared by the county treasurer of the county, contain the information required by division (B)(1) of this section, and include the following sentence: "This lien certificate is delivered pursuant to section 135.807 of the Revised Code and vests in the eligible lending institution the first lien held previously by the state and its taxing districts for the amount of taxes paid by the eligible lending institution, together with any and all unpaid interest thereon."
(C)(1) The delivery of the lien certificate pursuant to division (A) of this section vests in the eligible lending institution the first lien held previously by the state and its taxing districts for the amount of the taxes paid by the eligible lending institution, together with any unpaid interest thereon from the date of delivery at the interest rate specified in the loan agreement between the eligible lending institution and the eligible borrower. The lien is superior to any subsequent tax liens.
(2) Subject to division (C)(3) of this section, the lien certificate delivered pursuant to division (A) of this section is superior to all other liens and encumbrances upon the homestead described in that lien certificate, and the lien continues in full force and effect until the amount of all taxes paid by the eligible lending institution, together with any unpaid interest thereon, has been repaid to the eligible lending institution.
(3) With respect to the priority as among first liens of the state and its taxing districts, the priority is determined by the date that the 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.
(D) The eligible lending institution may record the lien certificate or memorandum thereof as a mortgage on the land in the office of the county recorder of the county in which the homestead is situated. The county recorder shall record the certificate in the official records provided for in section 317.08 of the Revised Code and shall index the certificate in the indexes provided for under section 317.18 of the Revised Code. If the lien subsequently is canceled, the cancellation also shall be recorded by the county recorder. When a loan is repaid in full, the eligible financial institution shall promptly record the full payment and cancel or otherwise release the lien. On repayment of the loan in full, the lien certificate shall be null and void.
Structure Ohio Revised Code
Chapter 135 | Uniform Depository Act
Section 135.01 | Uniform Depository Act Definitions.
Section 135.02 | State Board of Deposit.
Section 135.03 | Institutions Eligible as Public Depositories.
Section 135.032 | Disqualification as Depository.
Section 135.04 | Eligibility for State Deposits - Warrant Clearance Accounts.
Section 135.05 | Estimate of Inactive Deposits.
Section 135.06 | Application for Inactive Deposits.
Section 135.07 | Award of Inactive Deposits.
Section 135.08 | Application for Interim Deposits.
Section 135.09 | Award of Interim Deposits.
Section 135.10 | Application for Active Deposits.
Section 135.101 | Savenow Program Definitions.
Section 135.102 | Purpose of Savenow Program.
Section 135.103 | Investment in Savenow Linked Deposits.
Section 135.104 | Resident Participation in Savenow Program.
Section 135.105 | Offer of Savenow Accounts to Residents.
Section 135.106 | Immunity of State - Effect of Misconduct on Deposit Agreement.
Section 135.11 | Exemption From Prohibition Against Interest in Contract.
Section 135.12 | Designating Depositories Biennially.
Section 135.13 | Evidence of Inactive and Interim Deposits.
Section 135.14 | Investing Interim Moneys of Public Subdivisions.
Section 135.141 | Municipal Corporation May Invest Interim Moneys in Linked Deposits.
Section 135.142 | Board of Education Investment of Interim Moneys.
Section 135.143 | Investment Authority for State Interim Funds.
Section 135.144 | Investment of Interim Moneys in Federally Insured Certificates of Deposit.
Section 135.145 | Redeposit of Interim Moneys Moneys.
Section 135.15 | Transferring Funds From One Classification to Another.
Section 135.16 | Payment of Interest.
Section 135.17 | Cash Reserve.
Section 135.18 | Security for Repayment of Public Moneys.
Section 135.181 | Optional Pledging Requirements.
Section 135.182 | Ohio Pooled Collateral Program.
Section 135.19 | Failure of Public Depository.
Section 135.20 | Proportion of Deposits in Various Banks Subject to Reasonable Variation.
Section 135.21 | Investment Earnings Apportionment and Crediting.
Section 135.22 | Annual Continuing Education Programs for Treasurers.
Section 135.31 | County Depository Definitions.
Section 135.32 | Institutions Eligible as County Public Depositories.
Section 135.321 | Disqualification as County Depository.
Section 135.33 | Designating County Depositories Every Four Years.
Section 135.34 | Review of Investment Procedures Semiannually.
Section 135.341 | County Investment Advisory Committee.
Section 135.35 | County Inactive Moneys.
Section 135.351 | Crediting Interest.
Section 135.352 | County Library and Local Government Support Fund.
Section 135.353 | County May Invest Inactive Moneys in Linked Deposits.
Section 135.354 | Redeposit of Inactive Moneys.
Section 135.36 | Transferring County Funds From One Classification to Another.
Section 135.37 | Security for Repayment of County Public Moneys.
Section 135.38 | Exemption of County Officials From Prohibition Against Interest in Contract.
Section 135.39 | Exemption of County Officials From Liability.
Section 135.40 | County Cash Reserve.
Section 135.45 | State Treasurer's Investment Pool.
Section 135.451 | Investments of History Connection and Capitol Square Review and Advisory Board.
Section 135.46 | Investment Pools for Temporary Investment of Bond Proceeds.
Section 135.47 | Securities Lending Program - Fund.
Section 135.48 | Adoption of Rules.
Section 135.51 | Bank Defaulting as Public Depository; Retention and Disposition of Securities.
Section 135.53 | Surplus Assigned and Delivered to Defaulting Bank or Building and Loan Association.
Section 135.54 | Possession and Control of Securities Vested in Authorized Agent - Powers.
Section 135.61 | Linked Deposit Program Definitions.
Section 135.62 | Purpose of Linked Deposit Program.
Section 135.63 | Investing in Linked Deposit Programs.
Section 135.64 | Review of Loan Applications.
Section 135.65 | Accepting or Rejecting Loan Package.
Section 135.66 | Loan Rate - Monitoring Compliance.
Section 135.67 | Liability of State and State Treasurer.
Section 135.68 | Short-Term Installment Loan Linked Deposit Definitions.
Section 135.69 | Short-Term Installment Loan Linked Deposit Program.
Section 135.70 | Acceptance of Loan Package - Certificates of Deposit.
Section 135.71 | Agricultural Linked Deposit Definitions.
Section 135.72 | Purpose of Agricultural Linked Deposit Program.
Section 135.73 | Review of Loan Applications.
Section 135.74 | Accepting or Rejecting Loan Package.
Section 135.75 | Lending of Funds; Monitoring Compliance.
Section 135.76 | Liability of State and State Treasurer.
Section 135.77 | Definitions Regarding Business Linked Deposit Program.
Section 135.771 | Statement of Policy.
Section 135.772 | Participation by Lending Institutions.
Section 135.773 | Acceptance or Rejection by Treasurer of State.
Section 135.774 | Loan Rates; Implementation; Liability.
Section 135.78 | Adoption of Rules; Payment of Interest.
Section 135.79 | Adoption Linked Deposit Program-Definitions.
Section 135.791 | Legislative Findings and Intent.
Section 135.792 | Loan Applications and Packages.
Section 135.793 | Loan Package Review and Deposit Agreements.
Section 135.794 | Loan Execution and Treasurer's Oversight.
Section 135.796 | State Protected From Default.
Section 135.80 | Municipal, Port or Lake Facilities Authority, and County Linked Deposit Program.
Section 135.801 | Adopting Resolution Implementing Residential Facility Linked Deposit Program.
Section 135.802 | Contents of Resolution Implementing Residential Facility Linked Deposit Program.
Section 135.803 | Certifying Availability of Public Moneys.
Section 135.804 | Property Tax Payment Linked Deposit Programs Definitions.
Section 135.805 | Property Tax Payment Linked Deposit Programs.
Section 135.806 | Duties of Lending Institution on Receipt of Rc 135.805 Certificate.
Section 135.807 | Delivery of Lien Certificate to Eligible Lending Institution.
Section 135.81 | Housing Linked Deposit Program Definitions.
Section 135.82 | Purpose of Housing Linked Deposit Program.
Section 135.83 | Applying for Formation of Partnership With Treasurer of State.
Section 135.84 | Accepting or Rejecting Application.
Section 135.85 | Lending Institution - Duties Upon Placement of Housing Linked Deposit.
Section 135.86 | Monitoring Compliance.
Section 135.87 | Liability of State and State Treasurer.
Section 135.91 | Assistive Technology Device Linked Deposit Definitions.
Section 135.92 | Deposit Agreements.
Section 135.93 | Review of Loan Applications.
Section 135.95 | Accepting or Rejecting Loan Package.