Effective: September 4, 2014
Latest Legislation: Senate Bill 172 - 130th General Assembly
(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 a delinquent tax contract 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 newspaper shall meet the requirements of section 7.12 of the Revised Code. The auditor may publish the list or lists on a preprinted insert in the newspaper. The cost of the second publication of the list or lists shall not exceed three-fourths of the cost of the first publication of the list or lists.
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 delinquent tax contract. 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 into a written delinquent tax contract 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 one year after being certified delinquent, and that they are subject to foreclosure proceedings as provided in section 323.25, sections 323.65 to 323.79, or section 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 or assignment to a county land reutilization corporation, 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 newspaper 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.
(5) Nothing in this section prohibits a foreclosure action from being brought against a parcel of land under section 323.25, sections 323.65 to 323.79, or section 5721.18 of the Revised Code before the delinquent tax list or delinquent vacant land tax list that includes the parcel is published pursuant to division (B)(1) of this section if the list is not published within the time prescribed by that division.
(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.
Structure Ohio Revised Code
Chapter 5721 | Delinquent Lands
Section 5721.01 | Delinquent Lands Definitions.
Section 5721.011 | County Auditor to Compile List and Duplicate of Delinquent Lands.
Section 5721.02 | Collection of Delinquent Taxes.
Section 5721.021 | Employing Collectors to Collect Delinquent Taxes.
Section 5721.04 | Apportionment of Expenses of Publishing Delinquent Tax Lists and Display Notices.
Section 5721.06 | Form of Notice.
Section 5721.08 | Certification of Delinquent Lands Omitted From List.
Section 5721.09 | County Auditor to Act as Agent of the State.
Section 5721.11 | Notice to Purchasers of Delinquent Lands.
Section 5721.12 | Delinquent Entry Transferred Each Year.
Section 5721.13 | Delinquent Land Tax Certificate - Master List of Delinquent Tracts.
Section 5721.14 | Foreclosure and Forfeiture Proceedings Against Vacant Lands.
Section 5721.15 | Form of Notices.
Section 5721.16 | Judgment of Foreclosure and Forfeiture - Findings - Order of Sale.
Section 5721.18 | Foreclosure Proceedings on Lien of State.
Section 5721.181 | Substance of Forms.
Section 5721.19 | Finding - Appraisal and Sale.
Section 5721.191 | Form for Advertisement of Sale.
Section 5721.192 | Deficiency Judgment.
Section 5721.20 | Unclaimed Moneys Remaining to Owner.
Section 5721.21 | Validity of Delinquent Land Tax Certificate or Master List of Delinquent Tracts.
Section 5721.22 | Correction of Duplicate When Erroneously Returned Delinquent.
Section 5721.24 | Entry Marked Redeemed Made Upon Tax Duplicate and Delinquent Tax List.
Section 5721.25 | Redemption of Delinquent Land.
Section 5721.26 | Redemption Where Co-Owner Is Not Joined.
Section 5721.27 | Erroneous Charge of Taxes.
Section 5721.28 | Tax Commissioner to Provide Documents.
Section 5721.29 | County Auditor to Keep and Maintain Records.
Section 5721.30 | Tax Certificate Definitions.
Section 5721.31 | Selecting Parcels for Tax Certificate Sales.
Section 5721.32 | Sale of Tax Certificates by Public Auction.
Section 5721.33 | Negotiating Sale of Number of Tax Certificates.
Section 5721.34 | Void Certificate Where Delinquency Previously Satisfied.
Section 5721.36 | Transferring Tax Certificate.
Section 5721.37 | Filing Request for Foreclosure.
Section 5721.371 | Private Attorney's Fees in Tax Certificate Actions.
Section 5721.372 | Private Selling Officer's Fees.
Section 5721.373 | Title Agent's or Title Insurance Company's Fees.
Section 5721.38 | Right to Redeem.
Section 5721.381 | Payment of Certificate Redemption Price Before Foreclosure.
Section 5721.39 | Judgment of Foreclosure.
Section 5721.40 | Forfeiture of Parcel Remaining Unsold After Two Sales.
Section 5721.41 | Interest Charges.
Section 5721.42 | Issuing Additional Tax Certificate Upon Satisfaction of Subsequent Delinquency.
Section 5721.43 | Prohibiting Demand for Payment of Tax Certificate During Year Following Purchase.
Section 5721.46 | Determining Delinquent Taxes Charged Against Minerals Are Uncollectible.