Ohio § 5721.32

§ 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,

and may specify a certificate period of not less than three years and not more than

six years. (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 without 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. (3) The county treasurer may require a person who wishes to bid on one or more parcels

to submit a letter from a financial institution stating that the bidder has sufficient

funds available to pay the purchase price of the parcels and a written authorization

for the treasurer to verify such information with the financial institution.  The county treasurer may require submission of the letter and authorization sufficiently

in advance of the auction to allow for verification.  No person who fails to submit the required letter and authorization, or whose financial

institution fails to provide the requested verification, shall be permitted to bid. (C) At the public 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.  The county treasurer shall decide which person is the winning bidder in the event

of a tie for the lowest bid offered, or if a person contests the lowest bid offered.  The county treasurer's decision is not appealable. (D)(1) 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.  Except as provided under division (D)(2) of this section, 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. (2) At the request of a winning bidder, the county treasurer may release the bidder from

the bidder's tax certificate purchase obligation.  The county treasurer may retain all or any portion of the deposit of a bidder granted

a release.  After granting a release under this division, the county treasurer may award the

tax certificate to the person that submitted the second lowest bid at the auction. (3) The county treasurer shall deposit the deposit forfeited or retained under division

(D)(1) or (2) of this section 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 entering into a tax certificate register the certificate purchase price, the

certificate rate of interest, the date the certificate was sold, the certificate period,

the name and address of the certificate holder, and any other information the county

treasurer considers necessary.  The county treasurer may keep the tax certificate register in a hard-copy format

or in an electronic format.  The name and address of the certificate holder may be, upon receipt of instructions

from the purchaser, that of 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.  The county treasurer shall apportion the part of the proceeds from the sale representing

taxes, penalties, and interest among the several taxing districts in the same proportion

that the amount of taxes levied by each district against the certificate parcel in

the preceding tax year bears to the taxes levied by all such districts against the

certificate parcel in the preceding tax year, and credit the part of the proceeds

representing assessments and other charges to the items of assessments and charges

in the order in which those items became due.  Upon issuing a tax certificate, the delinquent taxes that make up the certificate

purchase price are transferred, and the superior lien of the state and its taxing

districts for those delinquent taxes 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 sell the certificate in a negotiated sale authorized under section 5721.33 of the Revised Code , or 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 , sections 323.65 to 323.79 , or section 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 county treasurer shall set the fee at a reasonable amount that covers the treasurer's

costs of administering the sale of the tax certificate.  The county 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 to the owner of the certificate parcel by certified mail or, if the

treasurer has record of an internet identifier of record associated with the owner,

by ordinary mail and by that internet identifier of record.  A mailed notice shall be sent to the owner's last known tax-mailing address.  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.  However, the county treasurer is not required to send a notice under this division

if the treasurer previously has attempted to send a notice to the owner of the parcel

at the owner's last known tax-mailing address, and the postal service has returned

the notice as undeliverable. (J) A tax certificate shall not be sold to the owner of the certificate parcel.