Ohio § 5721.33

§ 5721.33.

(A) A county treasurer may, in the treasurer's discretion, negotiate the sale or transfer

of any number of tax certificates with one or more persons, including a county land

reutilization corporation.  Terms that may be negotiated include, without limitation, any of the following: (1) A premium to be added to or discount to be subtracted from the certificate purchase

price for the tax certificates; (2) Different time frames under which the certificate holder may initiate a foreclosure

action than are otherwise allowed under sections 5721.30 to 5721.43 of the Revised Code , not to exceed six years after the date the tax certificate was sold or transferred; (3) The amount to be paid in private attorney's fees related to tax certificate foreclosures,

subject to section 5721.371 of the Revised Code ; (4) Any other terms of the sale or transfer that the county treasurer, in the treasurer's

discretion, determines appropriate or necessary for the sale or transfer. (B) The sale or transfer 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 or transfer 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, and at a certificate

rate of interest that, in the treasurer's determination, are in the best interests

of the county. (E)(1) The county treasurer shall adopt 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 also may 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 rules may also authorize the purchase of certificates by a county land reutilization

corporation, and authorize the county treasurer to receive notes in lieu of cash,

with such notes being payable to the treasurer upon the receipt or enforcement of

such taxes, assessments, charges, costs, penalties, and interest, and as otherwise

further agreed between the corporation and the treasurer.  The eligibility information required shall include the tax identification number

of the purchaser and may include the tax identification number of the participant.  The county treasurer, upon request, shall provide a copy of the rules adopted under

this section. (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 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 the tax certificate

shall revert to the county as if no sale of the tax certificate had occurred. (F) The purchaser in a negotiated sale under this section shall deliver the certificate

purchase price or other consideration, 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, 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.  Any applicable premium that is paid shall be, at the discretion of the county treasurer,

apportioned to and deposited in any authorized county fund.  The purchaser also shall 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 from the purchaser of the certificate purchase price

or other agreed-upon consideration, plus any applicable premium and less any applicable

discount, and the negotiated fee, if any, 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 entering 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, the name and address of the certificate holder

or, in the case of issuance of the tax certificates in a book-entry system, the name

and address of the nominee, and any other information the county treasurer considers

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

or an electronic format.  The name and address of the certificate holder or nominee 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 certificates to the certificate

holder.  The county treasurer shall apportion the part of the cash 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

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

against the certificate parcels 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.  If the cash proceeds from the sale are not sufficient to fully satisfy the items

of 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 item of 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 issuing the tax certificates, 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

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 or transferring a tax certificate under this section, the county treasurer

may negotiate with the purchaser of the certificate for fees paid by the purchaser

to the county 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 and any fees

set forth by the county treasurer in the tax certificate sale/purchase agreement.  Such fees, if any, shall be added to the certificate purchase price and shall be

paid by the purchaser on the date of delivery of the tax certificate.  The county treasurer shall deposit the fees 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 to the owner of the certificate parcel by either 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 a tax certificate with respect to such owner's

parcel was sold or transferred 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 .  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.