Ohio § 5721.38
Full text of Ohio Ohio Revised Code § 5721.38, with citation guidance and answers to common questions.
§ 5721.38.
(A) At any time prior to payment to the county treasurer by the certificate holder to
initiate foreclosure proceedings under division (B) of section 5721.37 of the Revised Code , the owner of record of the certificate parcel, or any other person entitled to redeem
that parcel, may redeem the parcel by paying to the county treasurer an amount equal
to the total of the certificate redemption prices of all tax certificates respecting
that parcel. (B) At any time after payment to the county treasurer by the certificate holder to initiate
foreclosure proceedings under section 5721.37 of the Revised Code , and before the filing of the entry of confirmation of sale of a certificate parcel,
or the expiration of the alternative redemption period defined in section 323.65 of the Revised Code under foreclosure proceedings filed by the county prosecuting attorney, and before
the decree conveying title to the certificate holder is rendered as provided for in division (F) of section 5721.37 of the Revised Code , the owner of record of the certificate parcel or any other person entitled to redeem
that parcel may redeem the parcel by paying to the county treasurer the sum of the
following amounts: (1) The amount described in division (A) of this section; (2) Interest on the certificate purchase price for each tax certificate sold respecting
the parcel at the rate of eighteen per cent per year for the period beginning on the
day on which the payment was submitted by the certificate holder and ending on the
day the parcel is redeemed under this division; (3) An amount equal to the sum of the county prosecuting attorney's fee under division (B)(3) of section 5721.37 of the Revised Code plus interest on that amount at the rate of eighteen per cent per year beginning
on the day on which the payment was submitted by the certificate holder and ending
on the day the parcel is redeemed under this division. If the parcel is redeemed before the complaint has been filed, the prosecuting attorney
shall adjust the fee to reflect services performed to the date of redemption, and
the county treasurer shall calculate the interest based on the adjusted fee and refund
any excess fee to the certificate holder. (4) Reasonable attorney's fees in accordance with section 5721.371 of the Revised Code if the certificate holder retained a private attorney to foreclose the lien; (5) Any other costs and fees of the proceeding allocable to the certificate parcel as
determined by the court or board of revision. The county treasurer may collect the total amount due under divisions (B)(1) to (5)
of this section in the form of guaranteed funds acceptable to the treasurer. Immediately upon receipt of such payments, the county treasurer shall reimburse
the certificate holder who initiated foreclosure proceedings as provided in division
(D) of this section. The county treasurer shall pay the certificate holder interest at the rate of eighteen
per cent per year on amounts paid under divisions (B)(2) and (3) of section 5721.37
of the Revised Code, beginning on the day the certificate holder paid the amounts
under those divisions and ending on the day the parcel is redeemed under this section. (C)(1) During the period beginning on the date a tax certificate is sold under section 5721.32 of the Revised Code and ending one year from that date, the county treasurer may enter into a redemption
payment plan with the owner of record of the certificate parcel or any other person
entitled to redeem that parcel. The plan shall require the owner or other person to pay the certificate redemption
price for the tax certificate in installments, with the final installment due no later
than one year after the date the tax certificate is sold. The certificate holder may at any time, by written notice to the county treasurer,
agree to accept installments collected to the date of notice as payment in full. Receipt of such notice by the treasurer shall constitute satisfaction of the payment
plan and redemption of the tax certificate. (2) During the period beginning on the date a tax certificate is sold under section 5721.33 of the Revised Code and ending on the date the decree is rendered on the foreclosure proceeding under division (F) of section 5721.37 of the Revised Code , the owner of record of the certificate parcel, or any other person entitled to redeem
that parcel, may enter into a redemption payment plan with the certificate holder
and all secured parties of the certificate holder. The plan shall require the owner or other person to pay the certificate redemption
price for the tax certificate, an administrative fee not to exceed one hundred dollars
per year, and the actual fees and costs incurred, in installments, with the final
installment due no later than the expiration of the certificate period. The certificate holder shall give written notice of the plan to the applicable county
treasurer within sixty days after entering into the plan and written notice of default
under the plan within ninety days after the default. If such a plan is entered into, the time period for filing a request for foreclosure
or a notice of intent to foreclose under section 5721.37 of the Revised Code is extended by the length of time the plan is in effect and not in default. (D)(1) Immediately upon receipt of full payment under division (A) or (B) of this section,
the county treasurer shall make an entry to that effect in the tax certificate register,
credit the payment to the tax certificate redemption fund created in the county treasury,
and shall notify the certificate holder or holders by ordinary first class or certified
mail or by binary means that the parcel has been redeemed and the lien or liens canceled,
and that payment on the certificate or certificates is forthcoming. The treasurer shall pay the tax certificate holder or holders promptly. The county treasurer shall administer the tax certificate redemption fund for the
purpose of redeeming tax certificates. Interest earned on the fund shall be credited to the county general fund. If the county has established a county land reutilization corporation, the county
treasurer may apply interest earned on the fund to the payment of the expenses of
such corporation. (2) If a redemption payment plan is entered into pursuant to division (C)(1) of this
section, the county treasurer immediately shall notify each certificate holder by
ordinary first class or certified mail or by binary means of the terms of the plan. Installment payments made pursuant to the plan shall be deposited in the tax certificate
redemption fund. Any overpayment of the installments shall be refunded to the person responsible
for causing the overpayment if the person applies for a refund under this section. If the person responsible for causing the overpayment fails to apply for a refund
under this section within five years from the date the plan is satisfied, an amount
equal to the overpayment shall be deposited into the general fund of the county. If the county has established a county land reutilization corporation, the county
treasurer may apply such overpayment to the payment of the expenses of the corporation. Upon satisfaction of the plan, the county treasurer shall indicate in the tax certificate
register that the plan has been satisfied, and shall notify each certificate holder
by ordinary first class or certified mail or by binary means that the plan has been
satisfied and that payment on the certificate or certificates is forthcoming. The treasurer shall pay each certificate holder promptly. If a redemption payment plan becomes void, the county treasurer shall notify each
certificate holder by ordinary first class or certified mail or by binary means. If a certificate holder files a request for foreclosure under section 5721.37 of the Revised Code , upon the filing of the request for foreclosure, any money paid under the plan shall
be refunded to the person that paid the money under the plan. (3) Upon receipt of the payment required under division (B)(1) of section 5721.37 of the Revised Code , the treasurer shall pay all other certificate holders and indicate in the tax certificate
register that such certificates have been satisfied. If a county has organized a county land reutilization corporation, the county treasurer
may apply the redemption price and any applicable interest payable under division
(B) of this section to the payment of the expenses of the corporation.
Frequently Asked Questions About Ohio § 5721.38
What does Ohio Revised Code § 5721.38 cover?
Section 5721.38 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5721.38?
A common citation format is "Ohio Revised Code § 5721.38" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5721.38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.