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Tax Lien Certificate Sales
Ohio Revised code sections 5721.30 to 5721.43 permits the Cuyahoga County Treasurer to sell tax lien certificates on parcels that have delinquent taxes.
Since 1998 Cuyahoga County has utilized these code sections to conduct tax lien certificate sales which have resulted in significant increases in the collection of delinquent taxes. The primary beneficiaries of the increased collections have been school districts.
Taxes that remain unpaid following the Second Half (July) tax collection are advertised, by the Fiscal Office, as delinquent in November and are then eligible for a tax lien certificate sale. Tax Lien Certificates are offered in bulk, they are not offered on an individual basis.
A Tax Lien Certificate Sale is scheduled for September 26th, 2013.
All payments on delinquent properties set to have liens sold, in the tax lien certificate sale or that have had the certificate sold, must be Certified Funds (e.g., cash, money order, or certified/cashier check).
The Treasurer’s Office is not selling the property, only the delinquent taxes. The tax lien certificate purchaser pays the County the entire amount of the delinquency. They then hold the first priority lien.
What happens if your tax lien is sold?
A tax lien certificate is placed on the property. The lien is recorded with the County Fiscal Office, Recorder’s Department.
Administrative fees and additional interest, up to 18%, will be added to your tax bill.
If the lien is not redeemed within twelve months, the tax lien certificate purchaser may file a foreclosure action. If the property is deemed vacant or abandoned, the purchaser may file foreclosure faster.
The property owner has the right to go on a “Redemption Payment Plan” within one year from the day of sale. Ohio Revised Code Section 5721.38 states that full payment must be received within the first twelve months from the date of sale to avoid any foreclosure actions. Installment payments are held by the Treasurer until full redemption is received.
The property owner may redeem the tax lien certificate anytime prior to confirmation of the Foreclosure Sale in terms of “cash equivalent funds” plus payment of additional charges and costs if applicable.
To avoid the sale of a tax lien certificate on your property, you must pay your taxes in full or enter into a payment plan with the County Treasurer’s office. You may also be responsible for additional fees and costs associated with the tax lien certificate sale.
For information regarding your delinquent taxes and the availability of payment plans, please call our Taxpayer Services Division at 216-443-7420.
The Cuyahoga County Treasurer’s Office would like to thank you for your interest. We strongly encourage you to familiarize yourself with the Ohio Revised Code as it pertains to the sale of tax lien certificates (5721.30 – 5721.43).
Tax Lien Certificate sales are offered in bulk, they are not offered on an individual basis. The average sale in Cuyahoga County ranges from 10 million to 17 million dollars and contains several thousand parcels.
The Ohio Revised Code allows Counties to negotiate the terms of any Tax Certificate Sale with the third party purchasers. Cuyahoga County only utilizes the negotiated method of sale. For a copy of our 2012 purchase agreement, click here.
Critical terms within the most recent negotiated contract
- The tax certificate is limited to three years The purchaser may file foreclosure in less than the prescribed twelve month period of the parcel is determined to be vacant or abandoned.
- The purchase of all subsequent liens at par value plus administrative fees is required for the first year following the purchase of the base certificate unless specific criteria are met. See a copy of the purchase agreement for specified criteria.
The Treasurer’s Office is the statutory administrator of the Tax Lien Certificate Program and will receive all forms of redemption payments and will generate all statutory and pertinent correspondence.
The Treasurer’s Office has full discretion to select and remove certified delinquent parcels from the Tax Certificate Sale. The Treasurer may bundle the parcels in any manner deemed necessary.
Cuyahoga County cannot guarantee that all parcels are free of legal restrictions to initiate Foreclosure. The purchaser is required to resolve all legal restrictions in order to proceed with statutory foreclosure filing.
The Treasurer’s Office may adopt rules governing the eligibility of persons to purchase tax certificates, such as a disclosure of income. The rules prohibit any person that is delinquent in the payment of any tax to the county or affiliated with any person that is delinquent in the payment of any tax to the county from purchasing a tax certificate.
A bidder registration form shall be submitted prior to sale. This form shall include the name, address, EIN, and contact information for any interested purchaser.
If you have any questions, please contact the Foreclosure Processing Division at:
Cuyahoga County Treasurer
1219 Ontario St.
Cleveland, OH 44113