Ohio Rev. Code » Chapter 5721
Ohio Revised Code

Ohio Rev. Code § 5721.371 (2026)

Private attorney's fees in tax certificate actions

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
PDF:
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(A) Private attorney's fees payable with respect to an action under sections 5721.30 to 5721.46 of the Revised Code are subject to the following conditions:

(1) The fees must be reasonable.

(2) Fees exceeding two thousand five hundred dollars shall be paid only if authorized by a court order.

(B)(1) Fees less than or equal to two thousand five hundred dollars shall be presumed to be reasonable.

(2) If the private attorney's fees payable are fixed and not determined on an hourly basis, the court shall not consider or require evidence of hours expended or hourly rates.

(3) The terms of a sale negotiated under section 5721.33 of the Revised Code may include the amount to be paid in private attorney's fees, subject to division (A)(2) of this section.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2014–2022 · leading case: Woods Cove III, L. L.C. v. Am. Guaranteed Mgmt. Co., 2018-Ohio-1829, 113 N.E.3d 62.
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Woods Cove III, L. L.C. v. Am. Guaranteed Mgmt. Co., 2018-Ohio-1829, 113 N.E.3d 62. · cites it 4× “That case held that in awarding attorney fees under R.C. 5721.371, a trial court must state the factors it used in calculating the award (e.”
State ex rel. Tax Lien Law Grp., L.L.P. v. Cuyahoga Cty. Treasurer, 2014-Ohio-215. · cites it 2× “(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…”
PNC Bank, Natl. Assn. v. Graham, 2022-Ohio-888. · cites it 3× “79 of the Revised Code, upon confirmation of sale, the court or board of revision shall order payment of all costs related directly or indirectly to the tax certificate, including, without limitation, attorney’s fees of the holder’s attorney in accordance with section 5721.371…”
Ammar Yassin, No. 18-52300 (Bankr. N.D. Ohio Mar. 30, 2022). · cites it 10× “The Debtor, in its Reply, relies on Section 5721.371 to suggest that the Prosecutor’s Fee is subject to a reasonableness determination.”
State ex rel. Tax Lien Law Grp., L.L.P. v. Cuyahoga Cty. Treasurer, 2014-Ohio-121. · cites it 2× “(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…”
Ohio Rev. Code § 5721.371(B)(1): 2 cases
Woods Cove III, L. L.C. v. Am. Guaranteed Mgmt. Co., 2018-Ohio-1829, 113 N.E.3d 62. “That case held that in awarding attorney fees under R.C. 5721.371, a trial court must state the factors it used in calculating the award (e.”
PNC Bank, Natl. Assn. v. Graham, 2022-Ohio-888. “79 of the Revised Code, upon confirmation of sale, the court or board of revision shall order payment of all costs related directly or indirectly to the tax certificate, including, without limitation, attorney’s fees of the holder’s attorney in accordance with section 5721.371…”
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