Ohio Rev. Code » Chapter 5721
Ohio Revised Code

Ohio Rev. Code § 5721.39 (2026)

Judgment of foreclosure

✓ current as of May 2026
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Effective:
March 27, 2020
Latest Legislation:
House Bill 197 - 133rd General Assembly
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(A) In its judgment of foreclosure rendered in actions filed pursuant to section 5721.37 of the Revised Code, the court or board of revision shall enter a finding that includes all of the following with respect to the certificate parcel:

(1) The amount of the sum of the certificate redemption prices for all the tax certificates sold against the parcel;

(2) Interest on the certificate purchase prices of all certificates 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 under division (B) of section 5721.37 of the Revised Code;

(3) The amount paid under division (B)(2) of section 5721.37 of the Revised Code, plus interest at the rate of eighteen per cent per year for the period beginning on the day the certificate holder filed a request for foreclosure or a notice of intent to foreclose under division (A) of that section;

(4) Any delinquent taxes on the parcel that are not covered by a payment under division (B)(2) of section 5721.37 of the Revised Code;

(5) Fees and costs incurred in the foreclosure proceeding instituted against the parcel, including, without limitation, the fees and costs of the prosecuting attorney represented by the fee paid under division (B)(3) of section 5721.37 of the Revised Code, plus interest as provided in division (D)(2)(d) of this section, or the fees and costs of the private attorney representing the certificate holder, and charges paid or incurred in procuring title searches and abstracting services relative to the subject premises.

(B) The court or board of revision may order the certificate parcel to be sold or otherwise transferred according to law, without appraisal and as set forth in the prayer of the complaint, for not less than the amount of its finding, or, in the event that the true value of the certificate parcel as determined by the county auditor is less than the certificate redemption price, the court or board o r revision may, as prayed for in the complaint, issue a decree transferring fee simple title free and clear of all subordinate liens to the certificate holder or as otherwise provided in sections 323.65 to 323.79 of the Revised Code. A decree of the court or board of revision transferring fee simple title to the certificate holder is forever a bar to all rights of redemption with respect to the certificate parcel.

(C)(1) The certificate holder may file a motion with the court for an order authorizing a specified private selling officer, as defined in section 2329.01 of the Revised Code, to sell the parcel at a public auction. If the court authorizes a private selling officer to sell the parcel, then upon the filing of a praecipe for order of sale with the clerk of the court, the clerk of the court shall immediately issue an order of sale to the private selling officer authorized by the court.

(2) The officer to whom the order of sale is directed may conduct the public auction of the parcel at a physical location in the county in which the parcel is located or online. If the public auction occurs online, the auction shall be open for bidding for seven days. If the parcel is not sold during this initial seven-day period, a second online auction shall be held not earlier than three days or later than thirty days after the end of the first auction. The second online auction shall be open for bidding for seven days.

(3) A private selling officer who conducts an auction of the parcel under this section may do any of the following:

(a) Market the parcels for sale and hire a title insurance agent licensed under Chapter 3953. of the Revised Code or title insurance company authorized to do business under that chapter to assist the private selling officer in performing administrative services;

(b) Execute to the purchaser, or to the purchaser's legal representatives, a deed of conveyance of the parcel sold in conformity with the form set forth in section 5302.31 of the Revised Code;

(c) Record on behalf of the purchaser the deed conveying title to the parcel sold, notwithstanding that the deed may not actually have been delivered to the purchaser prior to its recording.

(4) By placing a bid at a sale conducted pursuant to this section, a purchaser appoints the private selling officer who conducts the sale as agent of the purchaser for the sole purpose of accepting delivery of the deed.

(5) The private selling officer who conducts the sale shall hire a title insurance agent licensed under Chapter 3953. of the Revised Code or title insurance company authorized to do business under that chapter to perform title, escrow, and closing services related to the sale of the parcel.

(6) Except as otherwise provided in sections 323.65 to 323.79 of the Revised Code, and the alternative redemption period thereunder, each certificate parcel shall be advertised and sold by the officer to whom the order of sale is directed in the manner provided by law for the sale of real property on execution. The advertisement for sale of certificate parcels shall be published once a week for three consecutive weeks and shall include the date on which a second sale will be conducted if no bid is accepted at the first sale. Any number of parcels may be included in one advertisement.

Except as otherwise provided in sections 323.65 to 323.79 of the Revised Code, whenever the officer charged to conduct the sale offers a certificate parcel for sale at a physical location and not online and no bids are made equal to at least the amount of the finding of the court or board of revision, the officer shall adjourn the sale of the parcel to the second date that was specified in the advertisement of sale. The second sale shall be held at the same place and commence at the same time as set forth in the advertisement of sale. The officer shall offer any parcel not sold at the first sale. Upon the conclusion of any sale, or if any parcel remains unsold after being offered at two sales, the officer conducting the sale shall report the results to the court or board of revision.

(D) Upon the confirmation of a sale, the proceeds of the sale shall be applied as follows:

(1) The fees and costs incurred in the proceeding filed against the parcel pursuant to section 5721.37 of the Revised Code shall be paid first, including attorney's fees of the certificate holder's attorney payable under division (F) of that section, private selling officer's fees and marketing costs, title agent's or title company's fees, or the county prosecutor's costs covered by the fee paid by the certificate holder under division (B)(3) of that section.

(2) Following the payment required by division (D)(1) of this section, the certificate holder that filed the notice of intent to foreclose or request for foreclosure with the county treasurer shall be paid the sum of the following amounts:

(a) The sum of the amount found due for the certificate redemption prices of all the tax certificates that are sold against the parcel;

(b) Any premium paid by the certificate holder at the time of purchase;

(c) Interest on the amounts paid by the certificate holder under division (B)(1) of section 5721.37 of the Revised Code at the rate of eighteen per cent per year beginning on the day on which the payment was submitted by the certificate holder to the county treasurer and ending on the day immediately preceding the day on which the proceeds of the foreclosure sale are paid to the certificate holder;

(d) Interest on the amounts paid by the certificate holder under divisions (B)(2) and (3) of section 5721.37 of the Revised Code at the rate of eighteen per cent per year beginning on the day on which the payment was submitted by the certificate holder under divisions (B)(2) and (3) of that section and ending on the day immediately preceding the day on which the proceeds of the foreclosure sale are paid to the certificate holder pursuant to this section, except that such interest shall not accrue for more than six years after the day the amounts were paid by the certificate holder under divisions (B)(2) and (3) of section 5721.37 of the Revised Code;

(e) The amounts paid by the certificate holder under divisions (B)(1), (2), and (3) of section 5721.37 of the Revised Code.

(3) Following the payment required by division (D)(2) of this section, any amount due for taxes, installments of assessments, charges, penalties, and interest not covered by the tax certificate holder's payment under division (B)(2) of section 5721.37 of the Revised Code shall be paid, including all taxes, installments of assessments, charges, penalties, and interest payable subsequent to the entry of the finding and prior to the transfer of the deed of the parcel to the purchaser following confirmation of sale. If the proceeds available for distribution pursuant to this division are insufficient to pay the entire amount of those taxes, installments of assessments, charges, penalties, and interest, the proceeds shall be paid to each claimant in proportion to the amount of those taxes, installments of assessments, charges, penalties, and interest that each is due, and those taxes, installments of assessments, charges, penalties, and interest are deemed satisfied and shall be removed from the tax list and duplicate.

(4) Any residue of money from proceeds of the sale shall be disposed of as prescribed by section 5721.20 of the Revised Code.

(E) Unless the parcel previously was redeemed pursuant to section 5721.25 or 5721.38 of the Revised Code, upon the filing of the entry of confirmation of sale, or an order to transfer the parcel under sections 323.65 to 323.79 of the Revised Code, the title to the parcel is incontestable in the purchaser and is free and clear of all liens and encumbrances, except a federal tax lien, notice of which lien is properly filed in accordance with section 317.09 of the Revised Code prior to the date that a foreclosure proceeding is instituted pursuant to section 5721.37 of the Revised Code, and which lien was foreclosed in accordance with 28 U.S.C.A. 2410(c), and except for the easements and covenants of record running with the land or lots that were created prior to the time the taxes or installments of assessments, for the nonpayment of which a tax certificate was issued and the parcel sold at foreclosure, became due and payable.

The title shall not be invalid because of any irregularity, informality, or omission of any proceedings under this chapter or in any processes of taxation, if such irregularity, informality, or omission does not abrogate the provision for notice to holders of title, lien, or mortgage to, or other interests in, such foreclosed parcels, as prescribed in this chapter.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2010–2022 · leading case: Mun. Tax Invest., L.L.C. v. Northup Reinhardt Corp., 2019 Ohio 4867 (Ohio Ct. App. 2019).
Sort: Relevance Newest Treatment
Mun. Tax Invest., L.L.C. v. Northup Reinhardt Corp., 2019 Ohio 4867 (Ohio Ct. App. 2019). · cites it 11× “and equity of redemption be foreclosed unless, prior to the confirmation of sale, sums due to appellant are tendered to the county treasurer; and that "an order of sale shall issue to the Sheriff directing him, without appraisal, to advertise and separately sell said parcel at…”
In Re McLemore, 426 B.R. 728 (Bankr. S.D. Ohio 2010). · cites it 4× “In addition, ORC § 5721.39 allows a purchaser of a tax certificate who commences *747 a foreclosure action to recover attorney fees, court costs, and charges it incurs in procuring title evidence in connection with the foreclosure of its lien on property to be foreclosed.”
Treasurer of Cuyahoga Cty. v. Robshir Props., L.L.C., 2019 Ohio 535 (Ohio Ct. App. 2019). · cites it 2× “40 provides, in relevant part, If any tax certificate parcel is twice offered for sale pursuant to section 5721.39 of the Revised Code and remains unsold for want of bidders, the officer who conducted the sales shall certify to the court or board of revision that the parcel…”
Tax Ease Ohio, L.L.C. v. Wells, 2018 Ohio 4346 (Ohio Ct. App. 2018). · cites it 2× “re may be due to the Treasurer of Montgomery County, Ohio, taxes, accrued taxes, assessments, penalties and interest on the premises described herein, the exact amount of said taxes, accrued taxes, assessments, penalties and interest are unascertainable at this time, but will be…”
United Assn. of Journeymen & Apprentices of the Plumbing & Pipe Fitting Indus. v. Jack's Heating, Air Conditioning & Plumbing, Inc., 2013 Ohio 144 (Ohio Ct. App. 2013). “2009 CA 00101, 2010-Ohio-1336 , ¶ 21-22 (requiring prevailing party to prove reasonableness of its fee request when seeking attorney fees under R.C. 5721.39); In re Estate of Szczotka, 11th Dist.”
Ammar Yassin (Bankr. N.D. Ohio 2022). · cites it 44× “If the county prosecutor or the certificate holder commences a foreclosure action against the certificate parcel and that action proceeds to judgment, the court conducting the action is to enter a judgment including the damages components enumerated in Section 5721.”
Am. Tax Funding, L.L.C. v. Archon Realty Co., 2012 Ohio 5530 (Ohio Ct. App. 2012). · cites it 2× “40 provides, in pertinent part, as follows: If any tax certificate parcel is twice offered for sale pursuant to section 5721.39 of the Revised Code and remains unsold for want of bidders, the officer who conducted the sales shall certify to the court or board of revision that…”
Wiids Cove II, L.L.C. v. Williams, 2017 Ohio 9273 (Ohio Ct. App. 2017). “40 directs a trial court to forfeit a tax certificate property, when the property is twice offered for sale pursuant to R.C. 5721.39, but remains unsold for want of a bidder.”
Haynes v. Haynes, 2021 Ohio 4507 (Ohio Ct. App. 2021). “See, R.C. 5721.39(E). The attorney fees Appellee incurred in protecting the finality of the judgment benefited all of the parties.”
Ohio Rev. Code § 5721.39(A): 1 case
Ammar Yassin (Bankr. N.D. Ohio 2022). “If the county prosecutor or the certificate holder commences a foreclosure action against the certificate parcel and that action proceeds to judgment, the court conducting the action is to enter a judgment including the damages components enumerated in Section 5721.”
Ohio Rev. Code § 5721.39(A)(1): 1 case
Ammar Yassin (Bankr. N.D. Ohio 2022). “If the county prosecutor or the certificate holder commences a foreclosure action against the certificate parcel and that action proceeds to judgment, the court conducting the action is to enter a judgment including the damages components enumerated in Section 5721.”
Ohio Rev. Code § 5721.39(A)(2): 1 case
Ammar Yassin (Bankr. N.D. Ohio 2022). “If the county prosecutor or the certificate holder commences a foreclosure action against the certificate parcel and that action proceeds to judgment, the court conducting the action is to enter a judgment including the damages components enumerated in Section 5721.”
Ohio Rev. Code § 5721.39(A)(3): 1 case
Ammar Yassin (Bankr. N.D. Ohio 2022). “If the county prosecutor or the certificate holder commences a foreclosure action against the certificate parcel and that action proceeds to judgment, the court conducting the action is to enter a judgment including the damages components enumerated in Section 5721.”
Ohio Rev. Code § 5721.39(A)(4): 1 case
Tax Ease Ohio, L.L.C. v. Wells, 2018 Ohio 4346 (Ohio Ct. App. 2018). “re may be due to the Treasurer of Montgomery County, Ohio, taxes, accrued taxes, assessments, penalties and interest on the premises described herein, the exact amount of said taxes, accrued taxes, assessments, penalties and interest are unascertainable at this time, but will be…”
Ohio Rev. Code § 5721.39(A)(5): 2 cases
Mun. Tax Invest., L.L.C. v. Northup Reinhardt Corp., 2019 Ohio 4867 (Ohio Ct. App. 2019). “and equity of redemption be foreclosed unless, prior to the confirmation of sale, sums due to appellant are tendered to the county treasurer; and that "an order of sale shall issue to the Sheriff directing him, without appraisal, to advertise and separately sell said parcel at…”
Ammar Yassin (Bankr. N.D. Ohio 2022). “If the county prosecutor or the certificate holder commences a foreclosure action against the certificate parcel and that action proceeds to judgment, the court conducting the action is to enter a judgment including the damages components enumerated in Section 5721.”
Ohio Rev. Code § 5721.39(D): 1 case
Ammar Yassin (Bankr. N.D. Ohio 2022). “If the county prosecutor or the certificate holder commences a foreclosure action against the certificate parcel and that action proceeds to judgment, the court conducting the action is to enter a judgment including the damages components enumerated in Section 5721.”
Ohio Rev. Code § 5721.39(D)(1): 2 cases
Mun. Tax Invest., L.L.C. v. Northup Reinhardt Corp., 2019 Ohio 4867 (Ohio Ct. App. 2019). “and equity of redemption be foreclosed unless, prior to the confirmation of sale, sums due to appellant are tendered to the county treasurer; and that "an order of sale shall issue to the Sheriff directing him, without appraisal, to advertise and separately sell said parcel at…”
Ammar Yassin (Bankr. N.D. Ohio 2022). “If the county prosecutor or the certificate holder commences a foreclosure action against the certificate parcel and that action proceeds to judgment, the court conducting the action is to enter a judgment including the damages components enumerated in Section 5721.”
Ohio Rev. Code § 5721.39(E): 2 cases
Mun. Tax Invest., L.L.C. v. Northup Reinhardt Corp., 2019 Ohio 4867 (Ohio Ct. App. 2019). “and equity of redemption be foreclosed unless, prior to the confirmation of sale, sums due to appellant are tendered to the county treasurer; and that "an order of sale shall issue to the Sheriff directing him, without appraisal, to advertise and separately sell said parcel at…”
Haynes v. Haynes, 2021 Ohio 4507 (Ohio Ct. App. 2021). “See, R.C. 5721.39(E). The attorney fees Appellee incurred in protecting the finality of the judgment benefited all of the parties.”
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