Ohio Code § 5721.40

Ohio Code § 5721.40. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5721.40.

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 remains unsold after two

sales.  The court or board of revision, by entry, shall order the parcel forfeited to the

certificate holder who filed the request for foreclosure or notice of intent to foreclose

under section 5721.37 of the Revised Code .  The clerk of the court shall certify copies of the court's order to the county treasurer.  The county treasurer shall notify the certificate holder by ordinary and certified

mail, return receipt requested, that the parcel remains unsold, and shall instruct

the certificate holder of the manner in which the holder shall obtain the deed to

the parcel.  The officer who conducted the sales shall prepare and record the deed conveying

title to the parcel to the certificate holder. Nothing in this section impedes, abridges, or restricts a certificate holder from

instituting foreclosure proceedings under sections 323.65 to 323.79 of the Revised Code . Upon transfer of the deed to the certificate holder under this section, all right,

title, claim, and interest in the certificate parcel are transferred to and vested

in the certificate holder.  The title to the parcel is incontestable in the certificate holder and is free and

clear of all liens and encumbrances, except the following: (A) A federal tax lien, notice of which was properly filed in accordance with section 317.09 of the Revised Code prior to the date that the foreclosure proceeding was instituted under section 5721.37 of the Revised Code and which was foreclosed in accordance with 28 U.S.C. 2410(c) ; (B) Easements and covenants of record running with the land that were created prior to

the time the taxes or assessments, for the nonpayment of which a tax certificate was

issued, became due and payable.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 5721.40
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 5721.40?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 5721.40 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 5721.40 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

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