In re Foreclosure of Liens for Delinquent Land Taxes v. Parcels of Land Encumbered with Delinquent Tax Liens

At issue in this case was whether Ohio Rev. Code 5721.25 permits a mortgage holder to redeem the mortgaged property when it is the subject of a tax foreclosure proceeding. Here, Vanderbilt Mortgage and Finance, Inc. (Vanderbilt) was the holder of both a promissory note and mortgage on certain property. Due to the mortgagors’ failure to pay taxes on the property, the county treasurer initiated a tax foreclosure proceeding for delinquent taxes. The question before the trial court was whether Vanderbilt had the right to redeem. The trial court concluded that Vanderbilt was a “person entitled to redeem” under section 5721.25, granted Vanderbilt’s motion to stay the confirmation of sale and to vacate and set aside the sheriff’s sale. The court of appeals reversed, determining that Vanderbilt was not entitled to redeem the property. The Supreme Court reversed the court of appeals, holding (1) “any person entitled to redeem the land” under section 5721.25 includes “any owner or lienholder of, or other person with an interest in” the property as set forth in section 5721.181; and (2) therefore, Vanderbilt, as a lienholder, was entitled to redeem the land. Remanded. View "In re Foreclosure of Liens for Delinquent Land Taxes v. Parcels of Land Encumbered with Delinquent Tax Liens" on Justia Law