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Real Property Successor Trustee Affidavit
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Section 5709.87 | Exempting increase in assessed value of realty cleaned of contamination.

...sue an order granting an exemption from real property taxation of the increase in the assessed value of land constituting property that is described in the certification and of the increase in the assessed value of improvements, buildings, fixtures, and structures that are situated on that land on the tax lien date of the year in which the remedial activities began. For each tax year of the exemption allowed under th...

Section 5709.88 | Tax incentives to promote employment and improve economic climate.

...into under this section. In the case of real property, the proper county auditor shall determine the taxable value of the property for each of the tax years for which the property had been exempted from taxation, and shall determine the amount of taxes that would have been charged against the property had the property been subject to taxation each of those years. The county treasurer shall issue a tax bill as otherwi...

Section 5709.881 | Local agreements.

... statements: (1) A description of real property to be exempted from taxation under the agreement, the percentage of the assessed valuation of the real property exempted from taxation, and the period for which the exemption is granted, accompanied by the statement: "The exemption commences the first year for which the real property would first be taxable were that property not exempted from taxation. No exemption sha...

Section 5709.882 | Report of local agreements.

...ment the value of the real and personal property exempted pursuant to the agreement and a comparison of the stipulated and actual schedules for hiring new employees, for retaining existing employees, for the amount of payroll of the enterprise attributable to these employees, and for remediating and investing in establishing, expanding, renovating, or occupying a facility; (b) The number of agreements the terms of ...

Section 5709.883 | Tax incentive review council - cleanup of contamination.

...all agreements granting exemptions from property taxation under section 5709.88 of the Revised Code and any performance or audit reports required to be submitted pursuant to those agreements. With respect to each agreement, the council shall determine whether the owner of the exempted property has complied with the agreement, and may take into consideration any fluctuations in the business cycle unique to the owner's...

Section 5709.89 | Residential development loan exemption and payments.

...lution or ordinance exempting from real property taxation improvements to each parcel of real property whose construction commenced as the result of infrastructure whose development, repair, or upgrade was funded by a residential development loan accepted by the subdivision. The resolution or ordinance shall be adopted and begin to apply in the same tax year in which such infrastructure is developed, repaired, or upg...

Section 5709.91 | Service payments in lieu of taxes.

...enter the obligation on the tax list of real property opposite the parcel against which it is charged, and certify the minimum service payment obligation to the county treasurer. An unpaid minimum service payment obligation is a lien on property against which it is charged from the date the obligation is entered on the tax list, and shall be collected in the manner provided for collection of real property taxes. Once...

Section 5709.911 | Exemptions.

...ctions in the same manner as other real property tax exemptions, notwithstanding the indication in division (A) of section 5715.27 of the Revised Code that the owner of the property may file the application. An application for exemption may not be filed by a municipal corporation, township, or county for an exemption of a parcel under section 5709.40, 5709.73, or 5709.78 of the Revised Code if the property owner excl...

Section 5709.912 | Administrative rules.

...The tax commissioner may, in accordance with section 5703.14 of the Revised Code, adopt rules to implement sections 5709.91 and 5709.911 of the Revised Code.

Section 5709.913 | Increases in assessed value of real property located within a municipal incentive district.

...s used in this section: (1) "Base real property" means the land, structures and buildings, or portions of structures and buildings, that existed, and in the condition in which they existed, for the tax year in which the ordinance or resolution creating the incentive district referred to in division (B) of this section was enacted or adopted, as reflected in the exempt tax list or the general tax list and duplicate o...

Section 5709.914 | Increases in assessed value of real property located within a county incentive district.

...s used in this section: (1) "Base real property" means the land, structures and buildings, or portions of structures and buildings, that existed, and in the condition in which they existed, for the tax year in which the resolution creating the incentive district referred to in division (B) of this section was adopted, as reflected in the exempt tax list or the general tax list and duplicate of real and public utilit...

Section 5709.915 | Application of amendments to R.C. 5709.91 by S.B. 57 of the 134th General Assembly [codified from Section 6 of S.B. 57, 134th General Assembly, pursuant to R.C. 103.131].

...The amendment by this act of section 5709.91 of the Revised Code applies to any proceedings commenced or instruments recorded after the amendment's effective date, and, so far as the amendment supports the actions taken, also applies to proceedings that on its effective date are pending, in progress, or completed, or instruments that have previously been recorded, notwithstanding the applicable law previously in effe...

Section 5709.916 | Concurrent municipal tax increment financing exemptions.

...ovements to one or more parcels of real property located within an existing incentive district, created by an incentive district ordinance adopted by the same municipal corporation, to be a public purpose and concurrently exempting a percentage of such improvements from real property taxation. (C) For the period that the exemptions are concurrent under division (B) of this section: (1) With respect to improvement...

Section 5709.92 | Ranking of school districts by capacity.

...d non-current expense allocation of the successor district shall be the sum of such items for each of the districts involved in the merger. (2) If property is transferred from one district to a previously existing district, the amount of the total resources, current expense allocation, and non-current expense allocation that shall be transferred to the recipient district shall be an amount equal to the total resou...

Section 5709.93 | Computation of payments for operating fixed-rate levy losses of local taxing units and public libraries.

...against all property on the tax list of real and public utility property for tax year 2014. (11) "Total resources," in the case of county senior services related functions, means the sum of the amounts in divisions (A)(11)(a) and (b) of this section less any reduction required under division (B)(1) of this section. (a) The sum of the payments received by the county for senior services related functions in calen...

Section 5711.01 | Listing personal property definitions.

...s of investing and reinvesting funds in real property or investments, or holding or selling real property or investments for the purpose of realizing income or profit which is distributed to its shareholders. Investment company does not include any dealer in intangibles, as defined in section 5725.01 of the Revised Code. (K) "Unincorporated mutual fund" means any partnership, each partner of which is a corporation...

Section 5711.02 | Annual returns - supplying of blanks.

..., each taxpayer having taxable personal property with an aggregate taxable value in excess of ten thousand dollars shall make a return to the county auditor of each county in which any taxable property the taxpayer must return is required by this chapter to be listed. The taxpayer shall truly and correctly list on the return all taxable property so required to be listed, including property exempt under division (C)(...

Section 5711.03 | Listing of taxable property.

...711.36 of the Revised Code, all taxable property shall be listed as to ownership or control, valuation, and taxing districts as of the beginning of the first day of January, annually, except that taxable personal property and credits used in business shall be listed as of the close of business of the last day of December, annually, and deposits not taxed at the source shall be listed as of the day fixed by the tax co...

Section 5711.04 | Time for making returns.

...(A) Except as otherwise provided in division (B) of the section, returns shall be made, annually, between the fifteenth day of February and the thirtieth day of April. Upon verified application of any taxpayer, and for good cause shown, the county auditor may extend the time within which such taxpayer may make a return to the fifteenth day of June. If the county auditor fails to allow, in whole, a timely application ...

Section 5711.05 | Returns of taxable property - fiduciary returns.

...assignees for the benefit of creditors, trustees in bankruptcy, or official custodians, by such receivers, assignees, trustees in bankruptcy, or official custodians. Personal property used in business and taxable property of a nonresident used in and arising out of a business transacted for the nonresident or on the nonresident's behalf in any of the cases mentioned in section 5709.03 of the Revised Code, in the ...

Section 5711.06 | Listing of transferred investments.

...year has transferred investments to the trustee of a trust fund shall list the investments transferred as to ownership and taxing district as of the date of such transfer, and as to valuation or income yield as of such first day of January; in listing such income yield, such taxpayers may deduct therefrom such portion of the income yield of the equitable interest in such trust fund as is represented by the income rec...

Section 5711.07 | Proper taxing district for listing property.

...Personal property used in business shall be listed and assessed in the taxing district in which such business is carried on. If such business is carried on in more than one taxing district in the same county, the return shall set forth the amount of the property used therein which is situated in each taxing district in such county, and the value of all the personal property used in business shall be apportioned to an...

Section 5711.09 | Powers and duties of tax commissioner - contents of return.

...relevant to changes in the value of any real estate owned or occupied by him. (D) All forms of returns required to be made to the county auditor shall have printed, stamped, or written thereon the rates of taxation of property on the general tax list and duplicate in each taxing district in the county, and the day of listing deposits as fixed by the commissioner pursuant to section 5725.05 of the Revised Code. The ...

Section 5711.10 | Option to file verified federal income tax return.

... a gain it realizes on the sale of real property or investments. In such case the aggregate amount of income of the taxpayer from investments of the classes taxable under such sections may be included in the taxpayer's return without specification as to the sources thereof, and shall be taken as the assessment of his investments yielding income, in lieu of the assessment thereof as otherwise prescribed, unless the co...

Section 5711.101 | Tax commissioner may require financial statement or balance sheet - substitute listing date.

...that with every return listing personal property used in business or credits, the taxpayer shall file a financial statement or balance sheet of such business as of the close of business on the day next preceding the date of listing. A taxpayer who is required to file a financial statement or balance sheet of his business pursuant to this section may be authorized or required by the commissioner to list his taxable p...

Section 5312.03 | Administration; owners association; board of directors.

...ty company, partner, director, officer, trustee, or employee of the owner may be elected to the board. The majority of the board shall not consist of owners or representatives from the same lot unless authorized by a resolution adopted by the board of directors prior to the board majority being comprised of owners or representatives from the same lot. (2) Unless otherwise provided, a board of directors may carry ou...

Section 5312.04 | Election of officers; powers; meetings.

...member of the board can hear or read in real time and participate and respond to every other member of the board. (E) In lieu of conducting a meeting, the board may take an action with the unanimous written consent of the members of the board. Any written consent shall be filed with the minutes of the meetings of the board. (F) No owner other than a director may attend or participate in any discussion or deli...

Section 5312.05 | Amendments to declaration or bylaws.

...nt, that limits the occupancy or use of property subject to this chapter on the basis of race, color, national origin, religion, sex, or familial status, requires only a majority vote of the board of directors of the owners association.

Section 5312.06 | Powers and duties of owner's association.

...umber, and convey or otherwise transfer real and personal property, subject to section 5312.10 of the Revised Code; (7) Hold in the name of the owners association the real property and personal property; (8) Grant easements, leases, licenses, and concessions through or over the common elements; (9) Levy and collect fees or other charges for the use, rental, or operation of the common elements or for services pr...

Section 5312.07 | Examination of books and records.

...ing: (a) Information that pertains to property-related personnel matters; (b) Communications with legal counsel or attorney work product pertaining to potential, threatened or pending litigation, or other property-related matters; (c) Information that pertains to contracts or transactions currently under negotiation, or information that is contained in a contract or other agreement containing confidentiality re...

Section 5312.08 | Common elements; maintenance, repair and replacement.

...epairable, for the value of the damaged property or item as it existed immediately prior to that damage.

Section 5312.09 | Assignment or conveyance of rights or interest in common elements.

...(A)(1) The owners association may not assign the right to common assessments, or the future income from those assessments, or convey any fee interest or any security interest in any portion of the common elements unless the declaration specifically provides for such a conveyance or seventy-five per cent of the voting power of the owners association, or any larger percentage the declaration specifies, approves t...

Section 5312.10 | Common expense liability.

...(A)(1) In accordance with its declaration, all costs the owners association incurs in the administration, governance, and maintenance of a planned community are common expenses. Unless otherwise provided in the declaration, all costs of the administration, operation, maintenance, repair, and replacement of the common elements are common expenses. (2) The common expense liability of each lot shall be allocated...

Section 5312.11 | Individual lot assessments.

...e following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge ...

Section 5312.12 | Liens.

...lease and satisfaction of mortgages on real property or unless it is discharged by the final judgment or order of a court in an action brought to discharge the lien as provided in this section. (4) The lien is prior to any lien or encumbrance subsequently arising or created, except liens for real estate taxes and assessments of political subdivisions and liens of first mortgages that have been filed for record...

Section 5312.13 | Compliance with covenants, conditions and restrictions; action for damages.

...The owners association and all owners, residents, tenants, and other persons lawfully in possession and control of any part of an ownership interest shall comply with any covenant, condition, and restriction set forth in any recorded document to which they are subject, and with the bylaws and the rules of the owners association, as lawfully amended. Any violation is grounds for the owners association or any own...

Section 5312.14 | Service of process.

...In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the owners association by statute or otherwise, the owners association may sue or be sued as a separate legal entity. Service of summons or other process may be made upon the owners association by serving the process personally upon the president of the board of directors or the person named as statutory...

Section 5312.15 | Construction of chapter.

...This chapter shall be construed to establish a uniform framework for the operation and management of planned communities in this state and to supplement any planned community governing document that is in existence on the effective date of this chapter. In the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control. ...

Section 5312.16 | Solar energy collection devices.

... following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the unit owner must cure the violation to avoid the pro...

Section 5313.01 | Land installment contract definitions.

...land installment contract, or any legal successor in interest to that person. (E) "Legal description" means a description of the property by metes and bounds or lot numbers of a recorded plat including a description of any portion of the property subject to an easement or reservation, if any.

Section 5313.02 | Required provisions of land installment contracts.

...contract, except a mortgage that covers real property in addition to the property that is the subject of the contract where the vendor has made written disclosure to the vendee of the amount of the mortgage and the release price, if any, attributable to the property in question. No vendor shall place a mortgage on the property in an amount greater than the balance due on the contract without the consent of the vende...

Section 5313.03 | Biannual statements furnished to vendee.

...Every vendor under a land installment contract shall, at least once a year or on demand of the vendee, but no more than twice a year, furnish a statement to the vendee showing the following: (A) The amount credited to principal and interest; (B) The balance due. A land contract passbook issued by the vendor or a financial institution shall be sufficient compliance with this section.

Section 5313.04 | Vendee to enforce chapter provisions.

...Upon the failure of any vendor to comply with Chapter 5313. of the Revised Code, the vendee may enforce such provisions in a municipal court, county court, or court of common pleas. Upon the determination of the court that the vendor has failed to comply with these provisions, the court shall grant appropriate relief.

Section 5313.05 | Default of vendee.

...When the vendee of a land installment contract defaults in payment, forfeiture of the interest of the vendee under the contract may be enforced only after the expiration of thirty days from the date of the default. A vendee in default may, prior to the expiration of the thirty-day period, avoid the forfeiture of his interest under the contract by making all payments currently due under the contract and by paying any...

Section 5313.06 | Notice of forfeiture.

...entifies the contract and describes the property covered by it; (B) Specifies the terms and conditions of the contract which have not been complied with; (C) Notifies the vendee that the contract will stand forfeited unless the vendee performs the terms and conditions of the contract within ten days of the completed service of notice and notifies the vendee to leave the premises. Such notice shall be served by the...

Section 5313.07 | Proceeding for foreclosure and judicial sale.

...he vendor may recover possession of his property only by use of a proceeding for foreclosure and judicial sale of the foreclosed property as provided in section 2323.07 of the Revised Code. Such action may be commenced after expiration of the period of time prescribed by sections 5313.05 and 5313.06 of the Revised Code. In such an action, as between the vendor and vendee, the vendor shall be entitled to proceeds of t...

Section 5313.08 | Action for forfeiture and restitution.

...ent contract and for restitution of his property under Chapter 1923. of the Revised Code. When bringing the action under Chapter 1923. of the Revised Code, the vendor complies with the notice requirement of division (A) of section 1923.04 of the Revised Code by serving notice pursuant to section 5313.06 of the Revised Code. The court may also grant any other claim arising out of the contract.

Section 5313.09 | Instrument of cancellation of land contract.

...nty recorder of the county in which the property is located. The county recorder of such county shall record such authenticated judgment as an instrument of cancellation under section 5301.331 of the Revised Code.

Section 5313.10 | Terminating land installment contract is exclusive remedy.

...lus deterioration or destruction of the property occasioned by the vendee's use. In such case the vendor may recover the difference between the amount paid by the vendee on the contract and the fair rental value of the property plus an amount for the deterioration or destruction of the property occasioned by the vendee's use.

Section 5315.01 | Definitions; creation.

...rower" includes the original borrower's successor in interest. (2) "D.O.L.L.A.R. d eed in lieu of foreclosure" means a transaction in which a borrower, after default on a loan s ecured by a mortgage on real property, conveys to the l ender by deed that satisfies t he minimum requirements of section 5302.11 of the Revised Code, title to the real property pledged as security for the r elated note of indebtedness. (...