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Oh Property Tax AssessmentAd_valorem_tax_ohHARD

A real estate investor in Ohio purchases a property at a sheriff's sale following a tax foreclosure. The sale price is $80,000, but the delinquent taxes, penalties, and costs total $55,000, while the property had a first mortgage balance of $120,000. After the sale, what is the status of the mortgage?

Correct Answer

A) The mortgage is extinguished by the tax foreclosure sale, and the buyer receives clear title

In Ohio, a judicial tax foreclosure sale (under ORC Chapter 5721) extinguishes subordinate liens, including mortgages. Property tax liens are superior to mortgage liens, and a completed tax foreclosure sale conveys the property free and clear of the subordinate mortgage. The lender's remedy was to pay the delinquent taxes or participate in the foreclosure proceedings.

Answer Options
A
The mortgage is extinguished by the tax foreclosure sale, and the buyer receives clear title
B
The mortgage remains in full force and the buyer takes the property subject to the mortgage
C
The mortgage is reduced by the amount of the sale price minus the tax lien amount
D
The mortgage holder receives the sale proceeds after the tax lien is satisfied

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Related Topics & Key Terms

Key Terms:

tax_foreclosuresheriff_salelien_prioritymortgage_extinguished
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