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SER US BANK TRUST v. CUYAHOGA CTY.

Nos. 2021-1090, 2021-1091, and 2021-1181.

223 N.E.3d 438 (2023)

172 Ohio St.3d 295

2023-Ohio-1063

The STATE EX REL. US BANK TRUST, NATIONAL ASSOCIATION, as Trustee of American Homeowner Preservation Trust Series 2015A+, Appellant, v. CUYAHOGA COUNTY, Appellee. The State ex rel. US Bank Trust, National Association, as Trustee of American Homeowner Preservation Trust Series 2015A+, Appellant, v. Lucas County Board of County Commissioners, Appellee. The State ex rel. US Bank Trust, National Association, as Trustee of American Homeowner Preservation Trust Series 2014A, Appellant, v. Summit County, Appellee.

Supreme Court of Ohio.

Decided April 4, 2023.

Attorney(s) appearing for the Case

Advocate Attorneys, L.L.P., Andrew M. Engel , and Marc E. Dann , Cleveland, for appellant.

Roetzel & Andress, L.P.A., and Stephen W. Funk , Akron, for appellees.

Jay R. Carson , Cleveland, urging reversal for amicus curiae The Buckeye Institute in case No. 2021-1181.

Oliver J. Dunford , urging reversal for amicus curiae Pacific Legal Foundation in case No. 2021-1181.

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Charles W. Anness , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.

Yourkvitch & Dibo, L.L.C., and Matthew P. Yourkvitch , Cleveland, urging affirmance for amici curiae County Commissioners Association of Ohio, County Treasurers Association of Ohio, County Auditors Association of Ohio, and Ohio Mayors Alliance.

Introduction

{¶ 1} Under Ohio law, a county treasurer shall enforce a tax lien on real property through a foreclosure action, which may result in a sale of the property at auction. If a sale at auction occurs and the price exceeds the amount of the lien, the excess funds paid by the purchaser may go to junior...

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