Ohio Court of Appeals Affirms Dismissal of LLC’s Tax Foreclosure Action

The Ohio Court of Appeals Feb. 20 affirmed the trial court’s dismissal of a Limited Liability Company’s (LLC’s) refiled tax foreclosure action. The Court held that Ohio’s savings statute did not apply because the LLC failed to demonstrate that the underlying tax certificate was valid and that the notice of intent to foreclose complied with statutory requirements. Specifically, the tax certificate had expired under the six-year statute of limitations, and the LLC did not timely commence foreclosure proceedings within 120 days after filing the notice as required by law. [Real Est. Tax Invs. Ret. Equity, LLC v. Butler, et. al., ...