In a recent Supreme Court of Ohio case, the Cuyahoga County Board of Revision flexed its muscles over a deal involving the foreclosure of tax-delinquent abandoned land. See State ex. rel. Feltner v. Cuyahoga Cty. Bd. of Revision, 2020-Ohio-3080. The property in Feltner had been the subject of a board of revision foreclosure case. In Feltner, the owner contended that the board of revision lacked authority to preside over the foreclosure of his property, arguing that the statute was and is unconstitutional. The Supreme Court of Ohio disagreed, reasoning that the Ohio General Assembly clearly gave the BOR statutory authority to proceed, and that grant of authority was constitutional.
Feltner is a good reminder of an increasingly used method of foreclosure and how a prior transfer (and arguments over the legitimacy of a prior transfer) could affect your deal, your title, and your development.