Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-55 - Default Identification and Determination › Section 5101:12-55-20 - Liens against real and personal property

Current through all regulations passed and filed through July 1, 2024
(A) This rule describes the procedures that a
			 child support enforcement agency (CSEA) shall use when it decides to assert a
			 lien on real or personal property that is owned by an obligor who has been
			 determined to be in default under a support order. Obtaining a lien does not
			 affect any other legal remedies available against obligors or their property by
			 persons entitled to receive support that is in arrears.
(B) A lien can be attached to real property
			 (real estate) that must be paid off before a subsequent purchaser can take the
			 property free of the creditor's claim. Sections
			 3123.66 and
			 3123.67 of the Revised Code
			 provide for the assertion of a lien against real and personal property by the
			 CSEA. Section 3123.73 of the Revised Code
			 provides that a CSEA is entitled to have real and personal property subject to
			 the lien sold in accordance with section
			 3123.74 of the Revised Code.
			 Chapter 2329. of the Revised Code provides for securing a lien against real
			 property. Chapter 2715. and section
			 4505.13 of the Revised Code
			 provide for the attachment of personal property that includes, but is not
			 limited to, items such as motor vehicles, guns, electronic equipment, jewelry,
			 and musical instruments.
(C) CSEA
			 assertion of a lien on real or personal property located in Ohio.
(1) Pursuant to section
			 3123.66 of the Revised Code,
			 when a court or CSEA has issued a final and enforceable determination that an
			 obligor is in default, the CSEA may assert a lien on any or all of the
			 obligor's real and personal property that is located in Ohio.
(2) When the CSEA asserts a lien, the lien
			 shall include the amount of the arrears determined to be in default and any
			 amounts due for current support that are in arrears after the date of the
			 default determination.
(3) When the
			 CSEA asserts a lien on real or personal property, it may file the lien with the
			 county recorder in each Ohio county in which the CSEA knows that the obligor's
			 real or personal property that is subject to the lien is located. If requested
			 by the county recorder, the CSEA shall include any additional documentation or
			 a self-addressed, stamped envelope for the return of the filed lien.
(a) A CSEA may enter into a contract with the
			 county recorder using procedures described in rules
			 5101:12-1-80 to
			 5101:12-1-80.4 of the
			 Administrative Code for the purpose of reimbursing the recorder for the cost of
			 filing liens.
(b) After the CSEA
			 files a lien, the lien shall apply to after acquired property as
			 well.
(4) In accordance
			 with section 3123.69 of the Revised Code, a
			 CSEA shall, no later than ten days after filing a lien, serve a copy of the
			 lien by regular mail on both the obligor whose real or personal property is
			 subject to the lien and the person or state agency in possession or control of
			 any real or personal property of the obligor.
(5) Pursuant to section
			 3123.70 of the Revised Code, a
			 lien shall:
(a) Have priority over liens,
			 mortgages, security interests, or other types of encumbrances that are
			 associated with the property that arise after the date the lien is filed;
			 and
(b) Not have priority over
			 liens, mortgages, security interests, or other types of encumbrances associated
			 with the property that arose on or before the date the lien was
			 filed.
(6) After service
			 of process as described in paragraph (C)(4) of this rule has occurred, any
			 person or state agency that releases, sells, transfers, or conveys real or
			 personal property subject to the lien to or for the benefit of the obligor or
			 any other person, or fails or refuses to surrender property for the execution
			 sale shall be liable for the support arrears that are the basis of the lien.
			 This liability includes costs, interest, and reasonable attorney's fees of the
			 opposing party pursuant to section
			 3123.77 of the Revised
			 Code.