GENERAL LAND BANK QUESTIONS
Still have questions? Need clarification? You may find your answers here. The information is organized in the following categories:
Why was the Montgomery County Land Bank established?
The Montgomery County Board of County Commissioners created the Montgomery County Land Reutilization Corporation, also known as the Land Bank, at the recommendation of the County Treasurer, in accordance with Section 1724 of the Ohio Revised Code. The organization is the County’s response to the housing crisis and the growing number of tax foreclosures and abandoned, vacant properties in local communities. The Land Bank’s mission is “to facilitate the transition of blighted, foreclosed and abandoned properties into viable, marketable properties by working collaboratively with public and private entities in a financially responsible, transparent manner with a long-term goal of returning these properties to the tax roll.
What is the history of the Montgomery County Land Bank?
The Montgomery County Land Bank was launched in 2012 with the County Treasurer serving as MCLB chair and interim executive director. Startup funding was allocated from the Treasurer’s Office Delinquent Tax and Assessment Collection.
In November 2012, the Board of County Commissioners approved 5 percent of the County’s Delinquent Tax and Assessment Collection be allocated to the Land Bank. These funds are used to operate the organization and its programs. After securing this stable funding source, the MCLB Board of Directors hired its first full-time executive director in November 2013.
How is the Land Bank governed?
The Land Bank is governed by a Board of Directors, which is appointed by the Board of County Commissioners. The Ohio Revised Code establishes the composition of the board, stipulating the appointment of five, seven or nine members, including the following:
- County treasurer
- At least two of the members of the board of county commissioners
- One representative of the largest municipal corporation
- One representative of a township with a population of at least ten thousand in the unincorporated area of the township
- One individual with private sector or nonprofit experience in rehabilitation or real estate acquisitions.
Current Board members include County Treasurer Carolyn Rice; Montgomery County Commissioner Judy Dodge; Montgomery County Commissioner Debbie Lieberman; Dayton Mayor Nan Whaley; Washington Township Trustee Scott Paulson; Market Metric$, LLC, owner Doug Harnish; and HER Realtor and community development specialist Sheila Crane.
Citizen and Investor Programs
If I’m a citizen or investor, what qualifications must I meet to participate in Land Bank programs?
A citizen or investor must meet these qualifications:
- Current on property taxes
- No nuisance citations/conditions for the last two years on any property owned.
- Not tax delinquent during the previous two years on any property owned (includes corporate members)
- If project is a rehab or new development:
- Financing to complete the project
- Feasible project development plan and time line
- Proof of prior work completed (if applicable)
- Letters of support (at Land Bank’s request)
- o Additional information on a case-by-case basis
- For commercial, industrial and new development projects, further financing and development plans may be required
DIY RENOVATION PROGRAM
How does the Land Bank acquire properties for the DIY Renovation Program?
DIY Renovation properties come to the Land Bank in various ways, including tax foreclosure, donations by lenders and private citizens, or acquisition of REO property through government programs, local governments, individual citizens and banks. The Land Bank inspects each property to ensure its reuse potential. If it meets established standards, the Land Bank acquires the deed and offers the property for bid to citizens and investors interested in rehabbing it through the DIY Renovation Program.
Does the Land Bank’s property listing include REO properties and HUD homes for sale?
The property listing on this website may include some types of REO homes or HUD foreclosed homes, but all are under the ownership of the Land Bank.
What are the steps involved in the DIY Renovation Program?
- Land Bank receives and reviews applications for completeness
- Land Bank verified applicant meets participation criteria, including
- Absence of code violations
- Absence of tax delinquencies
- Absence of foreclosure actions
- Absence of bankruptcies
- Residency status
- Renovation experience
- Financial capacity
- Land Bank assesses applicants’ offers and qualifications
- Land Bank notifies applicants on outcome of bidding
- Successful bidder/purchaser pays non‐refundable deposit
- Purchaser transfers utilities into own name and obtains required insurance for the property
- Purchaser and the Land Bank sign a “Deed in Escrow Sale and Purchase Agreement”
- Purchaser begins agreed-upon renovations
- Purchaser notifies Land Bank of work completion
- Land Bank inspects property
- If conditions met, the Land Bank transfers deed to purchaser
Complete program details and requirements are available when you download the DIY Renovation Program application form and instructions from the Resources page on this website.
May I see DIY properties before I submit an offer?
Yes. Information about viewings is provided in the details of the property offering. For specific information, check the Land Bank’s listing of available properties on this website.
How much time do I have to complete the improvements on a DIY Renovation program property?
You have six months to complete the improvements from the time the Deed in Escrow Sale and Purchase Agreement has been executed.
When will I receive the property deed?
The Land Bank will transfer the deed after the final inspection of the renovations, confirmation that the conditions of the agreement with the purchaser have been satisfied and closing costs have been paid.
Since I don’t get the deed until after renovations, how can I finance the improvements?
Most of our purchasers self-finance, obtain a personal loan or equity line of credit using other property they own.
Is there a limit to the number of properties I may bid on through the program?
There is no limit on the number of properties you may acquire through this program as long as you continue to meet the qualification criteria and fulfill the terms of the sales and purchase agreement.
How can I learn about new properties as they become available?
Sign up for the Land Bank’s emails about new properties, regularly check the Land Bank-owned property listing on this website or call the Land Bank at (937) 521-6926.
FORECLOSURE ACQUISITION PROGRAM
What types of properties qualify for the Foreclosure Acquisition Program?
Property qualifications for the Foreclosure Acquisition Program include
- Residential property of 1-4 units
- Taxes have been delinquent for at least one year
- Property “unoccupied” per Ohio Revised Code 323.65
How long does a foreclosure process take?
There are two types of foreclosure processes, and the circumstances surrounding the property you request will impact the timeframe. The typical judicial foreclosure process can take up to 24 months. Various county offices have worked together to establish an expedited process. If your property qualified for this process, the timeframe is reduced to approximately nine months.
Where do I find the properties available through the Foreclosure Acquisition program?
Tax-delinquent properties in Montgomery County, except for Dayton, are listed on GoGetProperties.com. Dayton’s tax-delinquent properties can be accessed through the city of Dayton’s Lot Links Program.
For more information on how to use GoGetProperties.com, click here: go_get_properties_help.pdf
May I suggest a property for the Foreclosure Acquisition program?
May I see the property before starting the Foreclosure Acquisition process?
Prior to foreclosure, neither the Land Bank nor the applicant has the legal right to enter the property.
How do Foreclosure Acquisition properties come to the Land Bank’s attention?
Properties are identified by way of the delinquent-property listing on the Montgomery County Treasurer’s website. or by interested citizens.
What steps are involved in the Foreclosure Acquisition process?
- Applicant submits form and fee payment to Land Bank
- Land Bank reviews applicant and property for eligibility
- Land Bank submits property for tax foreclosure; a legal process (judicial or expedited) is initiated
- Land Bank receives recorded Sheriff’s Deed
- Applicant receives property deed
Are liens and encumbrances erased on Foreclosure Acquisition properties?
Yes, the Land Bank transfers a clean title. In certain instances special assessments and utility bills may not be removed.
Are there any limitations for the final uses of the property I acquire?
No, as long as the applicant’s capacity to carry out the agreed-upon improvements has not changed and the use is compliant with zoning and housing codes.
What is the process for donating a property to the Land Bank?
The first step to donate a property is to fill out the donation questionnaire form. If the property meets the qualifications for donation the Land Bank will contact you with instructions on how to transfer the deed to the Land Bank.
What conditions must be met for a property to be donated?
These conditions must be met for the Land Bank to accept a residential property donation:
- The title must be clear and marketable, as verified by a title search conducted by the donor.
- The property may have no judgment liens or other encumbrances such as mortgages, unpaid utility bills, state or federal income tax liens, among others.
- The property must be free of environmental hazards.
- The property must be unoccupied.
Can the Land Bank decline a property donation?
Yes. The Land Bank reserves the right to deny any property donation.
Are there tax advantages to donating a property to the Land Bank?
A property donation to the Land Bank relieves the donor of a future tax burden and maintenance costs. Any other tax benefits should be addressed with your tax professional.
How does the Land Bank dispose of donated properties?
Donated properties may be included in the demolition program or offered for bid in the DIY Renovation Program, demolished or held for other community-based reasons.
Do I pay any fees to the Land Bank if I donate a property?
There is no fee for donating a property.
COMMERCIAL REDEVELOPMENT PROGRAM
How do distressed commercial properties come to the Land Bank’s attention?
Distressed commercial and industrial properties typically are brought to the Land Bank’s attention by an investor interested in renovation or local government interested in positioning the property for redevelopment.
May I recommend a distressed commercial property to the Land Bank?
Yes. Individuals’ inquiries are the most common way in which distressed commercial properties come to the Land Bank’s attention.
How much time do I have to complete a commercial renovation?
The time allotted for a commercial renovation is negotiated between interested buyer and the Land Bank.
What are the investor qualifications for the Commercial Redevelopment Program?
To qualify for the Commercial Redevelopment Program, an investor must
- Possess a clean record as a responsible property owner
- Have a redevelopment plan for the property
- Demonstrate the financial capacity to implement the plan
What are the costs?
There is a non-refundable fee of $2,000 per property to undertake the due diligence associated with the sale agreement. If the applicant qualifies the terms for the sale of the property will be negotiated, including the remuneration for the property.
How can I find the properties available through the Commercial Redevelopment program?
Potential investors can find tax-delinquent commercial and industrial listed on the Montgomery County Treasurer’s website.
May I inspect the property before participating in the program?
Prior to foreclosure, neither the Land Bank nor the investor has the legal right to enter the property unless permission is granted by the owner.
Must I commit to an end use for the property from the Commercial Redevelopment Program?
An end use must be part of the redevelopment plan proposed to the Land Bank for any property.
Can I acquire apartment buildings through this program?
Multifamily buildings with more than four units are eligible under this program.
Local Government Programs
What activities may my local government undertake with the Planning Grant?
The Planning Grant provides financial resources for jurisdictions to hire professional assistance to create a plan for neighborhood redevelopment in strategic target areas. Specific activities related to the planning process may include
- Highest and best-use analysis
- Strategic planning for a target area
- Market analysis
- Land use concept plans and renderings
- Policy guidelines for jurisdiction’s future decisions on investment and zoning
Is there a time limit for completion of the plan?
The plan must be completed within one year of the grant award, unless an alternate deadline is agreed up by the Land Bank and the jurisdiction.
What are the reporting requirements?
The Land Bank requires the jurisdiction to provide, for five years following the grant award, an annual written status report on the plan’s development and/or implementation. In addition, the jurisdiction must submit supporting documentation for purposes of reimbursement.
Must my local government hire an outside firm to support the planning process?
Yes. The Land Bank requires the hiring of a firm with professional planning credentials, if Planning Grant funds are used.
May my local government qualify for more than one planning grant if we have multiple areas to consider?
Yes, you are limited to one grant award per year unless approved by the Board of Directors. The program is also is dependent upon the availability of funds.
How can I acquire a lot in my neighborhood after the house has been demolished?
By notifying the Land Bank of your interest now, you can be placed on a list to be contacted when the lots are offered. Note that preference is given to immediately adjacent property owners (owners only, not renters). The jurisdiction must approve the transfer, and there will be an application and affidavit to complete. The fee is $200. Applicant qualifications are the same as for other Land Bank programs.
Can my local government get involved in the Land Bank’s Demolition Program?
Yes. When the state of Ohio or the federal government announces that funding is available to help communities address distressed housing issues, the Land Bank invites all Montgomery County jurisdictions to participate in applying for the program(s). The Land Bank helps to coordinate the required information-gathering, application submission and program administration, once the funds are awarded.
May I suggest a property to be added to the demolition list?
Yes, but because of the limitations of grant funds and requirements, decisions regarding prioritizing demolition properties lies with the local government.
LAND BANKING PROGRAM
How does the Land Banking Program help my community?
Land banking supports community and economic development by strategically assembling and holding – tax-free – residential, commercial and industrial properties for future redevelopment. The property must be identified as part of a local redevelopment plan or similar effort.
What qualifications must my local government meet to participate in land banking?
The local government must have a plan, memorandum of understanding with the Land Bank and a negotiated set of business terms for this fee-based program.
Is there any fee for my local government to participate in the Land Banking Program?
The business terms, including fees, are negotiated and based upon the services provided to the property(s).
COMMUNITY RESIDENTIAL REHAB LOAN PROGRAM
Who can apply for the Community Residential Rehab Loan Program?
The Community Residential Rehab Loan Program provides loans exclusively to local governments that have signed a Memorandum of Understanding with the Land Bank and their not-for-profit corporations. It is not a consumer loan.
What is the cost of the loan?
There is a processing fee of $500, plus 1 percent of loan principle, payable at closing of the sale of the property.
What type of properties can I use the loan for?
The loan program is for distressed single-family homes that are part of a larger neighborhood redevelopment plan. It is intended to help local governments transform these properties to encourage further investment and revitalization throughout entire neighborhoods.
How much may my local government borrow?
Loan amounts range from $10,000 to $50,000
What are the repayment terms?
Loans must be repaid within two years of the signing of the agreement, or upon transfer of the property to a buyer, whichever comes first.