As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 158 5
1997-1998 6
REPRESENTATIVES SCHULER-CORBIN-TAYLOR-KASPUTIS-OPFER-BATCHELDER- 8
OLMAN-O'BRIEN-MOTTLEY-BOYD-TERWILLEGER-JACOBSON-FORD- 9
PADGETT-REID-GARCIA-HOUSEHOLDER-KRUPINSKI-THOMPSON- 10
METELSKY-WINKLER-TIBERI-MAIER-BRADING-CLANCY-MILLER- 11
PRENTISS-WILSON-DAMSCHRODER-SENATORS ZALESKI- 12
B. JOHNSON-HOWARD-WATTS-SCHAFRATH-GARDNER 13
15
A B I L L
To amend section 317.08 and to enact sections 17
1311.85 to 1311.93 of the Revised Code to create 19
lien rights for real estate brokers on certain 20
commercial property, to provide for the 21
perfection, enforcement, release or 22
satisfaction, and extinguishment of liens, to 23
establish lien priority, and to permit the 26
awarding of attorney's fees and costs to 27
prevailing parties. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That section 317.08 be amended and sections 32
1311.85, 1311.86, 1311.87, 1311.88, 1311.89, 1311.90, 1311.91, 33
1311.92, and 1311.93 of the Revised Code be enacted to read as 35
follows:
Sec. 317.08. Except as provided in division (F) of this 44
section, the county recorder shall keep six separate sets of 46
records as follows:
(A) A record of deeds, in which shall be recorded all 48
deeds and other instruments of writing for the absolute and 49
unconditional sale or conveyance of lands, tenements, and 50
hereditaments; all notices as provided for in sections 5301.47 to 51
2
5301.56 of the Revised Code; all judgments or decrees in actions 52
brought under section 5303.01 of the Revised Code; all 53
declarations and bylaws as provided for in Chapter 5311. of the 54
Revised Code; affidavits as provided for in section 5301.252 of 55
the Revised Code; all certificates as provided for in section 56
5311.17 of the Revised Code; all articles dedicating 57
archaeological preserves accepted by the director of the Ohio 58
historical society under section 149.52 of the Revised Code; all 59
articles dedicating nature preserves accepted by the director of 60
natural resources under section 1517.05 of the Revised Code; all 61
agreements for the registration of lands as archaeological or 62
historic landmarks under section 149.51 or 149.55 of the Revised 63
Code; all conveyances of conservation easements under section 64
5301.68 of the Revised Code; all instruments or orders described 65
in division (B)(1)(c)(ii) of section 5301.56 of the Revised Code; 66
all no further action letters issued under section 3746.11 of the 67
Revised Code; all covenants not to sue issued under section 68
3746.12 of the Revised Code; any restrictions on the use of 69
property identified pursuant to division (C)(3) of section 70
3746.10 of the Revised Code; and all memoranda of trust, as 71
described in division (A) of section 5301.255 of the Revised 72
Code, that describe specific real property; 73
(B) A record of mortgages, in which shall be recorded all 75
of the following: 76
(1) All mortgages, including amendments, supplements, 78
modifications, and extensions of mortgages, or other instruments 79
of writing by which lands, tenements, or hereditaments are or may 80
be mortgaged or otherwise conditionally sold, conveyed, affected, 81
or encumbered; 82
(2) All executory installment contracts for the sale of 84
land executed after September 29, 1961, that by their terms are 85
not required to be fully performed by one or more of the parties 86
to them within one year of the date of the contracts; 87
(3) All options to purchase real estate, including 89
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supplements, modifications, and amendments of the options, but no 90
option of that nature shall be recorded if it does not state a 91
specific day and year of expiration of its validity. 92
(C) A record of powers of attorney, including all 94
memoranda of trust, as described in division (A) of section 95
5301.255 of the Revised Code, that do not describe specific real 96
property; 97
(D) A record of plats, in which shall be recorded all 99
plats and maps of town lots, of the subdivision of town lots, and 100
of other divisions or surveys of lands, any center line survey of 101
a highway located within the county, the plat of which shall be 102
furnished by the director of transportation or county engineer, 103
and all drawings as provided for in Chapter 5311. of the Revised 104
Code; 105
(E) A record of leases, in which shall be recorded all 107
leases, memoranda of leases, and supplements, modifications, and 108
amendments of leases and memoranda of leases; 109
(F) A record of declarations executed pursuant to section 112
2133.02 of the Revised Code and durable powers of attorney for 114
health care executed pursuant to section 1337.12 of the Revised 115
Code. 116
All instruments or memoranda of instruments entitled to 118
record shall be recorded in the proper record in the order in 119
which they are presented for record. The recorder may index, 120
keep, and record in one volume unemployment compensation liens, 121
internal revenue tax liens and other liens in favor of the United 122
States as described in division (A) of section 317.09 of the 123
Revised Code, personal tax liens, mechanic's liens, agricultural 124
product liens, notices of liens, certificates of satisfaction or 125
partial release of estate tax liens, discharges of recognizances, 126
excise and franchise tax liens on corporations, BROKER'S LIENS, 127
and liens provided for in sections 1513.33, 1513.37, 3752.13, 129
5111.021, and 5311.18 of the Revised Code. 131
The recording of an option to purchase real estate, 133
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including any supplement, modification, and amendment of the 134
option, under this section shall serve as notice to any purchaser 135
of an interest in the real estate covered by the option only 136
during the period of the validity of the option as stated in the 137
option. 138
(G) In lieu of keeping the six separate sets of records 141
required in divisions (A) to (F) of this section and the records 143
required in division (H) of this section, a county recorder may 144
record all the instruments required to be recorded by this 145
section in two separate sets of record books. One set shall be 146
called the "official records" and shall contain the instruments 147
listed in divisions (A), (B), (C), (E), (F), and (H) of this 149
section. The second set of records shall contain the instruments 150
listed in division (D) of this section. 151
(H) Except as provided in division (G) of this section, 154
the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the 155
recorder pursuant to section 2923.36 of the Revised Code and a 156
separate set of records containing all medicaid fraud lien 157
notices filed with the recorder pursuant to section 2933.75 of 158
the Revised Code. 159
Sec. 1311.85. AS USED IN SECTIONS 1311.85 TO 1311.93 OF 161
THE REVISED CODE:
(A) "BROKER" MEANS AN INDIVIDUAL, PARTNERSHIP, 163
CORPORATION, OR ASSOCIATION LICENSED AS A REAL ESTATE BROKER 164
PURSUANT TO CHAPTER 4735. OF THE REVISED CODE. 165
(B) "COMMERCIAL REAL ESTATE" MEANS ANY PARCEL OF REAL 167
ESTATE IN THIS STATE OTHER THAN REAL ESTATE CONTAINING ONE TO 169
FOUR RESIDENTIAL UNITS. "COMMERCIAL REAL ESTATE" DOES NOT 170
INCLUDE SINGLE-FAMILY RESIDENTIAL UNITS SUCH AS CONDOMINIUMS, 171
TOWNHOUSES, MANUFACTURED HOUSING, OR HOMES IN A SUBDIVISION WHEN 172
SOLD, LEASED, OR OTHERWISE CONVEYED ON A UNIT-BY-UNIT BASIS, EVEN 173
THOUGH THESE UNITS MAY BE A PART OF A LARGER BUILDING OR PARCEL 174
OF REAL ESTATE CONTAINING MORE THAN FOUR RESIDENTIAL UNITS. 176
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"COMMERCIAL REAL ESTATE" ALSO DOES NOT INCLUDE REAL ESTATE OWNED
BY A PUBLIC AUTHORITY AS DEFINED IN SECTION 1311.25 OF THE 178
REVISED CODE. 179
(C) "LIEN PROPERTY" MEANS ANY INTEREST IN COMMERCIAL REAL 181
ESTATE AGAINST WHICH A BROKER HAS A LIEN PURSUANT TO SECTIONS 183
1311.85 TO 1311.93 OF THE REVISED CODE.
(D) "OWNER" MEANS A PERSON WHO HAS A LEGAL OR EQUITABLE 185
INTEREST IN LIEN PROPERTY AND WHO ENTERS INTO A WRITTEN CONTRACT 187
WITH A BROKER FOR SERVICES RELATED TO SELLING, LEASING, OR 188
CONVEYING ANY INTEREST IN THE LIEN PROPERTY.
Sec. 1311.86. (A) ANY BROKER THAT ENTERS INTO A WRITTEN 190
CONTRACT FOR SERVICES RELATED TO SELLING, LEASING, OR CONVEYING 191
ANY INTEREST IN COMMERCIAL REAL ESTATE HAS A LIEN ON THAT 192
COMMERCIAL REAL ESTATE. THE LIEN IS EFFECTIVE ONLY IF THE 193
CONTRACT FOR SERVICES IS IN WRITING AND IS SIGNED BY THE BROKER 194
OR THE BROKER'S AGENT AND THE OWNER OF THE LIEN PROPERTY OR THE 195
OWNER'S AGENT.
(B)(1) ONLY THE BROKER NAMED IN THE CONTRACT HAS A LIEN 197
PURSUANT TO THIS SECTION AND A LIEN IS NOT AVAILABLE TO ANY 198
EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE BROKER. 199
(2) THE AMOUNT OF THE LIEN IS LIMITED TO THE AMOUNT DUE TO 201
THE BROKER PURSUANT TO THE CONTRACT. IF THE AMOUNT DUE TO THE 202
BROKER IS PAYABLE IN INSTALLMENTS, A PORTION OF WHICH IS DUE 203
AFTER CONVEYANCE, THE AMOUNT OF THE LIEN IS LIMITED TO THE AMOUNT 204
DUE TO THE BROKER PRIOR TO OR UPON CONVEYANCE. 205
(3) THE LIEN IS EFFECTIVE ONLY AGAINST THE INTEREST IN 207
REAL ESTATE THAT IS THE SUBJECT OF THE CONTRACT. 208
Sec. 1311.87. (A)(1) A LIEN ESTABLISHED PURSUANT TO 210
SECTION 1311.86 OF THE REVISED CODE IS PERFECTED WHEN BOTH OF THE 213
FOLLOWING HAVE OCCURRED:
(a) THE BROKER IS ENTITLED TO A FEE OR COMMISSION UNDER 215
THE CONTRACT. 216
(b) THE BROKER HAS MET THE REQUIREMENTS OF DIVISION (B) OF 219
THIS SECTION.
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(2) THE LIEN IS PERFECTED AS OF THE DATE THE REQUIREMENTS 221
OF DIVISION (A)(1) OF THIS SECTION ARE MET AND DOES NOT RELATE 222
BACK TO AN EARLIER DATE. 223
(B) TO PERFECT A LIEN PURSUANT TO DIVISION (A)(1) OF THIS 226
SECTION, A BROKER SHALL COMPLY WITH ALL OF THE FOLLOWING: 228
(1) THE BROKER SHALL RECORD A LIEN AFFIDAVIT IN THE COUNTY 230
RECORDER'S OFFICE OF THE COUNTY IN WHICH THE REAL ESTATE IS 231
LOCATED. THE RECORDER SHALL RECORD ON THE AFFIDAVIT THE DATE AND 232
PRECISE TIME THE AFFIDAVIT WAS PRESENTED FOR RECORD, AND SHALL 233
RECORD THE AFFIDAVIT. THE RECORDER SHALL CHARGE AND COLLECT THE 234
FEES SET FORTH IN SECTION 317.32 OF THE REVISED CODE FOR THE 236
RECORDER'S SERVICES.
(2)(a) THE LIEN AFFIDAVIT SHALL INCLUDE THE NAME OF THE 238
BROKER WHO HAS THE LIEN, THE NAME OF THE OWNER OF THE LIEN 240
PROPERTY, A LEGAL DESCRIPTION OF THE LIEN PROPERTY, THE AMOUNT 241
FOR WHICH THE LIEN IS CLAIMED, THE DATE AND A SUMMARY OF THE 242
WRITTEN CONTRACT ON WHICH THE LIEN IS BASED, AND THE REAL ESTATE 243
LICENSE NUMBER OF THE BROKER. THE LIEN AFFIDAVIT SHALL STATE 244
THAT THE INFORMATION CONTAINED IN THE AFFIDAVIT IS TRUE AND 245
ACCURATE TO THE KNOWLEDGE OF THE SIGNATOR, BE SIGNED BY THE 246
BROKER OR THE BROKER'S AGENT, AND BE VERIFIED.
(b) FOR PURPOSES OF DIVISION (B)(2)(a) OF THIS SECTION, A 249
DESCRIPTION THAT IS SUFFICIENT TO DESCRIBE THE LIEN PROPERTY FOR 250
THE PURPOSE OF CONVEYANCE, OR IS CONTAINED IN THE INSTRUMENT BY 251
WHICH THE OWNER TOOK TITLE, IS A LEGAL DESCRIPTION. 253
(3) A LIEN AFFIDAVIT BASED ON THE CONVEYANCE OF LIEN 255
PROPERTY SHALL BE RECORDED PRIOR TO THE CONVEYANCE OF THE 257
PROPERTY.
(4)(a) A LIEN AFFIDAVIT BASED ON A LEASE OF LIEN PROPERTY 259
SHALL BE RECORDED WITHIN THIRTY DAYS AFTER THE FIRST RENTAL 262
PAYMENT IS DUE UNLESS THE OWNER OF THE LIEN PROPERTY HAS PROVIDED 263
NOTICE PURSUANT TO DIVISION (B)(4)(b) OF THIS SECTION. 264
(b) IF THE OWNER HAS PROVIDED THE BROKER WITH WRITTEN 266
NOTICE OF THE INTENDED DATE FOR SIGNING THE LEASE, WHICH IS 268
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SERVED ON THE BROKER NO LATER THAN TEN DAYS PRIOR TO THE INTENDED 269
DATE OF SIGNING THE LEASE EITHER BY PERSONAL DELIVERY OR BY 272
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THE BROKER SHALL RECORD
THE LIEN AFFIDAVIT BEFORE THAT DATE. 273
(5) ON THE DAY THE LIEN AFFIDAVIT IS RECORDED, THE BROKER 275
SHALL PROVIDE A COPY OF THE LIEN AFFIDAVIT TO THE OWNER OF THE 276
LIEN PROPERTY AND, WHERE A CONTRACT FOR THE SALE OR OTHER 279
CONVEYANCE OF THE LIEN PROPERTY HAS BEEN ENTERED INTO, TO THE
PROSPECTIVE TRANSFEREE, WHERE KNOWN, EITHER BY PERSONAL DELIVERY 281
OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
Sec. 1311.88. (A) TO COMMENCE PROCEEDINGS TO ENFORCE A 283
LIEN, A BROKER SHALL COMPLY WITH ALL OF THE FOLLOWING: 284
(1) THE BROKER SHALL FILE A COMPLAINT IN THE COMMON PLEAS 287
COURT IN THE COUNTY WHERE THE LIEN PROPERTY IS LOCATED. 288
(2)(a) THE COMPLAINT SHALL BE FILED WITHIN ONE YEAR 290
FOLLOWING THE RECORDING OF THE LIEN AFFIDAVIT AS PROVIDED IN 291
DIVISION (B) OF SECTION 1311.87 OF THE REVISED CODE. 292
(b) FAILURE TO FILE A COMPLAINT WITHIN THE TIME SPECIFIED 294
IN THIS DIVISION EXTINGUISHES THE LIEN, IN WHICH CASE NO 295
SUBSEQUENT LIEN AFFIDAVIT MAY BE RECORDED FOR THE SAME CLAIM AND 297
THE CLAIM MAY NOT BE ASSERTED IN ANY PROCEEDING UNDER THIS 298
SECTION.
(3) A COMPLAINT SHALL IDENTIFY THE CONTRACT UPON WHICH THE 300
LIEN IS BASED AND THE DATE OF THE CONTRACT, DESCRIBE THE SERVICES 301
PERFORMED BY THE BROKER PURSUANT TO THE CONTRACT, SPECIFY THE 302
UNPAID AMOUNTS DUE TO THE BROKER PURSUANT TO THE CONTRACT, 303
SPECIFY THE ADDRESS OF THE LIEN PROPERTY, AND HAVE A COPY OF THE 306
CONTRACT ATTACHED.
(4) THE BROKER SHALL NAME AS DEFENDANTS IN THE COMPLAINT 308
ALL PARTIES THAT HAVE A LEGAL OR EQUITABLE INTEREST IN THE LIEN 309
PROPERTY OF WHOM THE BROKER HAS KNOWLEDGE. 310
(B)(1) THE OWNER MAY DEMAND THAT THE BROKER COMMENCE A 313
SUIT TO ENFORCE A BROKER'S LIEN BY SERVING A WRITTEN NOTICE OF
DEMAND ON THE BROKER BY PERSONAL DELIVERY OR BY CERTIFIED MAIL, 316
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RETURN RECEIPT REQUESTED.
(2) IF THE BROKER DOES NOT COMMENCE THE SUIT OR FILE THE 318
ANSWER DEMANDED WITHIN TWENTY-EIGHT DAYS AFTER RECEIPT OF THE 319
NOTICE OF DEMAND, THE LIEN IS EXTINGUISHED. 320
(C) IN AN ACTION BASED ON A BROKER'S LIEN, A COURT MAY 322
ASSESS THE NONPREVAILING PARTIES WITH COSTS AND REASONABLE 324
ATTORNEY'S FEES INCURRED BY THE PREVAILING PARTIES. THE COURT 325
SHALL EQUITABLY APPORTION THE ASSESSED COSTS AND ATTORNEY'S FEES 326
AMONG ALL RESPONSIBLE NONPREVAILING PARTIES. 327
Sec. 1311.89. (A) ALL LIENS CLAIMED UNDER SECTIONS 329
1311.85 TO 1311.93 OF THE REVISED CODE SHALL BE SUBJECT TO 331
SECTION 2323.07 OF THE REVISED CODE UNLESS THE PARTIES AGREE TO 332
PROCEED PURSUANT TO DIVISION (B) OF THIS SECTION. 333
(B) IF THE BROKER AND OWNER AGREE TO ALTERNATIVE DISPUTE 335
RESOLUTION (ADR), THE CLAIM SHALL BE HEARD AND RESOLVED IN THE 336
AGREED UPON ADR FORUM. THE COURT SHALL RETAIN JURISDICTION TO 337
ENTER AND ENFORCE THE AWARD OR OTHER RESULT OF ADR ON ALL 338
INTERESTED PARTIES TO THE FORECLOSURE. 339
Sec. 1311.90. (A) A BROKER SHALL RECORD A WRITTEN RELEASE 341
OR SATISFACTION OF THE BROKER'S LIEN IN THE COUNTY RECORDER'S 342
OFFICE OF THE COUNTY IN WHICH THE LIEN WAS RECORDED WITHIN TEN 344
DAYS AFTER ANY OF THE FOLLOWING:
(1) MONEYS IN AN AMOUNT SUFFICIENT TO RELEASE THE BROKER'S 346
LIEN ESTABLISHED PURSUANT TO SECTION 1311.86 OF THE REVISED CODE 347
HAVE BEEN DEPOSITED IN AN ESCROW ACCOUNT ESTABLISHED PURSUANT TO 348
SECTION 1311.92 OF THE REVISED CODE.
(2) THE OWNER SATISFIES THE CLAIM UPON WHICH THE BROKER'S 350
LIEN IS BASED.
(3) THE BROKER FAILS TO FILE A CLAIM TO ENFORCE A LIEN 352
WITHIN THE TIME SPECIFIED IN SECTION 1311.88 OF THE REVISED CODE. 354
(4) THE CLAIM UPON WHICH THE BROKER'S LIEN IS BASED HAS 356
BEEN RESOLVED BY A WRITTEN AGREEMENT OF THE BROKER AND OWNER, BY 358
A COURT, OR BY ANY PROCESS AGREED TO BY THE BROKER AND OWNER. 359
(B) ON THE DAY THE RELEASE OR SATISFACTION IS RECORDED, 361
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THE BROKER SHALL PROVIDE THE OWNER WITH A COPY OF THE RELEASE OR 363
SATISFACTION BY PERSONAL DELIVERY OR BY CERTIFIED MAIL, RETURN 365
RECEIPT REQUESTED.
Sec. 1311.91. ALL VALID MECHANIC'S LIENS, ARISING PURSUANT 367
TO AND PERFECTED IN ACCORDANCE WITH CHAPTER 1311. OF THE REVISED 368
CODE, AND ALL PRIOR RECORDED LIENS AND MORTGAGES HAVE PRIORITY 369
OVER A BROKER'S LIEN PERFECTED PURSUANT TO SECTION 1311.87 OF THE 370
REVISED CODE.
Sec. 1311.92. (A) EXCEPT AS PROVIDED IN DIVISION (D) OF 372
THIS SECTION, TO ENABLE A TRANSFER OF LIEN PROPERTY TO CLOSE WHEN 373
A BROKER'S PERFECTED LIEN MAY OTHERWISE PREVENT THE CLOSING, A 375
SEPARATE ESCROW ACCOUNT SHALL BE ESTABLISHED BY THE OWNER INTO 376
WHICH MONEYS FROM THE PROCEEDS OF THE CLOSING SHALL BE DEPOSITED 378
IN AN AMOUNT SUFFICIENT TO RELEASE THE BROKER'S LIEN. THE MONEYS 379
SHALL BE HELD IN ESCROW AND SHALL ONLY BE RELEASED AS ORDERED BY 380
A COURT OF COMPETENT JURISDICTION, OR AS DIRECTED BY AGREEMENT OF 381
THE BROKER AND OWNER OR BY ANY PROCESS AGREED TO BY THE BROKER 383
AND OWNER.
(B) AN OWNER MAY NOT REFUSE TO CLOSE A TRANSFER OF LIEN 385
PROPERTY BECAUSE OF THE REQUIREMENT TO ESTABLISH AN ESCROW 387
ACCOUNT UNDER DIVISION (A) OF THIS SECTION. A PROSPECTIVE 388
TRANSFEREE OF LIEN PROPERTY SHALL NOT REFUSE TO CLOSE THE 389
TRANSFER OF THE LIEN PROPERTY SOLELY BECAUSE THE BROKER RECORDED 390
A LIEN AFFIDAVIT UNDER THIS SECTION, IF ALL OF THE FOLLOWING HAVE 391
OCCURRED:
(1) THE OWNER HAS ESTABLISHED THE ESCROW ACCOUNT REQUIRED 393
BY DIVISION (A) OF THIS SECTION; 394
(2) THE PROSPECTIVE TRANSFEREE HAS RECEIVED FROM THE 396
ESCROW AGENT FOR THE ESCROW ACCOUNT REQUIRED BY DIVISION (A) OF 397
THIS SECTION A VERIFIED STATEMENT THAT THE ESCROW ACCOUNT HAS 398
BEEN ESTABLISHED.
(C) WHEN FUNDS HAVE BEEN PLACED IN ESCROW PURSUANT TO 400
DIVISION (A) OF THIS SECTION, THE BROKER CLAIMING A BROKER'S LIEN 401
UNDER THIS SECTION HAS AN EQUITABLE LIEN ON THE ESCROWED FUNDS, 404
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AND THE LIEN RECORDED ON THE LIEN PROPERTY SHALL BE EXTINGUISHED 405
AS A MATTER OF LAW.
(D) THE BROKER AND OWNER ARE NOT REQUIRED TO FOLLOW THE 407
ESCROW PROCEDURES DESCRIBED IN THIS SECTION IF EITHER OF THE 408
FOLLOWING APPLIES: 409
(1) AN ALTERNATIVE PROCEDURE IS AVAILABLE THAT WOULD ALLOW 411
THE TRANSFER OF LIEN PROPERTY TO CLOSE AND THAT PROCEDURE IS 412
ACCEPTABLE TO THE BROKER AND PROSPECTIVE TRANSFEREE. 413
(2) THE PROCEEDS FROM THE TRANSFER OF LIEN PROPERTY WOULD 415
BE INSUFFICIENT TO RELEASE ALL LIENS, INCLUDING THE BROKER'S 417
LIEN, THAT ARE CLAIMED AGAINST THE LIEN PROPERTY. 418
Sec. 1311.93. ANY BROKER THAT ASSERTS OR RECORDS A 420
SPURIOUS OR MATERIALLY INACCURATE BROKER'S LIEN UNDER THIS 421
SECTION OR FAILS TO RELEASE OR ACKNOWLEDGE RELEASE OR 422
SATISFACTION OF A BROKER'S LIEN IN COMPLIANCE WITH THIS SECTION, 423
IS LIABLE FOR DAMAGES INCURRED BY ANY PERSON WHO HAS A LEGAL OR 424
EQUITABLE INTEREST IN THE LIEN PROPERTY. 426
Section 2. That existing section 317.08 of the Revised 428
Code is hereby repealed. 429