REPRESENTATIVES Faber, Grendell

To amend sections 147.55, 5302.05, 5302.07, 5302.09,

1

5302.11, 5302.12, 5302.17, and 5302.22 of the

2

Revised Code to modify the statutory forms of

3

certain real property instruments and to declare an

4

emergency.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 147.55, 5302.05, 5302.07, 5302.09,	6
5302.11, 5302.12, 5302.17, and 5302.22 of the Revised Code be	7
amended to read as follows:	8

Sec. 147.55.  The forms of acknowledgment set forth in this	9
section may be used and are sufficient for their respective	10
purposes under any section of the Revised Code. The forms shall	11
be known as "statutory short forms of acknowledgment" and may be	12
referred to by that name. The authorization of the forms in this	13
section does not preclude the use of other forms.	14

"(A) For an individual acting in histhe individual's own	15
right:	16

"State of ............................

17

County of ...........................

18

The foregoing instrument was executed and acknowledged before	19
me this (date) by (name of person acknowledged.acknowledging	20
under penalty of violating section 2921.13 of the Revised Code).	21

(B) "For a corporation:

25

"State of ............................

26

County of ...........................

27

The foregoing instrument was executed and acknowledged before	28
me this (date) by (name of officer or agent, title of officer or	29
agent) of (name of corporation acknowledging), a (state or place	30
of incorporation) corporation, on behalf of the corporation under	31
penalty of violating section 2921.13 of the Revised Code.	32

(C) "For a partnership:

36

"State of ............................

37

County of ...........................

38

The foregoing instrument was executed and acknowledged before	39
me this (date) by (name of acknowledging partner or agent),	40
partner (or agent) on behalf of (name of partnership), a	41
partnership under penalty of violating section 2921.13 of the	42
Revised Code.	43

(D) "For an individual acting as principal by an attorney in	47
fact:	48

"State of ............................

49

County of ...........................

50

The foregoing instrument was executed and acknowledged before	51
me this (date) by (name of attorney in fact) as attorney in fact	52
on behalf of (name of principal) under penalty of violating	53
section 2921.13 of the Revised Code.	54

(E) "By any public officer, trustee, or personal	58
representative:	59

"State of ............................

60

County of ...........................

61

The foregoing instrument was executed and acknowledged before	62
me this (date) by (name and title of position) under penalty of	63
violating section 2921.13 of the Revised Code.	64

Sec. 5302.05.  A deed in substance following the form set	68
forth in this section, when duly executed in accordance with	69
Chapter 5301. of the Revised Code, has the force and effect of a	70
deed in fee simple to the grantee, the grantee's heirs, assigns,	71
and successors, to the grantee's and the grantee's heirs',	72
assigns', and successors' own use, with covenants on the part of	73
the grantor with the grantee, the grantee's heirs, assigns, and	74
successors, that, at the time of the delivery of that deed the	75
grantor was lawfully seized in fee simple of the granted premises,	76
that the granted premises were free from all encumbrances, that	77
the grantor had good right to sell and convey the same to the	78
grantee and the grantee's heirs, assigns, and successors, and	79
that the grantor does warrant and will defend the same to the	80
grantee and the grantee's heirs, assigns, and successors,	81
forever, against the lawful claims and demands of all persons.	82

"GENERAL WARRANTY DEED

83

........... (marital status), of ........... County,	84
.............. for valuable consideration paid, grant(s), with	85
general warranty covenants, to ............., whose tax-mailing	86
address is .................., the following real property:	87

(description of land or interest therein and encumbrances,	88
reservations, and exceptions, if any)	89

..............., wife (husband) of the grantor, releases all	91
rights of dower therein.	92

Executed before me onthis ............... day of	93
............... by ...................., who, under penalty of	94
perjury in violation of section 2921.11 of the Revised Code,	95
represented to me to be said person.	96

(Execution in accordance with Chapter 5301. of the Revised	100
Code)"	101

Sec. 5302.07.  A deed in substance following the form set	102
forth in this section, when duly executed in accordance with	103
Chapter 5301. of the Revised Code, has the force and effect of a	104
deed in fee simple to the grantee, the grantee's heirs, assigns,	105
and successors, to the grantee's and the grantee's heirs',	106
assigns', and successors' own use, with covenants on the part of	107
the grantor with the grantee, the grantee's heirs, assigns, and	108
successors, that, at the time of the delivery of that deed the	109
premises were free from all encumbrances made by the grantor, and	110
that the grantor does warrant and will defend the same to the	111
grantee and the grantee's heirs, assigns, and successors,	112
forever, against the lawful claims and demands of all persons	113
claiming by, through, or under the grantor, but against none	114
other.	115

"LIMITED WARRANTY DEED

116

.......... (marital status), of ............ County,	117
............. for valuable consideration paid, grant(s), with	118
limited warranty covenants, to ..........., whose tax-mailing	119
address is ..........., the following real property:	120

(description of land or interest therein and encumbrances,	121
reservations, and exceptions, if any)	122

..........., wife (husband) of said grantor, releases to said	124
grantee all rights of dower therein.	125

Executed before me onthis ............... day of	126
............... by ...................., who, under penalty of	127
perjury in violation of section 2921.11 of the Revised Code,	128
represented to me to be said person.	129

(Execution in accordance with Chapter 5301. of the Revised	133
Code)"	134

Sec. 5302.09.  A deed in substance following the form set	135
forth in this section, when duly executed in accordance with	136
Chapter 5301. of the Revised Code, has the force and effect of a	137
deed in fee simple to the grantee, the grantee's heirs, assigns,	138
and successors, to the grantee's and the grantee's heirs',	139
assigns', and successors' own use, with covenants on the part of	140
the grantor with the grantee, the grantee's heirs, assigns, and	141
successors, that, at the time of the delivery of that deed, the	142
grantor was duly appointed, qualified, and acting in the fiduciary	143
capacity described in that deed, and was duly authorized to make	144
the sale and conveyance of the premises; that in all of the	145
grantor's proceedings in the sale of the premises the grantor has	146
complied with the requirements of the statutes in such case	147
provided.	148

"DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE,

149

GUARDIAN, RECEIVER, OR COMMISSIONER

150

.........., executor of the will of ................,	151
(administrator of the estate of ........) (trustee under .......)	152
(guardian of ........) (receiver of ........) (commissioner), by	153
the power conferred by .........., and every other power, for	154
........ dollars paid, grants, with fiduciary covenants, to	155
.........., whose tax-mailing address is ........., the following	156
real property:	157

(description of land or interest therein and encumbrances,	158
reservations, and exceptions, if any)	159

Executed before me onthis ............... day of	161
............... by ...................., who, under penalty of	162
perjury in violation of section 2921.11 of the Revised Code,	163
represented to me to be said person.	164

(Execution in accordance with Chapter 5301. of the Revised	168
Code)"	169

Sec. 5302.11.  A deed in substance following the form set	170
forth in this section, when duly executed in accordance with	171
Chapter 5301. of the Revised Code, has the force and effect of a	172
deed in fee simple to the grantee, the grantee's heirs, assigns,	173
and successors, and to the grantee's and the grantee's heirs',	174
assigns', and successors' own use, but without covenants of any	175
kind on the part of the grantor.	176

"QUIT-CLAIM DEED

177

............... (marital status), of .......... County,	178
..................... for valuable consideration paid, grant(s) to	179
.................., whose tax-mailing address is .........., the	180
following real property:	181

(description of land or interest therein and encumbrances,	182
reservations, and exceptions, if any)	183

Prior Instrument Reference:  Volume ......., Page ......

184

..............., wife (husband) of the grantor, releases all	185
rights of dower therein.	186

Executed before me onthis ............... day of	187
............... by ...................., who, under penalty of	188
perjury in violation of section 2921.11 of the Revised Code,	189
represented to me to be said person.	190

(Execution in accordance with Chapter 5301. of the Revised	194
Code)"	195

Sec. 5302.12.  A mortgage in substance following the form set	196
forth in this section, when duly executed in accordance with	197
Chapter 5301. of the Revised Code, has the force and effect of a	198
mortgage to the use of the mortgagee and the mortgagee's heirs,	199
assigns, and successors, with mortgage covenants and upon the	200
statutory condition, as defined in sections 5302.13 and 5302.14 of	201
the Revised Code, to secure the payment of the money or the	202
performance of any obligation specified in the mortgage. The	203
parties may insert in the mortgage any other lawful agreement or	204
condition.	205

"MORTGAGE

206

........................, .................... (marital status),	207
of ................ (current mailing address), for ..........	208
Dollars paid, grant(s), with mortgage covenants, to ............,	209
of .................. (current mailing address), the following	210
real property:	211

(Description of land or interest in land and encumbrances,	212
reservations, and exceptions, if any.)	213

(A reference to the last recorded instrument through which	214
the mortgagor claims title. The omission of the reference shall	215
not affect the validity of the mortgage.)	216

This mortgage is given, upon the statutory condition, to	217
secure the payment of ................. dollars with interest as	218
provided in a note of the same date.	219

"Statutory condition" is defined in section 5302.14 of the	220
Revised Code and provides generally that, if the mortgagor pays	221
the principal and interest secured by this mortgage, performs the	222
other obligations secured by this mortgage and the conditions of	223
any prior mortgage, pays all the taxes and assessments, maintains	224
insurance against fire and other hazards, and does not commit or	225
suffer waste, then this mortgage shall be void.	226

..................., wife (husband) of the mortgagor,	227
releases to the mortgagee all rights of dower in the described	228
real property.	229

Executed before me onthis ............... day of	230
............... by ...................., who, under penalty of	231
perjury in violation of section 2921.11 of the Revised Code,	232
represented to me to be said person.	233

(Execution in accordance with Chapter 5301. of the Revised	237
Code)"	238

Sec. 5302.17.  A deed conveying any interest in real property	239
to two or more persons, and in substance following the form set	240
forth in this section, when duly executed in accordance with	241
Chapter 5301. of the Revised Code, creates a survivorship tenancy	242
in the grantees, and upon the death of any of the grantees, vests	243
the interest of the decedent in the survivor, survivors, or the	244
survivor's or survivors' separate heirs and assigns.	245

"SURVIVORSHIP DEED

246

............... (marital status), of .................... County,	247
......................... for valuable consideration paid,	248
grant(s), (covenants, if any), to .........................	249
(marital status) and ................... (marital status), for	250
their joint lives, remainder to the survivor of them, whose	251
tax-mailing addresses are ............, the following real	252
property:	253

(description of land or interest therein and encumbrances,	254
reservations, and exceptions, if any)	255

Prior Instrument Reference: ............................

256

..............., wife (husband) of the grantor, releases all	257
rights of dower therein.	258

Executed before me onthis ............... day of	259
............... by ...................., who, under penalty of	260
perjury in violation of section 2921.11 of the Revised Code,	261
represented to me to be said person.	262

(Execution in accordance with Chapter 5301. of the Revised	266
Code)"	267

Any persons who are the sole owners of real property, prior	268
to April 4, 1985, as tenants with a right of survivorship under	269
the common or statutory law of this state or as tenants in common	270
may create in themselves and in any other person or persons a	271
survivorship tenancy in the real property by executing a deed as	272
provided in this section conveying their entire, separate	273
interests in the real property to themselves and to the other	274
person or persons.	275

Except as otherwise provided in this section, when a person	276
holding real property as a survivorship tenant dies, the transfer	277
of the interest of the decedent may be recorded by presenting to	278
the county auditor and filing with the county recorder either a	279
certificate of transfer as provided in section 2113.61 of the	280
Revised Code, or an affidavit accompanied by a certified copy of a	281
death certificate. The affidavit shall recite the names of the	282
other survivorship tenant or tenants, the address of the other	283
survivorship tenant or tenants, the date of death of the decedent,	284
and a description of the real property. The county recorder shall	285
make index reference to any certificate or affidavit so filed in	286
the record of deeds. When a person holding real property as a	287
survivorship tenant dies and the title to the property is	288
registered pursuant to Chapter 5309. of the Revised Code, the	289
procedure for the transfer of the interest of the decedent shall	290
be pursuant to section 5309.081 of the Revised Code.	291

Sec. 5302.22.  (A) A deed conveying any interest in real	292
property, and in substance following the form set forth in this	293
division, when duly executed in accordance with Chapter 5301. of	294
the Revised Code and recorded in the office of the county	295
recorder, creates a present interest as sole owner or as a tenant	296
in common in the grantee and creates a transfer on death interest	297
in the beneficiary or beneficiaries. Upon the death of the	298
grantee, the deed vests the interest of the decedent in the	299
beneficiary or beneficiaries. The deed described in this division	300
shall in substance conform to the following form:	301

"Transfer on Death Deed

302

.................... (marital status), of ........... County,	303
.................... (for valuable consideration paid, if any),	304
grant(s) (with covenants, if any), to .................... whose	305
tax mailing address is ...................., transfer on death to	306
...................., beneficiary(s), the following real property:	307

(Description of land or interest in land and encumbrances,	308
reservations, and exceptions, if any.)	309

Prior Instrument Reference: ................................

310

...................., wife (husband) of the grantor, releases all	311
rights of dower therein.	312

Executed before me onthis ............... day of	313
............... by ...................., who, under penalty of	314
perjury in violation of section 2921.11 of the Revised Code,	315
represented to me to be said person.	316

(Execution in accordance with Chapter 5301. of the Revised	320
Code)"	321

(B) Any person who, under the Revised Code or the common law	322
of this state, owns real property or any interest in real property	323
as a sole owner or as a tenant in common may create an interest in	324
the real property transferable on death by executing and recording	325
a deed as provided in this section conveying the person's entire,	326
separate interest in the real property to one or more individuals,	327
including the grantor, and designating one or more other persons,	328
identified in the deed by name, as transfer on death	329
beneficiaries.	330

A deed conveying an interest in real property that includes a	331
transfer on death beneficiary designation need not be supported by	332
consideration and need not be delivered to the transfer on death	333
beneficiary to be effective.	334

(C) Upon the death of any individual who owns real property	335
or an interest in real property that is subject to a transfer on	336
death beneficiary designation made under a transfer on death deed	337
as provided in this section, the deceased owner's interest shall	338
be transferred only to the transfer on death beneficiaries who are	339
identified in the deed by name and who survive the deceased owner	340
or that are in existence on the date of death of the deceased	341
owner. The transfer of the deceased owner's interest shall be	342
recorded by presenting to the county auditor and filing with the	343
county recorder an affidavit, accompanied by a certified copy of a	344
death certificate for the deceased owner. The affidavit shall	345
recite the name and address of each designated transfer on death	346
beneficiary who survived the deceased owner or that is in	347
existence on the date of the deceased owner's death, the date of	348
the deceased owner's death, a description of the subject real	349
property or interest in real property, and the names of each	350
designated transfer on death beneficiary who has not survived the	351
deceased owner or that is not in existence on the date of the	352
deceased owner's death. The affidavit shall be accompanied by a	353
certified copy of a death certificate for each designated transfer	354
on death beneficiary who has not survived the deceased owner. The	355
county recorder shall make an index reference to any affidavit so	356
filed in the record of deeds.	357

Upon the death of any individual holding real property or an	358
interest in real property that is subject to a transfer on death	359
beneficiary designation made under a transfer on death deed as	360
provided in this section, if the title to the real property is	361
registered pursuant to Chapter 5309. of the Revised Code, the	362
procedure for the transfer of the interest of the deceased owner	363
shall be pursuant to section 5309.081 of the Revised Code.	364

Section 2. That sections 147.55, 5302.05, 5302.07, 5302.09,	365
5302.11, 5302.12, 5302.17, and 5302.22 of the Revised Code are	366
hereby repealed.	367

Section 3. This act is hereby declared to be an emergency	368
measure necessary for the immediate preservation of the public	369
peace, health, and safety. The reason for such necessity is to	370
preclude any potential confusion that may arise from an	371
interpretation of the amendments made to sections 5302.05,	372
5302.07, 5302.09, 5302.11, 5302.12, 5302.17, and 5302.22 of the	373
Revised Code by Sub. H.B. 279 of the 124th General Assembly, which	374
goes into effect on February 1, 2002. Therefore, this act shall go	375
into immediate effect.	376