REPRESENTATIVES Faber, Grendell, Willamowski, Seitz, Manning, Womer Benjamin

To amend sections 5302.05, 5302.07, 5302.09, 5302.11,

1

5302.12, 5302.17, and 5302.22 of the Revised Code

2

to modify the statutory forms of certain real

3

property instruments and to declare an emergency.

4

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

Section 1. That sections 5302.05, 5302.07, 5302.09, 5302.11,	5
5302.12, 5302.17, and 5302.22 of the Revised Code be amended to	6
read as follows:	7

Sec. 5302.05.  A deed in substance following the form set	8
forth in this section, when duly executed in accordance with	9
Chapter 5301. of the Revised Code, has the force and effect of a	10
deed in fee simple to the grantee, the grantee's heirs, assigns,	11
and successors, to the grantee's and the grantee's heirs',	12
assigns', and successors' own use, with covenants on the part of	13
the grantor with the grantee, the grantee's heirs, assigns, and	14
successors, that, at the time of the delivery of that deed the	15
grantor was lawfully seized in fee simple of the granted premises,	16
that the granted premises were free from all encumbrances, that	17
the grantor had good right to sell and convey the same to the	18
grantee and the grantee's heirs, assigns, and successors, and	19
that the grantor does warrant and will defend the same to the	20
grantee and the grantee's heirs, assigns, and successors,	21
forever, against the lawful claims and demands of all persons.	22

"GENERAL WARRANTY DEED

23

........... (marital status), of ........... County,	24
.............. for valuable consideration paid, grant(s), with	25
general warranty covenants, to ............., whose tax-mailing	26
address is .................., the following real property:	27

(description of land or interest therein and encumbrances,	28
reservations, and exceptions, if any)	29

..............., wife (husband) of the grantor, releases all	31
rights of dower therein.	32

Executed before me onthis ............... day of	33
............... by ...................., who, under penalty of	34
perjury in violation of section 2921.11 of the Revised Code,	35
represented to me to be said person.	36

(Execution in accordance with Chapter 5301. of the Revised	40
Code)"	41

Sec. 5302.07.  A deed in substance following the form set	42
forth in this section, when duly executed in accordance with	43
Chapter 5301. of the Revised Code, has the force and effect of a	44
deed in fee simple to the grantee, the grantee's heirs, assigns,	45
and successors, to the grantee's and the grantee's heirs',	46
assigns', and successors' own use, with covenants on the part of	47
the grantor with the grantee, the grantee's heirs, assigns, and	48
successors, that, at the time of the delivery of that deed the	49
premises were free from all encumbrances made by the grantor, and	50
that the grantor does warrant and will defend the same to the	51
grantee and the grantee's heirs, assigns, and successors,	52
forever, against the lawful claims and demands of all persons	53
claiming by, through, or under the grantor, but against none	54
other.	55

"LIMITED WARRANTY DEED

56

.......... (marital status), of ............ County,	57
............. for valuable consideration paid, grant(s), with	58
limited warranty covenants, to ..........., whose tax-mailing	59
address is ..........., the following real property:	60

(description of land or interest therein and encumbrances,	61
reservations, and exceptions, if any)	62

..........., wife (husband) of said grantor, releases to said	64
grantee all rights of dower therein.	65

Executed before me onthis ............... day of	66
............... by ...................., who, under penalty of	67
perjury in violation of section 2921.11 of the Revised Code,	68
represented to me to be said person.	69

(Execution in accordance with Chapter 5301. of the Revised	73
Code)"	74

Sec. 5302.09.  A deed in substance following the form set	75
forth in this section, when duly executed in accordance with	76
Chapter 5301. of the Revised Code, has the force and effect of a	77
deed in fee simple to the grantee, the grantee's heirs, assigns,	78
and successors, to the grantee's and the grantee's heirs',	79
assigns', and successors' own use, with covenants on the part of	80
the grantor with the grantee, the grantee's heirs, assigns, and	81
successors, that, at the time of the delivery of that deed, the	82
grantor was duly appointed, qualified, and acting in the fiduciary	83
capacity described in that deed, and was duly authorized to make	84
the sale and conveyance of the premises; that in all of the	85
grantor's proceedings in the sale of the premises the grantor has	86
complied with the requirements of the statutes in such case	87
provided.	88

"DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE,

89

GUARDIAN, RECEIVER, OR COMMISSIONER

90

.........., executor of the will of ................,	91
(administrator of the estate of ........) (trustee under .......)	92
(guardian of ........) (receiver of ........) (commissioner), by	93
the power conferred by .........., and every other power, for	94
........ dollars paid, grants, with fiduciary covenants, to	95
.........., whose tax-mailing address is ........., the following	96
real property:	97

(description of land or interest therein and encumbrances,	98
reservations, and exceptions, if any)	99

Executed before me onthis ............... day of	101
............... by ...................., who, under penalty of	102
perjury in violation of section 2921.11 of the Revised Code,	103
represented to me to be said person.	104

(Execution in accordance with Chapter 5301. of the Revised	108
Code)"	109

Sec. 5302.11.  A deed in substance following the form set	110
forth in this section, when duly executed in accordance with	111
Chapter 5301. of the Revised Code, has the force and effect of a	112
deed in fee simple to the grantee, the grantee's heirs, assigns,	113
and successors, and to the grantee's and the grantee's heirs',	114
assigns', and successors' own use, but without covenants of any	115
kind on the part of the grantor.	116

"QUIT-CLAIM DEED

117

............... (marital status), of .......... County,	118
..................... for valuable consideration paid, grant(s) to	119
.................., whose tax-mailing address is .........., the	120
following real property:	121

(description of land or interest therein and encumbrances,	122
reservations, and exceptions, if any)	123

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

124

..............., wife (husband) of the grantor, releases all	125
rights of dower therein.	126

Executed before me onthis ............... day of	127
............... by ...................., who, under penalty of	128
perjury in violation of section 2921.11 of the Revised Code,	129
represented to me to be said person.	130

(Execution in accordance with Chapter 5301. of the Revised	134
Code)"	135

Sec. 5302.12.  A mortgage in substance following the form set	136
forth in this section, when duly executed in accordance with	137
Chapter 5301. of the Revised Code, has the force and effect of a	138
mortgage to the use of the mortgagee and the mortgagee's heirs,	139
assigns, and successors, with mortgage covenants and upon the	140
statutory condition, as defined in sections 5302.13 and 5302.14 of	141
the Revised Code, to secure the payment of the money or the	142
performance of any obligation specified in the mortgage. The	143
parties may insert in the mortgage any other lawful agreement or	144
condition.	145

"MORTGAGE

146

........................, .................... (marital status),	147
of ................ (current mailing address), for ..........	148
Dollars paid, grant(s), with mortgage covenants, to ............,	149
of .................. (current mailing address), the following	150
real property:	151

(Description of land or interest in land and encumbrances,	152
reservations, and exceptions, if any.)	153

(A reference to the last recorded instrument through which	154
the mortgagor claims title. The omission of the reference shall	155
not affect the validity of the mortgage.)	156

This mortgage is given, upon the statutory condition, to	157
secure the payment of ................. dollars with interest as	158
provided in a note of the same date.	159

"Statutory condition" is defined in section 5302.14 of the	160
Revised Code and provides generally that, if the mortgagor pays	161
the principal and interest secured by this mortgage, performs the	162
other obligations secured by this mortgage and the conditions of	163
any prior mortgage, pays all the taxes and assessments, maintains	164
insurance against fire and other hazards, and does not commit or	165
suffer waste, then this mortgage shall be void.	166

..................., wife (husband) of the mortgagor,	167
releases to the mortgagee all rights of dower in the described	168
real property.	169

Executed before me onthis ............... day of	170
............... by ...................., who, under penalty of	171
perjury in violation of section 2921.11 of the Revised Code,	172
represented to me to be said person.	173

(Execution in accordance with Chapter 5301. of the Revised	177
Code)"	178

Sec. 5302.17.  A deed conveying any interest in real property	179
to two or more persons, and in substance following the form set	180
forth in this section, when duly executed in accordance with	181
Chapter 5301. of the Revised Code, creates a survivorship tenancy	182
in the grantees, and upon the death of any of the grantees, vests	183
the interest of the decedent in the survivor, survivors, or the	184
survivor's or survivors' separate heirs and assigns.	185

"SURVIVORSHIP DEED

186

............... (marital status), of .................... County,	187
......................... for valuable consideration paid,	188
grant(s), (covenants, if any), to .........................	189
(marital status) and ................... (marital status), for	190
their joint lives, remainder to the survivor of them, whose	191
tax-mailing addresses are ............, the following real	192
property:	193

(description of land or interest therein and encumbrances,	194
reservations, and exceptions, if any)	195

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

196

..............., wife (husband) of the grantor, releases all	197
rights of dower therein.	198

Executed before me onthis ............... day of	199
............... by ...................., who, under penalty of	200
perjury in violation of section 2921.11 of the Revised Code,	201
represented to me to be said person.	202

(Execution in accordance with Chapter 5301. of the Revised	206
Code)"	207

Any persons who are the sole owners of real property, prior	208
to April 4, 1985, as tenants with a right of survivorship under	209
the common or statutory law of this state or as tenants in common	210
may create in themselves and in any other person or persons a	211
survivorship tenancy in the real property by executing a deed as	212
provided in this section conveying their entire, separate	213
interests in the real property to themselves and to the other	214
person or persons.	215

Except as otherwise provided in this section, when a person	216
holding real property as a survivorship tenant dies, the transfer	217
of the interest of the decedent may be recorded by presenting to	218
the county auditor and filing with the county recorder either a	219
certificate of transfer as provided in section 2113.61 of the	220
Revised Code, or an affidavit accompanied by a certified copy of a	221
death certificate. The affidavit shall recite the names of the	222
other survivorship tenant or tenants, the address of the other	223
survivorship tenant or tenants, the date of death of the decedent,	224
and a description of the real property. The county recorder shall	225
make index reference to any certificate or affidavit so filed in	226
the record of deeds. When a person holding real property as a	227
survivorship tenant dies and the title to the property is	228
registered pursuant to Chapter 5309. of the Revised Code, the	229
procedure for the transfer of the interest of the decedent shall	230
be pursuant to section 5309.081 of the Revised Code.	231

Sec. 5302.22.  (A) A deed conveying any interest in real	232
property, and in substance following the form set forth in this	233
division, when duly executed in accordance with Chapter 5301. of	234
the Revised Code and recorded in the office of the county	235
recorder, creates a present interest as sole owner or as a tenant	236
in common in the grantee and creates a transfer on death interest	237
in the beneficiary or beneficiaries. Upon the death of the	238
grantee, the deed vests the interest of the decedent in the	239
beneficiary or beneficiaries. The deed described in this division	240
shall in substance conform to the following form:	241

"Transfer on Death Deed

242

.................... (marital status), of ........... County,	243
.................... (for valuable consideration paid, if any),	244
grant(s) (with covenants, if any), to .................... whose	245
tax mailing address is ...................., transfer on death to	246
...................., beneficiary(s), the following real property:	247

(Description of land or interest in land and encumbrances,	248
reservations, and exceptions, if any.)	249

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

250

...................., wife (husband) of the grantor, releases all	251
rights of dower therein.	252

Executed before me onthis ............... day of	253
............... by ...................., who, under penalty of	254
perjury in violation of section 2921.11 of the Revised Code,	255
represented to me to be said person.	256

(Execution in accordance with Chapter 5301. of the Revised	260
Code)"	261

(B) Any person who, under the Revised Code or the common law	262
of this state, owns real property or any interest in real property	263
as a sole owner or as a tenant in common may create an interest in	264
the real property transferable on death by executing and recording	265
a deed as provided in this section conveying the person's entire,	266
separate interest in the real property to one or more individuals,	267
including the grantor, and designating one or more other persons,	268
identified in the deed by name, as transfer on death	269
beneficiaries.	270

A deed conveying an interest in real property that includes a	271
transfer on death beneficiary designation need not be supported by	272
consideration and need not be delivered to the transfer on death	273
beneficiary to be effective.	274

(C) Upon the death of any individual who owns real property	275
or an interest in real property that is subject to a transfer on	276
death beneficiary designation made under a transfer on death deed	277
as provided in this section, the deceased owner's interest shall	278
be transferred only to the transfer on death beneficiaries who are	279
identified in the deed by name and who survive the deceased owner	280
or that are in existence on the date of death of the deceased	281
owner. The transfer of the deceased owner's interest shall be	282
recorded by presenting to the county auditor and filing with the	283
county recorder an affidavit, accompanied by a certified copy of a	284
death certificate for the deceased owner. The affidavit shall	285
recite the name and address of each designated transfer on death	286
beneficiary who survived the deceased owner or that is in	287
existence on the date of the deceased owner's death, the date of	288
the deceased owner's death, a description of the subject real	289
property or interest in real property, and the names of each	290
designated transfer on death beneficiary who has not survived the	291
deceased owner or that is not in existence on the date of the	292
deceased owner's death. The affidavit shall be accompanied by a	293
certified copy of a death certificate for each designated transfer	294
on death beneficiary who has not survived the deceased owner. The	295
county recorder shall make an index reference to any affidavit so	296
filed in the record of deeds.	297

Upon the death of any individual holding real property or an	298
interest in real property that is subject to a transfer on death	299
beneficiary designation made under a transfer on death deed as	300
provided in this section, if the title to the real property is	301
registered pursuant to Chapter 5309. of the Revised Code, the	302
procedure for the transfer of the interest of the deceased owner	303
shall be pursuant to section 5309.081 of the Revised Code.	304

Section 2. That sections 5302.05, 5302.07, 5302.09, 5302.11,	305
5302.12, 5302.17, and 5302.22 of the Revised Code are hereby	306
repealed.	307

Section 3. This act is hereby declared to be an emergency	308
measure necessary for the immediate preservation of the public	309
peace, health, and safety. The reason for such necessity is to	310
preclude any potential confusion that may arise from an	311
interpretation of the amendments made to sections 5302.05,	312
5302.07, 5302.09, 5302.11, 5302.12, 5302.17, and 5302.22 of the	313
Revised Code by Sub. H.B. 279 of the 124th General Assembly, which	314
goes into effect on February 1, 2002. Therefore, this act shall go	315
into immediate effect.	316