(1) A record of deeds, in which shall be recorded all deeds | 16 |
and other instruments of writing for the absolute and | 17 |
unconditional sale or conveyance of lands, tenements, and | 18 |
hereditaments; all notices as provided in sections 5301.47 to | 19 |
5301.56 of the Revised Code; all judgments or decrees in actions | 20 |
brought under section 5303.01 of the Revised Code; all | 21 |
declarations and bylaws, and all amendments to declarations and | 22 |
bylaws, as provided in Chapter 5311. of the Revised Code; | 23 |
affidavits as provided in sections 5301.252 and 5301.56 of the | 24 |
Revised Code; all certificates as provided in section 5311.17 of | 25 |
the Revised Code; all articles dedicating archaeological preserves | 26 |
accepted by the director of the Ohio historical society under | 27 |
section 149.52 of the Revised Code; all articles dedicating nature | 28 |
preserves accepted by the director of natural resources under | 29 |
section 1517.05 of the Revised Code; all conveyances of | 30 |
conservation easements and agricultural easements under section | 31 |
5301.68 of the Revised Code; all instruments extinguishing | 32 |
agricultural easements under section 901.21 or 5301.691 of the | 33 |
Revised Code or pursuant to terms of such an easement granted to a | 34 |
charitable organization under section 5301.68 of the Revised Code; | 35 |
all instruments or orders described in division (B)(2)(b) of | 36 |
section 5301.56 of the Revised Code; all no further action letters | 37 |
issued under section 122.654 or 3746.11 of the Revised Code; all | 38 |
covenants not to sue issued under section 3746.12 of the Revised | 39 |
Code, including all covenants not to sue issued pursuant to | 40 |
section 122.654 of the Revised Code; any restrictions on the use | 41 |
of property contained in a no further action letter issued under | 42 |
section 122.654 of the Revised Code, any restrictions on the use | 43 |
of property identified pursuant to division (C)(3)(a) of section | 44 |
3746.10 of the Revised Code, and any restrictions on the use of | 45 |
property contained in a deed or other instrument as provided in | 46 |
division (E) or (F) of section 3737.882 of the Revised Code; any | 47 |
easement executed or granted under section 3734.22, 3734.24, | 48 |
3734.25, or 3734.26 of the Revised Code; any environmental | 49 |
covenant entered into in accordance with sections 5301.80 to | 50 |
5301.92 of the Revised Code; all memoranda of trust, as described | 51 |
in division (A) of section 5301.255 of the Revised Code, that | 52 |
describe specific real property; and all agreements entered into | 53 |
under division (A) of section 1506.44 of the Revised Code; | 54 |
(4) A record of plats, in which shall be recorded all plats | 76 |
and maps of town lots, of the subdivision of town lots, and of | 77 |
other divisions or surveys of lands, any center line survey of a | 78 |
highway located within the county, the plat of which shall be | 79 |
furnished by the director of transportation or county engineer, | 80 |
and all drawings and amendments to drawings, as provided in | 81 |
Chapter 5311. of the Revised Code; | 82 |
(B) All instruments or memoranda of instruments entitled to | 91 |
record shall be recorded in the proper record in the order in | 92 |
which they are presented for record. The recorder may index, keep, | 93 |
and record in one volume unemployment compensation liens, internal | 94 |
revenue tax liens and other liens in favor of the United States as | 95 |
described in division (A) of section 317.09 of the Revised Code, | 96 |
personal tax liens, mechanic's liens, agricultural product liens, | 97 |
notices of liens, certificates of satisfaction or partial release | 98 |
of estate tax liens, discharges of recognizances, excise and | 99 |
franchise tax liens on corporations, broker's liens, and liens | 100 |
provided for in sections 1513.33, 1513.37, 3752.13, 5164.56, and | 101 |
5311.18 of the Revised Code. | 102 |
(C) In lieu of keeping the six separate sets of records | 108 |
required in divisions (A)(1) to (6) of this section and the | 109 |
records required in divisions (D) and (E) of this section, a | 110 |
county recorder may record all the instruments required to be | 111 |
recorded by this section in two separate sets of record books. One | 112 |
set shall be called the "official records" and shall contain the | 113 |
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and | 114 |
(D) and (E) of this section. The second set of records shall | 115 |
contain the instruments listed in division (A)(4) of this section. | 116 |
(E)(1) The county recorder shall keep a separate set of | 123 |
records containing all transfers, conveyances, or assignments of | 124 |
any type of tangible or intangible personal property or any rights | 125 |
or interests in that property if and to the extent that any person | 126 |
wishes to record that personal property transaction and if the | 127 |
applicable instrument is acknowledged before a notary public. If | 128 |
the transferor is a natural person, the notice of personal | 129 |
property transfer shall be recorded in the county in this state in | 130 |
which the transferor maintains the transferor's principal | 131 |
residence. If the transferor is not a natural person, the notice | 132 |
of personal property transfer shall be recorded in the county in | 133 |
this state in which the transferor maintains its principal place | 134 |
of business. If the transferor does not maintain a principal | 135 |
residence or a principal place of business in this state and the | 136 |
transfer is to a trustee of a legacy trust formed pursuant to | 137 |
Chapter 5816. of the Revised Code, the notice of personal property | 138 |
transfer shall be recorded in the county in this state where that | 139 |
trustee maintains a principal residence or principal place of | 140 |
business. In all other instances, the notice of personal property | 141 |
transfer shall be recorded in the county in this state where the | 142 |
property described in the notice is located. | 143 |
Sec. 2715.21. (A) The receiver appointed under section | 159 |
2715.20 of the Revised Code shall take possession of all notes, | 160 |
due bills, books of account, accounts, and other evidences of | 161 |
debt, that have been taken by the levying officer as the property | 162 |
of the defendant in attachment, and proceed to settle and collect | 163 |
them. For that purpose, the receiver may commence and maintain | 164 |
actions in histhe receiver's own name, as receiver, but no right | 165 |
of defense thereinin the action shall be impaired or affected. | 166 |
(A)(1) In an action by a vendor to vacate a fraudulent | 176 |
purchase of property, or by a creditor to subject property or a | 177 |
fund to histhe creditor's claim, or between partners or others | 178 |
jointly owning or interested in any property or fund, on the | 179 |
application of the plaintiff, or of a party whose right to or | 180 |
interest in the property or fund, or the proceeds thereofof the | 181 |
property or fund, is probable, and when it is shown that the | 182 |
property or fund is in danger of being lost, removed, or | 183 |
materially injured; | 184 |
(B)(2) In an action by a mortgagee, for the foreclosure of | 185 |
histhe mortgagee's mortgage and sale of the mortgagemortgaged | 186 |
property, when it appears that the mortgaged property is in danger | 187 |
of being lost, removed, or materially injured, diminished in | 188 |
value, or squandered, or that the condition of the mortgage has | 189 |
not been performed, and theeither of the following applies: | 190 |
(E)(6) When a corporation, limited liability company, | 202 |
partnership, limited partnership, or other entity has been | 203 |
dissolved, or is insolvent, oris in imminent danger of | 204 |
insolvency, or has forfeited its corporate, limited liability | 205 |
company, partnership, limited partnership, or other entity rights; | 206 |
Sec. 2735.02. No party, attorney for a party, or person | 223 |
interested in an action shall be appointed receiver thereinin the | 224 |
action except by consent of all of the parties to the action and | 225 |
all other persons holding a recorded ownership interest in or a | 226 |
recorded or filed lien on the property that is subject to the | 227 |
action. No person except a resident of this state shall be | 228 |
appointed or act as receiver of a
railroad or other corporation | 229 |
within, partnership, limited liability company, or other entity | 230 |
created under the laws of this state. In selecting a receiver, | 231 |
priority consideration shall be afforded to any of the qualified | 232 |
persons nominated by the party seeking the receivership. No | 233 |
nomination of qualified persons for the receivership is binding | 234 |
upon the court. | 235 |
(C) Any funds that are expended by or on behalf of the | 262 |
receiver, including receivership fees, fees for professionals | 263 |
assisting the receivership, and those expended in entering into or | 264 |
performing contracts under division (B)(4) of this section, | 265 |
including those for the completion of construction work authorized | 266 |
by the court, shall be taxed as court costs or otherwise treated | 267 |
as an administrative expense of the action. The court may require | 268 |
an additional deposit to cover funds that would be expended by the | 269 |
receiver under a contract entered into under division (B)(4) of | 270 |
this section only from the parties that have requested or | 271 |
expressly consented to the receiver incurring those expenses. | 272 |
(D)(1)(a) Subject to the approval and supervision of the | 273 |
court and the requirements of this section, a receiver may sell | 274 |
property free and clear of liens by private sale pursuant to a | 275 |
written contract between the receiver and the prospective | 276 |
purchaser, by private auction, by public auction, or by any other | 277 |
method that the court determines is fair to the owner of the | 278 |
property and all other parties with an interest in the property, | 279 |
is reasonable under the circumstances, and will maximize the | 280 |
return from the property to the receivership estate, taking into | 281 |
account the potential cost of holding and operating the property. | 282 |
(c) If the receiver requests authority to sell the property | 289 |
pursuant to a prospective purchase contract and if warranted by | 290 |
the circumstances, the court may require that the receiver solicit | 291 |
and consider additional offers. If the receiver ultimately sells | 292 |
the property to a party other than the original proposed | 293 |
purchaser, if approved by the court, the receiver may pay to the | 294 |
unsuccessful original proposed purchaser a reasonable amount of | 295 |
costs and expenses from the sale proceeds in an amount determined | 296 |
by the court to compensate that proposed purchaser for | 297 |
participation in the sale process to the extent that participation | 298 |
brought value to the receivership. | 299 |
(b) At least ten days' prior written notice is given in | 312 |
accordance with the Rules of Civil Procedure to all of the owners | 313 |
of the real property, all parties to the action, and all other | 314 |
persons with a recorded or filed lien encumbering the real | 315 |
property to be sold as those persons are identified in a | 316 |
preliminary judicial report or a commitment for an owner's policy | 317 |
of title insurance previously filed with the court pursuant to | 318 |
section 2329.191 of the Revised Code or, if not previously filed, | 319 |
in a preliminary judicial report or a commitment for an owner's | 320 |
policy of title insurance filed with the application of the | 321 |
receiver for authority to sell the real property that otherwise | 322 |
complies with the requirements of section 2329.191 of the Revised | 323 |
Code, unless the lien or interest is barred by lis pendens | 324 |
pursuant to section 2703.26 of the Revised Code. | 325 |
(3)(a) If requested in the receiver's application for | 336 |
authority to sell the real property under division (D)(2)(a) of | 337 |
this section, upon a finding by the court after notice and an | 338 |
opportunity for a hearing as provided in divisions (D)(2)(b) and | 339 |
(c) of this section that it is in the best interest of the | 340 |
receivership estate that the real property be sold free and clear | 341 |
of liens, the court may order that the real property be sold free | 342 |
and clear of all liens other than the lien of the treasurer of the | 343 |
county in which the real property is located for real estate taxes | 344 |
and assessments. | 345 |
(4) The sale of real property under division (D)(2) of this | 352 |
section is in lieu of a sale pursuant to Chapter 2329. of the | 353 |
Revised Code, and except as provided in division (D)(2)(b) of this | 354 |
section with respect to the applicability of section 2329.191 of | 355 |
the Revised Code and as provided in division (D)(9) of this | 356 |
section with respect to the applicability of section 2329.37 of | 357 |
the Revised Code, the provisions of Chapter 2329. of the Revised | 358 |
Code do not apply to a sale of real property under division (D)(2) | 359 |
of this section. | 360 |
(7) The court's order approving the application by a receiver | 369 |
or first mortgage holder for authority to sell real property under | 370 |
division (D)(2)(a) of this section shall establish a reasonable | 371 |
time, but not less than three days, after the date of the order | 372 |
approving the specific sale or the sale process for the owner and | 373 |
all other parties possessing an equity of redemption in the real | 374 |
property to exercise their equity of redemption in the real | 375 |
property or to have that equity of redemption forever barred. | 376 |
Section 2329.33 of the Revised Code does not apply to a sale by a | 377 |
receiver under this section. | 378 |
(c) Upon receipt of the amount determined under divisions | 396 |
(D)(8)(a) and (b) of this section, the receiver shall advise the | 397 |
court and all of the parties and persons to whom notice was given | 398 |
pursuant to division (D)(2)(b) of this section of the receipt of | 399 |
that amount and shall set aside the sale. The fee title to the | 400 |
real property shall remain in the name of the owner of the real | 401 |
property, and the liens upon the real property, except as provided | 402 |
in division (D)(3) of this section, shall be transferred in the | 403 |
same order of priority to the proceeds received by the receiver | 404 |
from the owner of the real property. | 405 |
(10) If the contemplated sale of the real property is under | 413 |
division (D)(2)(a)(ii) of this section, as soon as is reasonably | 414 |
possible following the delivery of the deed to the purchaser under | 415 |
division (D)(9) of this section, the receiver shall file with the | 416 |
court and serve upon all of the parties and persons to whom the | 417 |
notice of the application for the authority to sell the real | 418 |
property was given under division (D)(2)(b) of this section a | 419 |
certificate and report of sale in which the receiver certifies all | 420 |
of the following: | 421 |
Sec. 5301.09. AllIn recognition that such leases and | 432 |
licenses create an interest in real estate, all leases, licenses, | 433 |
and assignments thereof, or of any interest therein, given or made | 434 |
concerning lands or tenements in this state, by which any right is | 435 |
granted to operate or to sink or drill wells thereon for natural | 436 |
gas and petroleum or either, or pertaining thereto, shall be filed | 437 |
for record and recorded in such lease record without delay, and | 438 |
shall not be removed until recorded. No such lease or assignment | 439 |
thereof shall be accepted for record after September 24, 1963, | 440 |
unless it contains the mailing address of both the lessor and | 441 |
lessee or assignee. If the county in which the land subject to any | 442 |
such lease is located maintains permanent parcel numbers or | 443 |
sectional indexes pursuant to section 317.20 of the Revised Code, | 444 |
no such lease shall be accepted for record after December 31, | 445 |
1984, unless it contains the applicable permanent parcel number | 446 |
and the information required by section 317.20 of the Revised Code | 447 |
to index such lease in the sectional indexes; and, in the event | 448 |
any such lease recorded after December 31, 1984, is subsequently | 449 |
assigned in whole or in part, and the county in which the land | 450 |
subject thereto is located maintains records by microfilm or other | 451 |
microphotographic process, the assignment shall contain the same | 452 |
descriptive information required to be included in the original | 453 |
lease by this sentence, but the omission of the information | 454 |
required by this section does not affect the validity of any | 455 |
lease. Whenever any such lease is forfeited for failure of the | 456 |
lessee, histhe lessee's successors or assigns to abide by | 457 |
specifically described covenants provided for in the lease, or | 458 |
because the term of the lease has expired, the lessee, histhe | 459 |
lessee's successors or assigns, shall have such lease released of | 460 |
record in the county where such land is situated without cost to | 461 |
the owner thereof. | 462 |
Section 3. (A) There is hereby created a Study Committee on | 469 |
Receivership Laws to study matters related to receiverships and | 470 |
payment of public utility services. The Study Committee shall | 471 |
consist of six members to be appointed in the following manner. | 472 |
The Speaker of the House of Representatives shall appoint three | 473 |
members of the House of Representatives, not more than two of whom | 474 |
shall be members of the same political party. The President of the | 475 |
Senate shall appoint three members of the Senate, not more than | 476 |
two of whom shall be members of same political party. The initial | 477 |
appointments shall be made not later than March 1, 2015. The | 478 |
President of the Senate shall appoint the chairperson of the | 479 |
Committee. Vacancies shall be filled in the manner provided for | 480 |
the original appointments. | 481 |