130th Ohio General Assembly
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(124th General Assembly)
(Substitute House Bill Number 279)



AN ACT
To amend sections 317.113, 323.43, 1337.01, 1337.06, 1337.091, 1337.10, 5301.01, 5301.04, 5301.08, 5301.251, 5301.255, 5301.28, 5301.31, 5301.32, 5301.33, 5301.331, 5301.34, 5301.35, 5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.17, 5302.22, 5309.05, 5309.10, 5309.30, 5309.51, 5309.75, and 5311.05 and to repeal section 5301.234 of the Revised Code to eliminate the requirement that deeds, mortgages, land contracts, leases and memoranda of leases of real property, memoranda of trust, certain powers of attorney, and other recordable instruments and transactions pertaining to real property be signed and attested to in the presence of witnesses.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 317.113, 323.43, 1337.01, 1337.06, 1337.091, 1337.10, 5301.01, 5301.04, 5301.08, 5301.251, 5301.255, 5301.28, 5301.31, 5301.32, 5301.33, 5301.331, 5301.34, 5301.35, 5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.17, 5302.22, 5309.05, 5309.10, 5309.30, 5309.51, 5309.75, and 5311.05 of the Revised Code be amended to read as follows:

Sec. 317.113.  The county recorder shall not accept for recording a deed or other instrument in writing that is executed or certified in whole or in part in a language other than the English language unless it complies with the requirements of sections 317.11, 317.111, and 317.112 of the Revised Code and is accompanied by a complete English translation certified as provided in this section. The translator of the deed or other instrument in writing shall certify that the translation is accurate and that the translator is competent to perform the translation. The translator shall sign and acknowledge the translation of the deed or other instrument in writing in the presence of two witnesses, who shall attest the translator's signature and subscribe their names to the attestation. The translator shall sign and acknowledge the translation before a judge of a court of record in this state, a clerk of a court of record in this state, a county auditor, a county engineer, or a notary public.

A certificate of the translator that is substantially in the following form satisfies the requirements of this section:

"CERTIFICATE OF TRANSLATOR

The undersigned, .........................., hereby certifies that the document attached to this certificate and made a part of this certificate has been translated into English by the undersigned; that the translation is accurate; and that the undersigned is competent to perform the translation.

Signed and Acknowledged in the Presence of:


..............................
..............................
................................
(Signature of Translator)
SSN: ...........................
State of ......................
County of .....................

The foregoing certificate of translator has been acknowledged before me this ..... day of .........., ......


.................................
(Signature of Judge or Officer Taking the Acknowledgment)"

This section does not apply to a deed or other instrument in writing executed or certified prior to August 20, 1996.

Sec. 323.43.  Each person owning lands may authorize or consent to the payment by another of the taxes levied upon such those lands or the surface owner of lands may pay the taxes levied upon coal under said the land if said the taxes are delinquent, without consent of the owner of the coal. A person paying such those taxes shall first obtain from the owner of such the lands, except in the case of coal, a certificate of authority to pay them, that is signed in the presence of two witnesses, and acknowledged before an officer authorized to administer oaths. Such The certificate shall contain an accurate description of the property as shown by the tax duplicate, the amount of the taxes levied thereon on the property, the year for which they were levied, the name of the person authorized to pay them, and the date of the payment thereof of the taxes.

Where If the tax on coal has been paid by the surface owner, the certificate shall contain an accurate description of the property as shown by the tax duplicate, the amount of the taxes levied thereon on the coal, the year for which they were levied, and the date of the payment thereof of the taxes.

The person paying such those taxes shall file such the certificate in the office of the county recorder for record within ten days from the date of the payment thereof of the taxes. When the certificate has been filed, the amount thereof of the tax, with interest at eight per cent per annum from the date of the payment of such the tax, shall become a lien upon such real estate in preference to all liens thereafter attaching to the property, and in preference to all pre-existing liens the holders of which have executed and acknowledged such that certificate of authority. The money paid, with the interest thereon, may be recovered from the person legally liable for the payment of the tax. Such An action may be brought by the person paying the tax at any time after the expiration of one year from the date of the payment thereof. When If the surface owner has paid taxes on coal under this section he, the surface owner may bring an action in foreclosure in the same manner provided by law for the foreclosure of mortgages on land. Such The surface owner shall have the option after judgment in the foreclosure action to purchase the coal at the appraised amount or to have the coal sold at public sale in accordance with law. The certificate filed with the recorder shall be recorded and canceled in the same manner as mortgages on real estate in a book separately kept and indexed by him the recorder for that purpose, and the recorder shall receive the fees prescribed by law for recording real estate mortgages.

Sec. 1337.01.  A power of attorney for the conveyance, mortgage, or lease of any interest in real property must shall be signed, attested, acknowledged, and certified as provided in section 5301.01 of the Revised Code.

Sec. 1337.06.  A power of attorney for the transfer of personal property or the transaction of business relating thereto to the transfer of personal property, in order to be admitted to record as provided in section 1337.07 of the Revised Code, must shall be signed, witnessed, and acknowledged in the same manner as deeds and mortgages under section 5301.01 of the Revised Code. When so executed, acknowledged, and recorded, a copy of the record thereof, certified by the county recorder, with his the recorder's official seal affixed thereto to it, shall be received in all courts and places within this state as prima-facie evidence of the existence of such that instrument and as conclusive evidence of the existence of such that record.

Sec. 1337.091.  (A) The death or adjudged incompetency of any principal who has executed a power of attorney in writing does not revoke the power and authority of the attorney in fact who, without actual knowledge of the death or adjudged incompetency of the principal, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, inures to the benefit of and binds the principal and his the principal's heirs, devisees, and personal representatives.

(B) An affidavit, executed by the attorney in fact stating that he the attorney in fact did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation of the power of attorney by the principal, or the revocation of the power of attorney by death or adjudged incompetency of the principal is, in the absence of fraud, conclusive proof of the nonrevocation of the power at that time. If the exercise of the power requires the execution and delivery of any instrument that is recordable, the affidavit when witnessed and acknowledged before a notary public in the same manner as a deed, is likewise recordable.

(C) This section shall not be construed to alter or affect any provision for revocation contained in any power of attorney. This section shall not be construed to affect any provision of a power of attorney that indicates, consistent with section 1337.09 of the Revised Code, that the authority of the attorney in fact is exercisable by him the attorney in fact as provided in the power of attorney notwithstanding the later disability, incapacity, or adjudged incompetency of the principal.

Sec. 1337.10.  The county recorder shall charge the same fee for the recording of a power of attorney authorizing the transfer of personal property or the transaction of business relating thereto to the transfer of personal property, the indexing thereof of that instrument, and for making a certified copy of the record of such the instrument, as he that the recorder is allowed by section 317.32 of the Revised Code to charge for like similar services in regard to other instruments.

In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the recorder may require that all cancellations, releases, or other actions affecting recorded powers of attorney be by separate instrument, signed, witnessed, and acknowledged as provided by section 5301.01 of the Revised Code. The original instrument bearing the proper endorsement may be used as such that separate instrument. Any such cancellations, releases, or other actions described in this section shall be recorded in the books in which the powers of attorney were recorded. The fee for such recordation shall be as set forth in this section.

Sec. 5301.01. (A) A deed, mortgage, land contract as referred to in division (B)(2) of section 317.08 of the Revised Code, or lease of any interest in real property and a memorandum of trust as described in division (A) of section 5301.255 of the Revised Code shall be signed by the grantor, mortgagor, vendor, or lessor in the case of a deed, mortgage, land contract, or lease or shall be signed by the settlor and trustee in the case of a memorandum of trust. The signing shall be acknowledged by the grantor, mortgagor, vendor, or lessor, or by the settlor and trustee, in the presence of two witnesses, who shall attest the signing and subscribe their names to the attestation. The signing shall be acknowledged by the grantor, mortgagor, vendor, or lessor, or by the settlor and trustee, before a judge or clerk of a court of record in this state, or a county auditor, county engineer, notary public, or mayor, who shall certify the acknowledgement and subscribe his the official's name to the certificate of the acknowledgement.

(B)(1) If a deed, mortgage, land contract as referred to in division (B)(2) of section 317.08 of the Revised Code, lease of any interest in real property, or a memorandum of trust as described in division (A) of section 5301.255 of the Revised Code was executed prior to the effective date of this amendment and was not acknowledged in the presence of, or was not attested by, two witnesses as required by this section prior to that effective date, both of the following apply:

(a) The instrument is deemed properly executed and is presumed to be valid unless the signature of the grantor, mortgagor, vendor, or lessor in the case of a deed, mortgage, land contract, or lease or of the settlor and trustee in the case of a memorandum of trust was obtained by fraud.

(b) The recording of the instrument in the office of the county recorder of the county in which the subject property is situated is constructive notice of the instrument to all persons, including without limitation, a subsequent purchaser in good faith or any other subsequent holder of an interest in the property, regardless of whether the instrument was recorded prior to, on, or after the effective date of this amendment.

(2) Division (B)(1) of this section does not affect any accrued substantive rights or vested rights that came into existence prior to the effective date of this amendment.

Sec. 5301.04.  A deed, mortgage, or lease of any interest of a married person in real property must shall be signed, attested, acknowledged, and certified as provided in section 5301.01 of the Revised Code.

Sec. 5301.08.  Sections 5301.01 to 5301.45, inclusive, of the Revised Code do not affect the validity of any lease of lands appropriated by congress for the support of schools or for ministerial purposes for any term not exceeding ten years or of any other lands for any term not exceeding three years or require such that lease to be attested, acknowledged, or recorded.

Sec. 5301.251.  In lieu of the recording of a lease, there may be recorded a memorandum of such that lease, executed, attested, and acknowledged in accordance with section 5301.01 of the Revised Code which. The memorandum of lease shall contain the names of the lessor and the lessee and their addresses as set forth in said the lease, a reference to such the lease with its date of execution, a description of the leased premises with such certainty as to identify the property, including the reference provided for in section 5301.011 of the Revised Code, and the term of the lease, together with any rights of renewal or extension thereof of the lease, and the date of commencement of the term or the manner of determining the same commencement of the term as set forth in such the lease.

A memorandum of lease thus that is entitled to be so recorded may also may set forth any other provisions contained in the lease, or the substance thereof of those provisions, and shall be constructive notice of only that information contained in such the memorandum.

Sections 317.08, 5301.251, and 5301.33 of the Revised Code shall not be construed to affect the enforcibility enforceability, validity, or legal effect of instruments recorded in said those lease records prior to August 9, 1963.

Sec. 5301.255.  (A) A memorandum of trust that satisfies both of the following may be presented for recordation in the office of the county recorder of any county in which real property that is subject to the trust is located:

(1) The memorandum shall be executed by the settlor and trustee of the trust, attested by witnesses, and acknowledged by the settlor and trustee of the trust in accordance with section 5301.01 of the Revised Code.

(2) The memorandum shall state all of the following:

(a) The names and addresses of the settlor and trustee of the trust;

(b) The date of execution of the trust;

(c) The powers specified in the trust relative to the acquisition, sale, or encumbering of real property by the trustee or the conveyance of real property by the trustee, and any restrictions upon those powers.

(B) A memorandum of trust that satisfies divisions (A)(1) and (2) of this section also may set forth the substance or actual text of provisions of the trust that are not described in those divisions.

(C) A memorandum of trust that satisfies divisions (A)(1) and (2) of this section shall constitute notice only of the information contained in it.

(D) Upon the presentation for recordation of a memorandum of trust that satisfies divisions (A)(1) and (2) of this section and the payment of the requisite fee prescribed in section 317.32 of the Revised Code, a county recorder shall record the memorandum of trust as follows:

(1) Unless division (D)(2) of this section applies, in the record of deeds described in division (A) of section 317.08 of the Revised Code, if the memorandum of trust describes specific real property, or in the record of powers of attorney described in division (C) of that section, if the memorandum of trust does not describe specific real property;

(2) If the county recorder records instruments in accordance with division (F) of section 317.08 of the Revised Code, in the official records described in that division.

Sec. 5301.28.  When the mortgagee of property within this state, or the party to whom the mortgage has been assigned, either by a separate instrument, or in writing on such that mortgage, or on the margin of the record thereof of the mortgage, which assignment, if in writing on such the mortgage or on the margin of the record thereof of the mortgage, need not be witnessed or acknowledged, receives payment of any part of the money due the holder of such the mortgage, and secured by the mortgage, and enters satisfaction or a receipt therefor for the payment, either on the mortgage or its record, such that satisfaction or receipt, when entered on such the record, or copied thereon on the record from the original mortgage by the county recorder, will release the mortgage to the extent of such the receipt. In all cases when a mortgage has been assigned in writing on such that mortgage, the recorder must shall copy the assignment from the original mortgage upon the margin of the record of the mortgage before such the satisfaction or receipt is entered upon the record thereof of the mortgage.

In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the recorder may require that all satisfactions of mortgages be made by separate instrument. The original instrument bearing the proper endorsement may be used as such separate instrument. Such That separate instrument shall be recorded in the book provided by section 5301.34 of the Revised Code for the satisfactions of mortgages. The recorder shall charge the fee for such the recording as provided by section 317.32 of the Revised Code for recording mortgages.

Sec. 5301.31.  Except in counties in which a separate instrument is required to assign or partially release a mortgage as described in section 5301.32 of the Revised Code, a mortgage may be assigned or partially released by the holder of the mortgage, by writing the assignment or partial release on the original mortgage or upon the margin of the record of the original mortgage and signing it. The assignment or partial release need not be acknowledged or witnessed, but, if it is written upon the margin of the record of the original mortgage, the signing shall be attested by the county recorder. The assignment, whether it is upon the original mortgage, upon the margin of the record of the original mortgage, or by separate instrument, shall transfer not only the lien of the mortgage but also all interest in the land described in the mortgage. An assignment of a mortgage shall contain the then current mailing address of the assignee. The signature of a person on the assignment or partial release may be a facsimile of that person's signature. A facsimile of a signature on an assignment or partial release is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments or partial releases.

For entering an assignment or partial release of a mortgage upon the margin of the record of the original mortgage or for attesting it, the recorder shall be entitled to the fee provided by section 317.32 of the Revised Code for recording the assignment and satisfaction of mortgages.

Sec. 5301.32.  A mortgage may be assigned or partially released by a separate instrument of assignment or partial release, acknowledged and witnessed as provided by section 5301.01 of the Revised Code. The separate instrument of assignment or partial release shall be recorded in the book provided by section 5301.34 of the Revised Code for the recording of satisfactions of mortgages, and the. The county recorder shall be entitled to charge the fee for that recording as provided by section 317.32 of the Revised Code for recording deeds. The signature of a person on the assignment or partial release may be a facsimile of that person's signature. A facsimile of a signature on an assignment or partial release is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments or partial releases.

In a county in which the recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the recorder may require that all assignments and partial releases of mortgages be by separate instruments. The original instrument bearing the proper endorsement may be used as the separate instrument.

An assignment of a mortgage shall contain the then current mailing address of the assignee.

Sec. 5301.33.  Except in counties where deeds or other separate instruments are required as provided in this section, a lease, whether or not renewable forever, which that is recorded in any county recorder's office, may be canceled or partially released by the lessor and lessee, or assigned by either of them, by writing such the cancellation, partial release, or assignment on the original lease, or upon the margin of the record thereof of the original lease, and by signing it. Such That cancellation, partial release, or assignment need not be witnessed or acknowledged, but if written on the margin of the record, the signing thereof must shall be attested to by the recorder. Such The assignment by the lessee, whether it is upon the lease, or upon the margin of the record thereof of the lease, or by separate instrument, shall transfer all interest held by the lessee under the lease in the premises described therein in the lease, unless otherwise stated in the lease or in the assignment. For copying such the cancellation, partial release, or assignment upon the margin of the record, if written upon the original instrument, or for attesting it, if written upon the margin of the record, the recorder shall charge the fee provided by section 317.32 of the Revised Code for recording the assignment and satisfaction of mortgages.

A lease, whether or not renewable forever, which that is recorded in any county recorder's office, may also may be canceled, partially released, or assigned by deed or by other separate instrument acknowledged and witnessed as provided in section 5301.01 of the Revised Code. Unless in the form of a deed, a separate instrument of cancellation, partial release, or assignment shall be recorded in the record of leases provided for by section 317.08 of the Revised Code and the. The recorder shall charge the fee for such that recording as provided in section 317.32 of the Revised Code for recording deeds.

When If a lease has been canceled, partially released, or assigned by deed or by other separate instrument and such that deed or other separate instrument recites the recorder's file number of the original lease or the volume and page of the record wherein in which the original lease is recorded, the recorder shall note on the margin of the record of the original lease the recorder's file number of such the deed or other separate instrument or the volume and page of the record wherein in which the same is recorded.

"Lessor" and "lessee" as used in this section include an assignee of the interest of either. "Lease" as used in this section includes a memorandum of lease provided for by section 5301.251 of the Revised Code. This section does not permit the assignment of any lease whose if the assignment is prohibited by the terms thereof of the lease.

In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the recorder may require that all cancellations, partial releases, and assignments of leases be by deed or other separate instrument. The original instrument bearing the proper endorsement may be used as such separate instrument.

Sec. 5301.331.  Except in counties where deeds or other instruments are required as provided in this section, a land contract which that is recorded in the office of the county recorder may be cancelled, partially released by the vendor and vendee, or assigned by either of them by writing such the cancellation, partial release, or assignment on the original land contract or upon the margin of the record thereof of the original land contract, and by signing it. Such That cancellation, partial release, or assignment need not be witnessed or acknowledged, but if written on the margin of the record, the signing thereof must shall be attested to by the county recorder. Such The assignment by the vendee, whether it is on the land contract or upon the margin of the record thereof of that contract, or by separate instrument, shall transfer the right held by the vendee under the land contract in the premises described therein in the contract unless otherwise stated in the land contract or in the assignment. For copying such the cancellation, partial release, or assignment upon the margin of the record, or for attesting it, if written upon the margin of the record, the recorder shall charge the fee provided by section 317.32 of the Revised Code for recording the assignment and satisfaction of mortgages.

A land contract which that is recorded in the office of the county recorder may also be cancelled, partially released, or assigned by deed or by other separate instrument, acknowledged and witnessed as provided in section 5301.01 of the Revised Code. Unless in the form of a deed, a separate instrument of cancellation, partial release, or assignment shall be recorded in the book provided by section 5301.34 of the Revised Code for recording satisfactions of mortgages, and the. The recorder shall charge the fee for such that record as provided for in section 317.32 of the Revised Code for record fees.

When If a land contract has been cancelled, partially released, or assigned by deed or other separate instrument, and such that deed or other separate instrument recites the recorder's file number of the original land contract or the volume and page of the record wherein in which the original land contract is recorded, the recorder shall note on the margin of the original land contract the recorder's file number of such the deed or other separate instrument or the volume and page of the record wherein in which the same is recorded.

"Vendor" and "Vendee vendee" as used in this section include an assignee of the interest of either. This section does not permit the assignment of any land contract whose if the assignment is prohibited by the terms thereof of the land contract.

In a county where the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the recorder may require that all cancellations, partial releases, and assignments of land contracts be by deed or other separate instrument. The original instrument bearing the proper endorsement may be used as such separate instrument.

Sec. 5301.34.  A mortgage must shall be discharged upon the record thereof of the mortgage by the county recorder when there is presented to him the county recorder a certificate executed by the mortgagee or his the mortgagee's assigns, acknowledged and witnessed as provided in section 5301.01 of the Revised Code, or when there is presented to him the recorder a deed of release executed by the governor as provided in section 5301.19 of the Revised Code, certifying that the mortgage has been fully paid and satisfied. In addition to the discharge on the records by the recorder, such certificate shall be recorded in a book kept for that purpose by the recorder. Such The recorder is entitled to the fees for such recording as provided by section 317.32 of the Revised Code for recording deeds.

Sec. 5301.35.  The priority of the lien of a mortgage may be waived to the extent specified by the holder thereof of the lien in favor of any lien, mortgage, lease, easement, or other interest in the property covered by the mortgage, by writing such the waiver of priority on the original mortgage and signing it, by writing such the waiver of priority upon the margin of the record of said that mortgage and signing it, or by a separate instrument acknowledged and witnessed as provided by section 5301.01 of the Revised Code. Such That waiver, when recorded upon the margin of the record of such the mortgage, or when recorded as a separate instrument, is constructive notice to all persons dealing with either the property described in said that mortgage or the mortgage itself from the date of filing said the waiver for record. Such The waiver, if written upon said the mortgage or upon the margin of the record thereof of the mortgage, need not be acknowledged or witnessed, but if written upon the margin of the record, the signing must shall be attested by the county recorder.

If said the waiver of priority is by separate instrument, it shall be recorded in the book provided by section 5301.34 of the Revised Code for the recording of satisfactions of mortgages. For such the recording, the county recorder may charge the fee as provided by section 317.32 of the Revised Code for recording deeds. For entering any such waiver of priority upon the margin of the record of said the mortgage, or for attesting it, the recorder is entitled to the fees for recording such those waivers of priority as that are charged for assignments or satisfactions of mortgages under section 317.32 of the Revised Code.

In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the recorder may require that all waivers of priority of mortgages be made by separate instrument. The original instrument bearing the proper indorsement endorsement may be used as such separate instrument.

Sec. 5302.05.  A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, his the grantee's heirs, assigns, and successors, to his the grantee's and their the grantee's heirs', assigns', and successors' own use, with covenants on the part of the grantor with the grantee, his the grantee's heirs, assigns, and successors, that, at the time of the delivery of such that deed he the grantor was lawfully seized in fee simple of the granted premises, that the granted premises were free from all encumbrances, that he the grantor had good right to sell and convey the same to the grantee and his the grantee's heirs, assigns, and successors, and that he the grantor does warrant and will defend the same to the grantee and his the grantee's heirs, assigns, and successors, forever, against the lawful claims and demands of all persons.

"GENERAL WARRANTY DEED

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

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


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

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

Witness ............................. hand this ........... day of ....................

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


...............................
(Signature of Judge or Officer
Taking the Acknowledgment)

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

Sec. 5302.07.  A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, his the grantee's heirs, assigns, and successors, to his the grantee's and their the grantee's heirs', assigns', and successors' own use, with covenants on the part of the grantor with the grantee, his the grantee's heirs, assigns, and successors, that, at the time of the delivery of such that deed the premises were free from all encumbrances made by him the grantor, and that he the grantor does warrant and will defend the same to the grantee and his the grantee's heirs, assigns, and successors, forever, against the lawful claims and demands of all persons claiming by, through, or under the grantor, but against none other.

"LIMITED WARRANTY DEED

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

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


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

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

Witness .......... hand this .......... day of ...........

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


...............................
(Signature of Judge or Officer
Taking the Acknowledgment)

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

Sec. 5302.09.  A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, his the grantee's heirs, assigns, and successors, to his the grantee's and their the grantee's heirs', assigns', and successors' own use, with covenants on the part of the grantor with the grantee, his the grantee's heirs, assigns, and successors, that, at the time of the delivery of such that deed, he the grantor was duly appointed, qualified, and acting in the fiduciary capacity described in such that deed, and was duly authorized to make the sale and conveyance of the premises; that in all of his the grantor's proceedings in the sale thereof he of the premises the grantor has complied with the requirements of the statutes in such case provided.

"DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE,
GUARDIAN, RECEIVER, OR COMMISSIONER

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

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


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

Witness ........... hand this ....... day of .............

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


...............................
(Signature of Judge or Officer
Taking the Acknowledgment)

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

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

"QUIT-CLAIM DEED

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

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

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

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

Witness ............... hand this ............ day of ...................................

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


...............................
(Signature of Judge or Officer
Taking the Acknowledgment)

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

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

"MORTGAGE

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

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

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

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

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

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

Witness .......... hand this .... day of ................

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


...............................
(Signature of Judge or Officer
Taking the Acknowledgment)

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

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

"SURVIVORSHIP DEED

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

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

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

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

Witness ............... hand this ................. day of .................."

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


...............................
(Signature of Judge or Officer
Taking the Acknowledgment)

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

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

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

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

"Transfer on Death Deed

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

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

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

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

Witness .................... hand this .................... day of ...................."

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


...............................
(Signature of Judge or Officer
Taking the Acknowledgment)

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

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

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

(C) Upon the death of any individual who owns real property or an interest in real property that is subject to a transfer on death beneficiary designation made under a transfer on death deed as provided in this section, the deceased owner's interest shall be transferred only to the transfer on death beneficiaries who are identified in the deed by name and who survive the deceased owner or that are in existence on the date of death of the deceased owner. The transfer of the deceased owner's interest shall be recorded by presenting to the county auditor and filing with the county recorder an affidavit, accompanied by a certified copy of a death certificate for the deceased owner. The affidavit shall recite the name and address of each designated transfer on death beneficiary who survived the deceased owner or that is in existence on the date of the deceased owner's death, the date of the deceased owner's death, a description of the subject real property or interest in real property, and the names of each designated transfer on death beneficiary who has not survived the deceased owner or that is not in existence on the date of the deceased owner's death. The affidavit shall be accompanied by a certified copy of a death certificate for each designated transfer on death beneficiary who has not survived the deceased owner. The county recorder shall make an index reference to any affidavit so filed in the record of deeds.

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

Sec. 5309.05.  The persons who, singly or collectively, claim to own and to be seized of, or to have the power of appointing or disposing of, the legal or equitable estate in fee in and to the whole of any parcel of land, may personally or through an attorney in fact, authorized by an instrument signed, witnessed, acknowledged, and recorded as a deed, have their title to said that estate in said that land, or the whole title to said that land, registered in the county where the land is situated. A corporation may apply by its agent or attorney, authorized by vote of its board of directors, and any person under disability may apply by his the person's legal guardian or trustee. All persons in whose behalf the application is made shall be named as the applicants or plaintiffs, except in cases mentioned in section 5309.66 of the Revised Code.

Sec. 5309.10.  If the application to register the title to land or to any interest therein in land is made by a married person, the husband or wife spouse of such that person shall signify his or her the spouse's assent to the registration as prayed for by indorsement endorsement on the application witnessed and acknowledged as a deed, or by a separate instrument so witnessed and acknowledged and filed with the application. If the husband and wife spouses are separated and living apart, or either one refuses to consent to the application of the other, the assent of the husband or wife nonapplicant spouse is not necessary, and in such that case the husband or wife nonapplicant spouse shall be treated and named as a party defendant to the application.

Sec. 5309.30.  The county recorder shall take from the owner of any registered property, right, interest, lien, or charge, in every case where in which it is practicable to do so, such the owner's receipt or signature card, giving the residence and post-office address, for the certificate of title, or whatever paper is issued or delivered to or filed by him the owner, signed by such the owner in person and witnessed. When such If the receipt or signature card is signed in the recorder's office, it may be witnessed by the recorder or some a deputy. If signed elsewhere, such the receipt or signature card must shall be attested by two witnesses and acknowledged before an officer authorized to take acknowledgment of deeds. When signed, witnessed and or acknowledged, and filed with the recorder, such the receipt shall be regarded as containing the genuine signature of such that person.

Sec. 5309.51.  The holder of any mortgage, encumbrance, lease, charge, or lien upon registered land may execute to a transferee an assignment for the whole or any part thereof of the mortgage, encumbrance, lease, charge, or lien, by indorsement endorsement of such the assignment on the original instrument of encumbrance, the holder's duplicate, the mortgagee's certified copy of a mortgage, or by a separate instrument witnessed and acknowledged as required by section 5301.01 of the Revised Code. The assignment of only a part only must of the mortgage, encumbrance, lease, charge, or lien shall state whether the part transferred is to be given priority, be deferred, or rank equally with the remaining part. When such that assignment is filed with the county recorder and the assignor produces the instrument of encumbrance which he that the assignor holds, if such that instrument is the original instrument or one of the original duplicates thereof of the instrument, and in the case of a mortgage when the assignor produces the "mortgagee's certified copy," if such that copy was issued and delivered, the recorder, being satisfied that the assignment is properly made and should be registered, shall register such the assignment by entering a memorial of the part transferred, the date of transfer, the name, residence, and post-office address of the transferee, how such the part transferred is to rank with the remaining part, and the file number upon the register where such in which the instrument creating the charge is registered, and in case of assignment by separate instrument, upon the original instrument. On the instrument of assignment the The recorder shall indorse endorse on the instrument of assignment the exact time of filing and the volume and folium of the register where in which the assignment is registered. If the original instrument of encumbrance, or one of the duplicates thereof of the instrument, is recorded, the assignee may, on payment of the recorder's fees therefor, may have such that assignment copied on the margin of the record of the instrument assigned, or copied in a separate volume and noted on the margin of the record of the instrument assigned, if the recorder keeps any such separate volume for the record of assignments and transfer, the transfers. The record of such that assignment to shall be noted on the indexes of the instrument assigned. If the original instrument of encumbrance or one of the original duplicates thereof of the instrument, indorsed endorsed by the recorder, or a mortgagee's certified copy of the mortgage, is outstanding in the hands of the encumbrancer, lessee, or their assigns, no entry or memorial of an assignment or transfer of such that instrument or security of any part thereof of the instrument shall be made by the recorder without the production of such the original instrument, or the indorsed endorsed original duplicate thereof of the instrument, or the mortgagee's certified copy.

Waivers of the priority of lien of mortgages may be registered subject to the requirements of this section as to assignments.

Sec. 5309.75.  The deed or instrument constituting a person an attorney in fact shall contain:

(A) The full name of the party appointing, and of the person appointed, and the residence and post-office address of each;

(B) The number of the outstanding certificate of title, and the volume and folium of the register;

(C) A description of the land, which that shall be the same as given in the certificate of title;

(D) A brief statement of the powers conferred upon the attorney in fact.

Such That deed or instrument shall be signed by the person making it and witnessed and acknowledged as provided in section 5301.01 of the Revised Code.

Sec. 5311.05.  (A) A declaration submitting property to the provisions of this chapter shall be signed and acknowledged by the owner in the presence of two witnesses who shall attest the signing and subscribe their names to the attestation, and before a judge or clerk of a court of record, county auditor, county engineer, notary public, mayor, or county court judge, who shall certify the acknowledgment and subscribe his name to the certificate of acknowledgment.

(B) A declaration shall contain all of the following:

(1) A legal description of the land or, in the case of water slip condominium property, of the land and the land under the water area, thereby submitted to the provisions of this chapter;

(2) The name by which the condominium property shall be known which shall include the word "condominium";

(3) The purpose or purposes of the condominium property and the units and commercial facilities situated therein in the condominium property and the restrictions, if any, upon the use or uses thereof of the condominium property;

(4) A general description of the building or buildings thereby submitted to the provisions of this chapter, stating the principal materials of which it is or they are constructed and the number of stories, basements, and units therein in the building or buildings, or a general description of each water slip and of the piers and wharves forming each water slip thereby submitted to the provisions of this chapter;

(5) The unit designation of each unit thereby submitted to the provisions of this chapter and a statement of its location, approximate area, number of rooms, and the immediate common area or limited common area to which it has access, and any other data necessary for its proper identification;

(6) A description of the common area and facilities and limited common areas and facilities thereby submitted to the provisions of this chapter, the percentage or percentages of interest therein in the common area and facilities and limited common areas and facilities appertaining to each unit, the basis upon which those appurtenant percentages of interest are allocated, and the procedures whereby the percentages appertaining to each unit may be altered, which percentages, basis, and procedures shall be in accordance with section 5311.04 of the Revised Code;

(7) A statement that each unit owner shall be a member of a unit owners association which that shall be established for the administration of the condominium property;

(8) The name of a person to receive service of process for the unit owners association, together with the residence or place of business of the person, which residence or place of business shall be in a county in which all or a part of the condominium property is situated;

(9) The method by which the declaration may be amended, which that, except as provided in division (D) of section 5311.04 and section 5311.051 of the Revised Code, shall require the affirmative vote of those unit owners exercising not less than seventy-five per cent of the voting power;

(10) Any further provisions deemed desirable.

(C) In the case of an expandable condominium property, the declaration also shall contain all of the following:

(1) The explicit reservation of the declarant's option to expand the condominium property;

(2) A statement of any limitations on that option, including a statement as to whether the consent of any unit owners is required, and if so, a statement as to the method whereby the consent is to be ascertained; or a statement that there are no such limitations;

(3) A time limit, not exceeding seven years from the date the declaration is filed for record, renewable for an additional seven-year period at the option of the developer, exercisable within six months prior to the expiration of the seven-year period and with the consent of the majority of the unit owners other than the developer upon which the option to expand the condominium property will expire, together with a statement of any circumstances that will terminate the option prior to the expiration of the time limit;

(4) A legal description by metes and bounds of all additional property that, through exercise of the option, may be submitted to the provisions of this chapter and that, thereby, may be added to the condominium property;

(5) A statement as to whether all, or a particular portion, of the additional property must be added to the condominium property, or whether, if any additional property is added, all or a particular portion of the additional property must be added, and, if not, a statement of any limitations as to the portions that may be added or a statement that there are no such limitations;

(6) A statement as to whether portions of the additional property may be added to the condominium property at different times, together with any limitations fixing the boundaries of those portions by legal descriptions setting forth the metes and bounds of those portions, or regulating the order in which they may be added to the condominium property, or both;

(7) A statement of any limitations as to the location of any improvements that may be made on any portion of the additional property added to the condominium property, or a statement that there are no such limitations;

(8) A statement of the maximum number of units that may be created on the additional property. If portions of the additional property may be added to the condominium property and the boundaries of those portions are fixed in accordance with division (C)(6) of this section, the declaration shall also state the maximum number of units that may be created on each portion added to the condominium property. If portions of the additional property may be added to the condominium property and the boundaries of those portions are not fixed in accordance with division (C)(6) of this section, the declaration shall also state the maximum number of units per acre that may be created on any portion added to the condominium property.

(9) Except in cases where the previously submitted condominium property contains no units restricted exclusively to residential use, a statement of the maximum percentage of the aggregate land and floor area of all units not restricted exclusively to residential use that may be created on any additional property or portions of additional property that may be added to the condominium property;

(10) A statement of the extent to which any structures erected on any portion of the additional property added to the condominium property will be compatible with structures on the submitted property in terms of quality of construction, the principal materials to be used, and architectural style, or a statement that the structures need not be compatible in those terms;

(11) With respect to all improvements to any portion of additional property added to the condominium property, other than structures, a statement setting forth both of the following:

(a) A description of the improvements that must be made or a statement that no other improvements must be made;

(b) Any restrictions or limitations upon the improvements that may be made or a statement that there are no restrictions or limitations upon improvements that may be made.

(12) With respect to all units created on any portion of additional property added to the condominium property, a statement setting forth both of the following:

(a) Whether all such units must be substantially identical to units on previously submitted land;

(b) Any limitations as to what types of units may be created on the additional property or a statement that there are no limitations.

(13) A description of the declarant's reserved right, if any, either to create limited common areas and facilities within any portion of the additional property added to the condominium property or to designate common areas and facilities within each portion that may subsequently be assigned as limited common areas and facilities, in terms of the types, sizes, and maximum number of such those areas and facilities in each portion;

(14) Such The drawings and plans as that the declarant considers appropriate in supplementing the requirements of divisions (C)(4), (5), (6), (7), (10), (11), (12), and (13) of this section.

(D) In the case of a leasehold condominium development, the declaration shall also contain all of the following:

(1) With respect to any ground lease or other leases the expiration or termination of which will or may terminate or reduce the amount of the condominium property, a statement setting forth the county in which the lease is recorded and the volume and page of the record;

(2) A statement setting forth the date upon which each lease referred to in division (D)(1) of this section is due to expire;

(3) A statement as to whether any land or improvements of the condominium property will be owned by the unit owners in fee simple, and if so, either a description of the land or improvements, including a legal description by metes and bounds of the land, or a statement of any rights the unit owners shall have to remove such those improvements within a reasonable time after the expiration or termination of the ninety-nine year lease or leases involved, or a statement that they shall have no such rights;

(4) A statement of the rights the unit owners have to redeem the reversion or any of the reversions, or a statement that they have no such rights;

(5) A statement that, subsequent to the recording of the declaration, no lessor who executed it, and no successor in interest to the lessor, have any right or power to terminate any part of the leasehold interest of any unit owner who makes timely payment of his the unit owner's share of the rent to the person designated in the declaration for the receipt of the rent and who otherwise complies with all covenants that, if violated, would entitle the lessor to terminate the lease.

SECTION 2. That existing sections 317.113, 323.43, 1337.01, 1337.06, 1337.091, 1337.10, 5301.01, 5301.04, 5301.08, 5301.251, 5301.255, 5301.28, 5301.31, 5301.32, 5301.33, 5301.331, 5301.34, 5301.35, 5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.17, 5302.22, 5309.05, 5309.10, 5309.30, 5309.51, 5309.75, and 5311.05 and section 5301.234 of the Revised Code are hereby repealed.

SECTION 3. The General Assembly declares its intent that the amendment made by this act to section 5301.01 of the Revised Code is retrospective in its operation and is remedial in its application to instruments described in that section that were executed or recorded prior to the effective date of this act, except that the amendment does not affect any substantive rights or vested rights that came into existence prior to the effective date of this act.

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