REPRESENTATIVES Faber, Cates, Schaffer, Seitz, G. Smith, Kearns

To amend sections 1337.01, 1337.06, 1337.10, 5301.01,

1

5301.04, 5301.08, 5301.251, 5301.255, 5301.32,

2

5301.33, 5301.331, 5301.34, 5301.35, 5309.51, and

3

5309.75 and to repeal section 5301.234 of the

4

Revised Code to eliminate the requirement that

5

deeds, mortgages, land contracts, leases and

6

memoranda of leases of real property, memoranda of

7

trust, certain powers of attorney, and other

8

recordable instruments and transactions pertaining

9

to real property be signed and attested to in the

10

presence of witnesses.

11

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

Section 1. That sections 1337.01, 1337.06, 1337.10, 5301.01,	12
5301.04, 5301.08, 5301.251, 5301.255, 5301.32, 5301.33, 5301.331,	13
5301.34, 5301.35, 5309.51, and 5309.75 of the Revised Code be	14
amended to read as follows:	15

Sec. 1337.01.  A power of attorney for the conveyance,	16
mortgage, or lease of any interest in real property must shall be	17
signed, attested, acknowledged, and certified as provided in	18
section 5301.01 of the Revised Code.	19

Sec. 1337.06.  A power of attorney for the transfer of	20
personal property or the transaction of business relating thereto	21
to the transfer of personal property, in order to be admitted to	22
record as provided in section 1337.07 of the Revised Code, must	23
shall be signed, witnessed, and acknowledged in the same manner as	24
deeds and mortgages under section 5301.01 of the Revised Code.	25
When so executed, acknowledged, and recorded, a copy of the record	26
thereof, certified by the county recorder, with his the recorder's	27
official seal affixed thereto to it, shall be received in all	28
courts and places within this state as prima-facie evidence of the	29
existence of such that instrument and as conclusive evidence of	30
the existence of such that record.	31

Sec. 1337.10.  The county recorder shall charge the same fee	32
for the recording of a power of attorney authorizing the transfer	33
of personal property or the transaction of business relating	34
thereto to the transfer of personal property, the indexing	35
thereof of that instrument, and for making a certified copy of the	36
record of such the instrument, as he that the recorder is allowed	37
by section 317.32 of the Revised Code to charge for like similar	38
services in regard to other instruments.	39

In a county in which the county recorder has determined to	40
use the microfilm process as provided by section 9.01 of the	41
Revised Code, the recorder may require that all cancellations,	42
releases, or other actions affecting recorded powers of attorney	43
be by separate instrument, signed, witnessed, and acknowledged as	44
provided by section 5301.01 of the Revised Code. The original	45
instrument bearing the proper endorsement may be used as such that	46
separate instrument. Any such cancellations, releases, or other	47
actions described in this section shall be recorded in the books	48
in which the powers of attorney were recorded. The fee for such	49
recordation shall be as set forth in this section.	50

Sec. 5301.01.  A deed, mortgage, land contract as referred to	51
in division (B)(2) of section 317.08 of the Revised Code, or lease	52
of any interest in real property and a memorandum of trust as	53
described in division (A) of section 5301.255 of the Revised Code	54
shall be signed by the grantor, mortgagor, vendor, or lessor in	55
the case of a deed, mortgage, land contract, or lease or shall be	56
signed by the settlor and trustee in the case of a memorandum of	57
trust. The signing shall be acknowledged by the grantor,	58
mortgagor, vendor, or lessor, or by the settlor and trustee, in	59
the presence of two witnesses, who shall attest the signing and	60
subscribe their names to the attestation. The signing shall be	61
acknowledged by the grantor, mortgagor, vendor, or lessor, or by	62
the settlor and trustee, before a judge or clerk of a court of	63
record in this state, or a county auditor, county engineer, notary	64
public, or mayor, who shall certify the acknowledgement and	65
subscribe his the official's name to the certificate of the	66
acknowledgement.	67

Sec. 5301.04.  A deed, mortgage, or lease of any interest of	68
a married person in real property must shall be signed, attested,	69
acknowledged, and certified as provided in section 5301.01 of the	70
Revised Code.	71

Sec. 5301.08.  Sections 5301.01 to 5301.45, inclusive, of the	72
Revised Code do not affect the validity of any lease of lands	73
appropriated by congress for the support of schools or for	74
ministerial purposes for any term not exceeding ten years or of	75
any other lands for any term not exceeding three years or require	76
such that lease to be attested, acknowledged, or recorded.	77

Sec. 5301.251.  In lieu of the recording of a lease, there	78
may be recorded a memorandum of such that lease, executed,	79
attested, and acknowledged in accordance with section 5301.01 of	80
the Revised Code which. The memorandum of lease shall contain the	81
names of the lessor and the lessee and their addresses as set	82
forth in said the lease, a reference to such the lease with its	83
date of execution, a description of the leased premises with such	84
certainty as to identify the property, including the reference	85
provided for in section 5301.011 of the Revised Code, and the term	86
of the lease, together with any rights of renewal or extension	87
thereof of the lease, and the date of commencement of the term or	88
the manner of determining the same commencement of the term as set	89
forth in such the lease.	90

A memorandum of lease thus that is entitled to be so recorded	91
may also may set forth any other provisions contained in the	92
lease, or the substance thereof of those provisions, and shall be	93
constructive notice of only that information contained in such the	94
memorandum.	95

Sections 317.08, 5301.251, and 5301.33 of the Revised Code	96
shall not be construed to affect the enforcibility enforceability,	97
validity, or legal effect of instruments recorded in said those	98
lease records prior to August 9, 1963.	99

Sec. 5301.255.  (A) A memorandum of trust that satisfies	100
both of the following may be presented for recordation in the	101
office of the county recorder of any county in which real property	102
that is subject to the trust is located:	103

(1) The memorandum shall be executed by the settlor and	104
trustee of the trust, attested by witnesses, and acknowledged by	105
the settlor and trustee of the trust in accordance with section	106
5301.01 of the Revised Code.	107

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

108

(a) The names and addresses of the settlor and trustee of	109
the trust;	110

(b) The date of execution of the trust;

111

(c) The powers specified in the trust relative to the	112
acquisition, sale, or encumbering of real property by the trustee	113
or the conveyance of real property by the trustee, and any	114
restrictions upon those powers.	115

(B) A memorandum of trust that satisfies divisions (A)(1)	116
and (2) of this section also may set forth the substance or actual	117
text of provisions of the trust that are not described in those	118
divisions.	119

(C) A memorandum of trust that satisfies divisions (A)(1)	120
and (2) of this section shall constitute notice only of the	121
information contained in it.	122

(D) Upon the presentation for recordation of a memorandum of	123
trust that satisfies divisions (A)(1) and (2) of this section and	124
the payment of the requisite fee prescribed in section 317.32 of	125
the Revised Code, a county recorder shall record the memorandum of	126
trust as follows:	127

(1) Unless division (D)(2) of this section applies, in the	128
record of deeds described in division (A) of section 317.08 of the	129
Revised Code, if the memorandum of trust describes specific real	130
property, or in the record of powers of attorney described in	131
division (C) of that section, if the memorandum of trust does not	132
describe specific real property;	133

(2) If the county recorder records instruments in accordance	134
with division (F) of section 317.08 of the Revised Code, in the	135
official records described in that division.	136

Sec. 5301.32.  A mortgage may be assigned or partially	137
released by a separate instrument of assignment or partial	138
release, acknowledged and witnessed as provided by section 5301.01	139
of the Revised Code. The separate instrument of assignment or	140
partial release shall be recorded in the book provided by section	141
5301.34 of the Revised Code for the recording of satisfactions of	142
mortgages, and the. The county recorder shall be entitled to	143
charge the fee for that recording as provided by section 317.32 of	144
the Revised Code for recording deeds. The signature of a person	145
on the assignment or partial release may be a facsimile of that	146
person's signature. A facsimile of a signature on an assignment	147
or partial release is equivalent to and constitutes the written	148
signature of the person for all requirements regarding mortgage	149
assignments or partial releases.	150

In a county in which the recorder has determined to use the	151
microfilm process as provided by section 9.01 of the Revised Code,	152
the recorder may require that all assignments and partial releases	153
of mortgages be by separate instruments. The original instrument	154
bearing the proper endorsement may be used as the separate	155
instrument.	156

An assignment of a mortgage shall contain the then current	157
mailing address of the assignee.	158

Sec. 5301.33.  Except in counties where deeds or other	159
separate instruments are required as provided in this section, a	160
lease, whether or not renewable forever, which that is recorded in	161
any county recorder's office, may be canceled or partially	162
released by the lessor and lessee, or assigned by either of them,	163
by writing such the cancellation, partial release, or assignment	164
on the original lease, or upon the margin of the record thereof of	165
the original lease, and by signing it. Such That cancellation,	166
partial release, or assignment need not be witnessed or	167
acknowledged, but if written on the margin of the record, the	168
signing thereof must shall be attested to by the recorder. Such	169
The assignment by the lessee, whether it is upon the lease, or	170
upon the margin of the record thereof of the lease, or by separate	171
instrument, shall transfer all interest held by the lessee under	172
the lease in the premises described therein in the lease, unless	173
otherwise stated in the lease or in the assignment. For copying	174
such the cancellation, partial release, or assignment upon the	175
margin of the record, if written upon the original instrument, or	176
for attesting it, if written upon the margin of the record, the	177
recorder shall charge the fee provided by section 317.32 of the	178
Revised Code for recording the assignment and satisfaction of	179
mortgages.	180

A lease, whether or not renewable forever, which that is	181
recorded in any county recorder's office, may also may be	182
canceled, partially released, or assigned by deed or by other	183
separate instrument acknowledged and witnessed as provided in	184
section 5301.01 of the Revised Code. Unless in the form of a	185
deed, a separate instrument of cancellation, partial release, or	186
assignment shall be recorded in the record of leases provided for	187
by section 317.08 of the Revised Code and the. The recorder shall	188
charge the fee for such that recording as provided in section	189
317.32 of the Revised Code for recording deeds.	190

When If a lease has been canceled, partially released, or	191
assigned by deed or by other separate instrument and such that	192
deed or other separate instrument recites the recorder's file	193
number of the original lease or the volume and page of the record	194
wherein in which the original lease is recorded, the recorder	195
shall note on the margin of the record of the original lease the	196
recorder's file number of such the deed or other separate	197
instrument or the volume and page of the record wherein in which	198
the same is recorded.	199

"Lessor" and "lessee" as used in this section include an	200
assignee of the interest of either. "Lease" as used in this	201
section includes a memorandum of lease provided for by section	202
5301.251 of the Revised Code. This section does not permit the	203
assignment of any lease whose if the assignment is prohibited by	204
the terms thereof of the lease.	205

In a county in which the county recorder has determined to	206
use the microfilm process as provided by section 9.01 of the	207
Revised Code, the recorder may require that all cancellations,	208
partial releases, and assignments of leases be by deed or other	209
separate instrument. The original instrument bearing the proper	210
endorsement may be used as such separate instrument.	211

Sec. 5301.331.  Except in counties where deeds or other	212
instruments are required as provided in this section, a land	213
contract which that is recorded in the office of the county	214
recorder may be cancelled, partially released by the vendor and	215
vendee, or assigned by either of them by writing such the	216
cancellation, partial release, or assignment on the original land	217
contract or upon the margin of the record thereof of the original	218
land contract, and by signing it. Such That cancellation, partial	219
release, or assignment need not be witnessed or acknowledged, but	220
if written on the margin of the record, the signing thereof must	221
shall be attested to by the county recorder. Such The assignment	222
by the vendee, whether it is on the land contract or upon the	223
margin of the record thereof of that contract, or by separate	224
instrument, shall transfer the right held by the vendee under the	225
land contract in the premises described therein in the contract	226
unless otherwise stated in the land contract or in the assignment.	227
For copying such the cancellation, partial release, or assignment	228
upon the margin of the record, or for attesting it, if written	229
upon the margin of the record, the recorder shall charge the fee	230
provided by section 317.32 of the Revised Code for recording the	231
assignment and satisfaction of mortgages.	232

A land contract which that is recorded in the office of the	233
county recorder may also be cancelled, partially released, or	234
assigned by deed or by other separate instrument, acknowledged and	235
witnessed as provided in section 5301.01 of the Revised Code.	236
Unless in the form of a deed, a separate instrument of	237
cancellation, partial release, or assignment shall be recorded in	238
the book provided by section 5301.34 of the Revised Code for	239
recording satisfactions of mortgages, and the. The recorder shall	240
charge the fee for such that record as provided for in section	241
317.32 of the Revised Code for record fees.	242

When If a land contract has been cancelled, partially	243
released, or assigned by deed or other separate instrument, and	244
such that deed or other separate instrument recites the recorder's	245
file number of the original land contract or the volume and page	246
of the record wherein in which the original land contract is	247
recorded, the recorder shall note on the margin of the original	248
land contract the recorder's file number of such the deed or other	249
separate instrument or the volume and page of the record wherein	250
in which the same is recorded.	251

"Vendor" and "Vendee" as used in this section include an	252
assignee of the interest of either. This section does not permit	253
the assignment of any land contract whose if the assignment is	254
prohibited by the terms thereof of the land contract.	255

In a county where the county recorder has determined to use	256
the microfilm process as provided by section 9.01 of the Revised	257
Code, the recorder may require that all cancellations, partial	258
releases, and assignments of land contracts be by deed or other	259
separate instrument. The original instrument bearing the proper	260
endorsement may be used as such separate instrument.	261

Sec. 5301.34.  A mortgage must shall be discharged upon the	262
record thereof of the mortgage by the county recorder when there	263
is presented to him the county recorder a certificate executed by	264
the mortgagee or his the mortgagee's assigns, acknowledged and	265
witnessed as provided in section 5301.01 of the Revised Code, or	266
when there is presented to him the recorder a deed of release	267
executed by the governor as provided in section 5301.19 of the	268
Revised Code, certifying that the mortgage has been fully paid and	269
satisfied. In addition to the discharge on the records by the	270
recorder, such certificate shall be recorded in a book kept for	271
that purpose by the recorder. Such The recorder is entitled to the	272
fees for such recording as provided by section 317.32 of the	273
Revised Code for recording deeds.	274

Sec. 5301.35.  The priority of the lien of a mortgage may be	275
waived to the extent specified by the holder thereof of the lien	276
in favor of any lien, mortgage, lease, easement, or other interest	277
in the property covered by the mortgage, by writing such the	278
waiver of priority on the original mortgage and signing it, by	279
writing such the waiver of priority upon the margin of the record	280
of said that mortgage and signing it, or by a separate instrument	281
acknowledged and witnessed as provided by section 5301.01 of the	282
Revised Code. Such That waiver, when recorded upon the margin of	283
the record of such the mortgage, or when recorded as a separate	284
instrument, is constructive notice to all persons dealing with	285
either the property described in said that mortgage or the	286
mortgage itself from the date of filing said the waiver for	287
record. Such The waiver, if written upon said the mortgage or upon	288
the margin of the record thereof of the mortgage, need not be	289
acknowledged or witnessed, but if written upon the margin of the	290
record, the signing must shall be attested by the county recorder.	291

If said the waiver of priority is by separate instrument, it	292
shall be recorded in the book provided by section 5301.34 of the	293
Revised Code for the recording of satisfactions of mortgages. For	294
such the recording, the county recorder may charge the fee as	295
provided by section 317.32 of the Revised Code for recording	296
deeds. For entering any such waiver of priority upon the margin	297
of the record of said the mortgage, or for attesting it, the	298
recorder is entitled to the fees for recording such those waivers	299
of priority as that are charged for assignments or satisfactions	300
of mortgages under section 317.32 of the Revised Code.	301

In a county in which the county recorder has determined to	302
use the microfilm process as provided by section 9.01 of the	303
Revised Code, the recorder may require that all waivers of	304
priority of mortgages be made by separate instrument. The	305
original instrument bearing the proper indorsement endorsement may	306
be used as such separate instrument.	307

Sec. 5309.51.  The holder of any mortgage, encumbrance,	308
lease, charge, or lien upon registered land may execute to a	309
transferee an assignment for the whole or any part thereof of the	310
mortgage, encumbrance, lease, charge, or lien, by indorsement	311
endorsement of such the assignment on the original instrument of	312
encumbrance, the holder's duplicate, the mortgagee's certified	313
copy of a mortgage, or by a separate instrument witnessed and	314
acknowledged as required by section 5301.01 of the Revised Code.	315
The assignment of only a part only must of the mortgage,	316
encumbrance, lease, charge, or lien shall state whether the part	317
transferred is to be given priority, be deferred, or rank equally	318
with the remaining part. When such that assignment is filed with	319
the county recorder and the assignor produces the instrument of	320
encumbrance which he that the assignor holds, if such that	321
instrument is the original instrument or one of the original	322
duplicates thereof of the instrument, and in the case of a	323
mortgage when the assignor produces the "mortgagee's certified	324
copy," if such that copy was issued and delivered, the recorder,	325
being satisfied that the assignment is properly made and should be	326
registered, shall register such the assignment by entering a	327
memorial of the part transferred, the date of transfer, the name,	328
residence, and post-office address of the transferee, how such the	329
part transferred is to rank with the remaining part, and the file	330
number upon the register where such in which the instrument	331
creating the charge is registered, and in case of assignment by	332
separate instrument, upon the original instrument. On the	333
instrument of assignment the The recorder shall indorse endorse on	334
the instrument of assignment the exact time of filing and the	335
volume and folium of the register where in which the assignment is	336
registered. If the original instrument of encumbrance, or one of	337
the duplicates thereof of the instrument, is recorded, the	338
assignee may, on payment of the recorder's fees therefor, may have	339
such that assignment copied on the margin of the record of the	340
instrument assigned, or copied in a separate volume and noted on	341
the margin of the record of the instrument assigned, if the	342
recorder keeps any such separate volume for the record of	343
assignments and transfer, the transfers. The record of such that	344
assignment to shall be noted on the indexes of the instrument	345
assigned. If the original instrument of encumbrance or one of the	346
original duplicates thereof of the instrument, indorsed endorsed	347
by the recorder, or a mortgagee's certified copy of the mortgage,	348
is outstanding in the hands of the encumbrancer, lessee, or their	349
assigns, no entry or memorial of an assignment or transfer of such	350
that instrument or security of any part thereof of the instrument	351
shall be made by the recorder without the production of such the	352
original instrument, or the indorsed endorsed original duplicate	353
thereof of the instrument, or the mortgagee's certified copy.	354

Waivers of the priority of lien of mortgages may be	355
registered subject to the requirements of this section as to	356
assignments.	357

Sec. 5309.75.  The deed or instrument constituting a person	358
an attorney in fact shall contain:	359

(A) The full name of the party appointing, and of the person	360
appointed, and the residence and post-office address of each;	361

(B) The number of the outstanding certificate of title, and	362
the volume and folium of the register;	363

(C) A description of the land, which that shall be the same	364
as given in the certificate of title;	365

(D) A brief statement of the powers conferred upon the	366
attorney in fact.	367

Such That deed or instrument shall be signed by the person	368
making it and witnessed and acknowledged as provided in section	369
5301.01 of the Revised Code.	370

Section 2. That existing sections 1337.01, 1337.06, 1337.10,	371
5301.01, 5301.04, 5301.08, 5301.251, 5301.255, 5301.32, 5301.33,	372
5301.331, 5301.34, 5301.35, 5309.51, and 5309.75 and section	373
5301.234 of the Revised Code are hereby repealed.	374