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Am. H. B. No. 470As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Faber, Grendell, Willamowski, Seitz, Manning, Womer Benjamin, Hughes, Callender, Schmidt, Coates
A BILL
To amend sections 5302.05, 5302.07, 5302.09,
5302.11,
5302.12, 5302.17, and 5302.22 of the
Revised Code
to modify the statutory forms of
certain real
property instruments and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5302.05, 5302.07, 5302.09,
5302.11,
5302.12, 5302.17, and 5302.22 of the Revised Code be
amended to
read as follows:
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,
the grantee's heirs,
assigns,
and
successors, to
the grantee's and
the
grantee's heirs',
assigns', and successors' own use, with
covenants on
the part
of
the grantor with the grantee,
the
grantee's heirs,
assigns, and
successors, that, at the time of the
delivery of
that deed
the
grantor was
lawfully seized in
fee
simple of the granted premises,
that the
granted premises were
free from all encumbrances, that
the
grantor had
good right to
sell and convey the same to the
grantee and
the
grantee's
heirs, assigns, and successors, and
that
the grantor does
warrant and will
defend the same to the
grantee and
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)
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Prior Instrument Reference: |
Volume ....., Page ..... |
..............., wife (husband) of the grantor, releases all
rights of dower
therein. Executed
before me on
this ...............
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.
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............................... |
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(Signature of
Judge or Officer |
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Taking the Acknowledgment
Grantor) |
(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,
the grantee's heirs,
assigns,
and
successors, to
the grantee's and
the
grantee's heirs',
assigns', and successors' own use, with
covenants on
the part
of
the grantor with the grantee,
the
grantee's heirs,
assigns, and
successors, that, at the time of the
delivery of
that deed the
premises were free from all
encumbrances made by
the
grantor, and
that
the grantor
does
warrant and will defend the same to the
grantee and
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)
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Prior Instrument Reference: |
Volume ....., Page ..... |
..........., wife (husband) of said grantor, releases to said
grantee all
rights of dower therein. Executed
before me on
this ...............
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.
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............................... |
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(Signature of
Judge or Officer |
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Taking the Acknowledgment
Grantor) |
(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,
the grantee's heirs,
assigns,
and
successors, to
the grantee's and
the
grantee's heirs',
assigns', and successors' own use, with
covenants on
the part
of
the grantor with the grantee,
the
grantee's heirs,
assigns, and
successors, that, at the time of the
delivery of
that deed,
the
grantor
was duly appointed,
qualified, and acting in the fiduciary
capacity described in
that
deed, and was duly authorized to make
the sale and conveyance
of
the premises; that in all of
the
grantor's
proceedings in
the
sale
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)
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Prior Instrument Reference: |
Volume ....., Page ..... |
Executed
before me on
this ...............
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.
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............................... |
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(Signature of
Judge or Officer |
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Taking the Acknowledgment
Grantor) |
(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,
the grantee's heirs,
assigns,
and
successors, and to
the grantee's and
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. Executed
before me on
this ...............
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.
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............................... |
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(Signature of
Judge or Officer |
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Taking the Acknowledgment
Grantor) |
(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
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. Executed
before me on
this ...............
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.
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............................... |
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(Signature of
Judge or Officer |
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Taking the Acknowledgment
Mortgagor) |
(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
the
survivor's or
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. Executed
before me on
this ...............
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.
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............................... |
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(Signature of
Judge or Officer |
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Taking the Acknowledgment
Grantor) |
(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. Executed
before me on
this ...............
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.
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............................... |
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(Signature of
Judge or Officer |
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Taking the Acknowledgment
Grantor) |
(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.
Section 2. That existing sections 5302.05, 5302.07, 5302.09,
5302.11,
5302.12, 5302.17, and 5302.22 of the Revised Code are
hereby
repealed.
Section 3. Sections 1 and 2 of this act shall go into effect on February 1, 2002.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
preclude any potential confusion that may arise from an
interpretation of the amendments made to sections 5302.05,
5302.07, 5302.09, 5302.11, 5302.12, 5302.17, and 5302.22 of the
Revised Code by Sub. H.B. 279 of the 124th General Assembly, which
goes into effect on February 1, 2002. Therefore, this act shall go
into immediate effect.
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