If a supersedeas bond has been executed and filed and the surety is one other than a surety company, the clerk of the court with which the bond has been filed, upon request, shall issue a certificate that sets forth the fact that the bond has been filed and that states the style and number of the appeal, the amount of the bond, and the sureties on it. Such a certificate may be filed in the office of the county recorder of any county in which the sureties may own land, and, when filed, the bond shall be a lien upon the land of the sureties in such county. The lien shall be extinguished upon the satisfaction, reversal, or vacation of the final order, judgment, or decree involved, or by an order of the court that entered the final order, judgment, or decree, that releases the lien or releases certain land from the operation of the lien.
The clerk shall issue a notice of discharge of such a lien, which shall be filed in the office of any county recorder in whose office the certificate of lien was filed. Such notice shall state that the final order, judgment, or decree involved is satisfied, reversed, or vacated, or that an order has been entered that releases the lien or certain land from the operation of the lien. The county recorder shall properly record the certificates and notices in the official records provided for in section 317.08 of the Revised Code and shall index them in the indexes provided for in section 317.18 of the Revised Code.
The fee for issuing such a certificate or notice shall be as provided by law, and shall be taxed as part of the costs of the appeal. A county recorder shall receive a base fee of fifty cents for filing and indexing such a certificate, and a housing trust fund fee of fifty cents pursuant to section 317.36 of the Revised Code.
Amended by 130th General Assembly File No. TBD, HB 72, §1, eff. 1/30/2014.
Effective Date: 08-01-2003