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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Real Property Successor Trustee Affidavit
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Section 5302.06 | General warranty covenants meaning and effect.

...th the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that he has good right to sell and convey the same, and that he does warrant and will defend the same to the grantee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons."

Section 5302.07 | Limited warranty deed form.

...ress 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. Executed this _______________ day of __________________ ______________________________ (Signature of Grantor)...

Section 5302.08 | Limited warranty covenants meaning and effect.

...th the grantee, his heirs, assigns, and successors, that the granted premises are free from all encumbrances made by the grantor, and that he does warrant and will defend the same to the grantee and his 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."

Section 5302.09 | Deed of executor, administrator, trustee, guardian, receiver, or commissioner form.

...ddress is _________, the following real property: (description of land or interest therein and encumbrances, reservations, and exceptions, if any) Prior Instrument Reference: Volume _____, Page _____ Executed this _______________ day of ________________ _______________________________ (Signature of Grantor) (Execution in accordance with Chapter 5301. of the Revised Code)"

Section 5302.10 | Fiduciary covenants meaning and effect.

...th the grantee, his heirs, assigns, and successors, that he is duly appointed, qualified, and acting in the fiduciary capacity described in such deed, and is duly authorized to make the sale and conveyance of the granted premises, and that in all of his proceedings in the sale thereof he has complied with the requirements of the statutes in such case provided."

Section 5302.11 | Quit-claim deed form.

...dress 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 this _______________ day of ___________ _______________________________ (Signature of Grantor) (Execution in...

Section 5302.12 | Mortgage form.

...nt 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 _________________ doll...

Section 5302.13 | Mortgage covenants meaning and effect.

...e mortgagee and his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that the mortgagor has good right to sell and convey the same; and that he does warrant and will defend the same to the mortgagee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons."

Section 5302.14 | Statutory condition meaning and effect.

... executors, administrators, assigns, or successors, shall pay unto the mortgagee or his executors, administrators, assigns, or successors, the principal and interest secured by the mortgage, and shall perform all other obligations secured by the mortgage, and shall perform the condition of any prior mortgage, and until such payment and performance shall pay when due and payable all taxes and assessments on the mortga...

Section 5302.15 | Master mortgage form.

...n the same manner as mortgages of real property.

Section 5302.16 | Master mortgage form incorporated by reference.

...ed by reference in any mortgage of real property situated in the county where such master mortgage form is recorded, by stating in such mortgage the volume and page number of the record of mortgages where such master mortgage form is recorded, and, if only a part of such master mortgage form is to be incorporated in the mortgage, the part or parts to be excluded. A copy of such master mortgage form shall be furnished...

Section 5302.17 | Survivorship deed form.

...tion 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 record any certificate or affidavit so filed in the official records. When...

Section 5302.18 | Grantor also a grantee.

...A deed in which a grantor is also a grantee is effective to convey the interest in the title of the grantor or grantors to all of the grantees in the proportion and manner indicated in the deed.

Section 5302.19 | Tenancy in common.

...e Revised Code, if any interest in real property is conveyed or devised to two or more persons, such persons hold title as tenants in common and the joint interest created is a tenancy in common.

Section 5302.20 | Survivorship tenancy.

...e Revised Code, if any interest in real property is conveyed or devised to two or more persons for their joint lives and then to the survivor or survivors of them, those persons hold title as survivorship tenants, and the joint interest created is a survivorship tenancy. Any deed or will containing language that shows a clear intent to create a survivorship tenancy shall be liberally construed to do so. The use of th...

Section 5302.21 | Prior tenancy by the entireties or survivorship tenancy.

...t affect conveyances or devises of real property to two or more persons for their joint lives and then to the survivor or survivors of them, that occurred prior to the effective date of this section and that did not involve tenancies by the entireties. These conveyances and devises, if they are valid on the effective date of this section, continue to be valid on and after that date. Unless persons so holding property...

Section 5302.221 | Transfer on death deed medicaid estate recovery form.

...survives the deceased owner of the real property or an interest in the real property or that is in existence on the date of death of the deceased owner, or that beneficiary's representative is to indicate both of the following: (1) Which of the following applies to the deceased owner: (a) The deceased owner had been a medicaid recipient. (b) The deceased owner had never been a medicaid recipient. (c) The benefici...

Section 5302.23 | Designating transfer on death beneficiary.

...ncluding, but not limited to, a bank as trustee of a trust, except that if two or more transfer on death beneficiaries are designated as survivorship tenants, all of those beneficiaries shall be natural persons and if two or more contingent transfer on death beneficiaries are designated as survivorship tenants, all of those contingent beneficiaries shall be natural persons. A natural person who is designated a transf...

Section 5302.24 | Affect of R.C. 5302.22, 5302.222, and 5302.23.

...execute a transfer on death designation affidavit that designates the same transfer on death beneficiary or beneficiaries as in the deed unless the grantee chooses to do so.

Section 5302.30 | Property disclosure form required for all residential real property transfers.

...to a writ of execution, a transfer by a trustee in bankruptcy, a transfer as a result of the exercise of the power of eminent domain, and a transfer that results from a decree for specific performance of a contract or other agreement between persons; (b) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclosure or in satisfaction of the mortgage debt; (c) A transfer to a beneficiary of a deed of trust...

Section 5302.31 | Private selling officer's deed; form.

...cense # ______________________________ Real Estate Broker License #______________________________ (Execution in accordance with Chapter 5301. of the Revised Code)"

Section 5303.01 | Action to quiet title.

...ought by a person in possession of real property, by himself or tenant, against any person who claims an interest therein adverse to him, for the purpose of determining such adverse interest. Such action may be brought also by a person out of possession, having, or claiming to have, an interest in remainder or reversion in real property, against any person who claims to have an interest therein, adverse to him, fo...

Section 5303.02 | Vendee may recoup.

...ctions to recover the purchase money of real estate by vendor against vendee, the vendee, notwithstanding his continued possession, may by way of counterclaim set up any breach of the covenants of title acquired by him from the plaintiff, and make any person claiming an adverse interest therein a party to the action. Upon the hearing, he may recoup against the plaintiff's demand the present worth of any existing lien...

Section 5303.03 | Petition in action for land.

...In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled to the possession thereof, describing it with such certainty as to identify the property, and that the defendant unlawfully keeps him out of the possession. It is not necessary to state how the plaintiff's estate or ownership is derived.

Section 5303.04 | Answer to action for land.

...In an action for the recovery of real property, it is sufficient if in his answer the defendant denies generally the title alleged in the petition, or that he withholds the possession. If he denies the title only, possession by him shall be taken as admitted. When he does not defend for the whole premises, the answer shall describe the particular part for which defense is made. The defendant also may set forth in h...