Ohio Revised Code Search
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Section 5301.30 | Expiration of mortgage lien - limitation.
... the stated maturity date of the principal sum, if a stated date of maturity is provided in the mortgage, whichever is later, secured as shown in the record of such mortgage, does not give notice to or put on inquiry any person dealing with the land described in such mortgage that such mortgage debt remains unpaid or has been extended or renewed. As to subsequent bona fide purchasers, mortgagees, and other persons de... |
Section 5301.31 | Assignment or partial release in margin of original record.
...nstrument 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, but, if it is writt... |
Section 5301.32 | Assignment or partial release by separate instrument.
...A mortgage may be assigned or partially released by a separate instrument of assignment or partial release, acknowledged as provided by section 5301.01 of the Revised Code. The separate instrument of assignment or partial release shall be recorded in the county recorder's official records. The county recorder shall be entitled to charge the fee for that recording as provided by section 317.32 of the Revised Co... |
Section 5301.33 | Cancellation, release, and assignment of leases.
...order's office, may be canceled or partially released by the lessor and lessee, or assigned by either of them, by writing the cancellation, partial release, or assignment on the original lease, or upon the margin of the record of the original lease, and by signing it. That cancellation, partial release, or assignment need not be acknowledged, but if written on the margin of the record, the signing shall be atte... |
Section 5301.331 | Land contract cancellation, partial release, or assignment.
...county recorder may be cancelled, partially released by the vendor and vendee, or assigned by either of them by writing the cancellation, partial release, or assignment on the original land contract or upon the margin of the record of the original land contract, and by signing it. That cancellation, partial release, or assignment need not be acknowledged, but if written on the margin of the record, the signing... |
Section 5301.332 | Forfeiture for failure of lessee, successors or assigns to abide by specifically described covenants.
...(A)(1) Whenever leases of natural gas and oil lands recorded under section 5301.09 of the Revised Code concerning lands upon which there are no producing or drilling oil or gas wells become forfeited for failure of the lessee or the lessee's successors or assigns to abide by specifically described covenants provided for in the lease, or because the term of the lease has expired, the lessor or the lessor's succe... |
Section 5301.34 | Release of mortgage on certificate of mortgagee or assignee.
...A mortgage shall be discharged upon the record of the mortgage by the county recorder when there is presented to the county recorder a certificate executed by the mortgagee or the mortgagee's assigns, acknowledged as provided in section 5301.01 of the Revised Code, or when there is presented to the recorder a deed of release executed by the governor as provided in section 5301.19 of the Revised Code, certifying... |
Section 5301.35 | Waiver of priority of mortgages - execution and recording - fees.
...ng the waiver of priority on the original mortgage and signing it, by writing the waiver of priority upon the margin of the record of that mortgage and signing it, or by a separate instrument acknowledged as provided by section 5301.01 of the Revised Code. That waiver, when recorded upon the margin of the record of the mortgage, or when recorded as a separate instrument, is constructive notice to all persons d... |
Section 5301.36 | Entry of satisfaction.
...ty recorder has elected to require that all satisfactions of mortgages be recorded by separate instrument as allowed under section 5301.28 of the Revised Code, when recording a mortgage, county recorders shall leave space on the margin of the record for the entry of satisfaction, and record therein the satisfaction made on the mortgage, or permit the owner of the claim secured by the mortgage to enter such satisfacti... |
Section 5301.361 | Unreleased mortgages; liability for damages for failure to record.
...) With respect to an unreleased commercial mortgage that has been satisfied more than ninety days prior to the effective date of this section, but not recorded, the mortgagee shall not be subject to a civil action or damages as described in division (C) of section 5301.36 of the Revised Code. (2) The current owner of the real property to which such a mortgage pertains shall provide the mortgagee the written notice ... |
Section 5301.37 | Recording of separate instruments.
...uments so recorded, such transactions shall be effected by separate instruments executed and recorded according to law. |
Section 5301.38 | Record of patents, copies, and exemplifications.
...such patents, certified under the official seal of the commissioner of the general land office of the United States, and exemplifications of the record of the general land office of any patent recorded there, may be recorded in the office of the county recorder of the county in which such lands, or a part thereof, are situated. The recorder shall be paid the fees for recording such patents as provided in section 317... |
Section 5301.39 | When court to order clerk to make entry on record of mortgage.
...of title, or partition of lands, the final judgment, order, or decree in which is to release or declare such mortgage or other lien void, in whole or in part, or require the judicial sale of property included in the mortgage or other lien, in case of failure to pay the amount secured thereby, or when the title has been changed by judgment or decree, or partition made and confirmed between tenants in common, at the re... |
Section 5301.40 | Mortgage or lien satisfied by suit.
... in whole or in part, by a judgment, final order, or decree, the clerk of the court in which the proceedings are had shall enter upon the record of the mortgage or other lien, in the county recorder's office where it is recorded, a memorandum of the character of the proceedings, giving also the volume and page of the record where they are recorded. The clerk may tax in the bill of costs the fees of the recorder prov... |
Section 5301.41 | Effect of reversal of judgment.
...If the final judgment, order, or decree referred to in section 5301.39 of the Revised Code, upon which the entry of release, satisfaction, change of title, or partition is based, or in which the order for release, satisfaction, or record is included, is reversed, vacated, or modified, such reversal, vacation, or modification, so far as it applies to such memorandum, release, or satisfaction of such mortgage or other ... |
Section 5301.42 | Effect of entry by clerk.
...Sections 5301.39 to 5301.41, inclusive, of the Revised Code do not give to any judgment, order, or decree an effect, by reason of the entry thereof in the county recorder's office, other than that which it would have had without such entry. |
Section 5301.43 | Certified copy of record of instrument as evidence.
...d by the county recorder with his official seal affixed thereto, shall be received in all courts and places within this state, as prima-facie evidence of the existence of such instrument, and as conclusive evidence of the existence of such record. |
Section 5301.44 | Certified copy of record in action to cure defects.
...When a conveyance of real estate has been executed in which there is a mistake, defect, or omission in the description of the lands, execution, acknowledgment, or otherwise, and it has been recorded in the county recorder's office of the county where the lands are or were situated at the time of such record, the record or a certified copy thereof in an action to cure or supply such defect, mistake, or omission, or to... |
Section 5301.45 | Instrument executed and acknowledged upon different sheets.
... to convey or encumber an interest in real estate is not printed or written on a single sheet, or when the certificate of acknowledgment thereof is not printed or written on the same sheet with the instrument, and such defective conveyance is corrected by the judgment of a court, or by the voluntary act of the parties thereto, such judgment or act shall relate back so as to be operative from the time of filing the or... |
Section 5301.46 | Assignment, release, or cancellation of interest made by separate instrument to contain description.
... in which was created the interest in real property that is being assigned, released, or canceled. (B) In any county that maintains sectional indexes pursuant to section 317.20 of the Revised Code, each assignment, release, or cancellation of an interest in real property that is made by a separate instrument shall contain a description of the real property that is subject to the interest sufficient to enable the cou... |
Section 5301.47 | Marketable title definitions.
...cords" includes probate and other official public records, as well as records in the office of the recorder of the county in which all or part of the land is situate. (C) "Recording," when applied to the official public records of the probate or other court, includes filing. (D) "Person dealing with land" includes a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land co... |
Section 5301.48 | Unbroken chain of title of record.
...Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for forty years or more, has a marketable record title to such interest as defined in section 5301.47 of the Revised Code, subject to the matters stated in section 5301.49 of the Revised Code. A person has such an unbroken chain of title when the official public records disclose a conv... |
Section 5301.49 | Record marketable title.
...Such record marketable title shall be subject to: (A) All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided that a general reference in such muniments, or any of them, to easements, use restrictions, or other interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorde... |
Section 5301.50 | Interests prior to effective date of root of title.
...ed Code, such record marketable title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title. All such interests, claims, or charges, however denominated, whether legal or equitable, presen... |
Section 5301.51 | Preservation of interest in land.
...ant or by any other person acting on behalf of any claimant who is: (1) Under a disability; (2) Unable to assert a claim on his own behalf; or (3) One of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record. (B) If the same record owner of any possessory interest in land has been in possession of the land continuously for a period of forty years or... |