Effective: July 1, 2001
Latest Legislation: Senate Bill 74 - 124th General Assembly
(A) If a security agreement covers both personal and real property, a secured party may proceed:
(1) Under sections 1309.601 to 1309.628 of the Revised Code as to the personal property without prejudicing any rights with respect to the real property; or
(2) As to both the personal property and the real property, in accordance with the rights with respect to the real property, in which case the other provisions of sections 1309.601 to 1309.628 of the Revised Code do not apply.
(B) Subject to division (C) of this section, if a security agreement covers goods that are or become fixtures, a secured party may proceed:
(1) Under sections 1309.601 to 1309.628 of the Revised Code; or
(2) In accordance with the rights with respect to real property, in which case the other provisions of sections 1309.601 to 1309.628 of the Revised Code do not apply.
(C) Subject to the other provisions of sections 1309.601 to 1309.628 of the Revised Code, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.
(D) A secured party who removes collateral shall reimburse promptly any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1309 | Secured Transactions
Section 1309.101 | Short Title - Section Numbering - Ucc 9-101.
Section 1309.102 | Definitions and Index of Definitions - Ucc 9-102.
Section 1309.104 | Control of Deposit Account - Ucc 9-104.
Section 1309.105 | Control of Electronic Chattel Paper - Ucc 9-105.
Section 1309.106 | Control of Investment Property - Ucc 9-106.
Section 1309.107 | Control of Letter-of-Credit Right - Ucc 9-107.
Section 1309.108 | Sufficiency of Description - Ucc 9-108.
Section 1309.109 | Scope of Chapter - Ucc 9-109.
Section 1309.110 | Security Interests Arising Under Article 2 or 2a - Ucc 9-110.
Section 1309.201 | General Effectiveness of Security Agreement - Ucc 9-201.
Section 1309.202 | Title to Collateral Immaterial - Ucc 9-202.
Section 1309.204 | After-Acquired Property - Future Advances - Ucc 9-204.
Section 1309.205 | Use or Disposition of Collateral Permissible - Ucc 9-205.
Section 1309.206 | Security Interest Arising in Purchase or Delivery of Financial Asset - Ucc 9-206.
Section 1309.208 | Additional Duties of Secured Party Having Control of Collateral - Ucc 9-208.
Section 1309.301 | Law Governing Perfection and Priority of Security Interests - Ucc 9-301.
Section 1309.302 | Law Governing Perfection and Priority of Agricultural Liens - Ucc 9-302.
Section 1309.307 | Location of Debtor - Ucc 9-307.
Section 1309.309 | Security Interest Perfected Upon Attachment - Ucc 9-309.
Section 1309.312 | Perfection of Security Interests - Ucc 9-312.
Section 1309.314 | Perfection by Control - Ucc 9-314.
Section 1309.315 | Secured Party's Rights on Disposition of Collateral and in Proceeds - Ucc 9-315.
Section 1309.320 | Buyer of Goods - Ucc 9-320.
Section 1309.323 | Future Advances - Ucc 9-323.
Section 1309.324 | Priority of Purchase-Money Security Interests - Ucc 9-324.
Section 1309.325 | Priority of Security Interests in Transferred Collateral - Ucc 9-325.
Section 1309.326 | Priority of Security Interests Created by New Debtor - Ucc 9-326.
Section 1309.327 | Priority of Security Interests in Deposit Account - Ucc 9-327.
Section 1309.328 | Priority of Security Interests in Investment Property - Ucc 9-328.
Section 1309.329 | Priority of Security Interests in Letter-of-Credit Right - Ucc 9-329.
Section 1309.330 | Priority of Purchases of Chattel Paper or Instrument - Ucc 9-330.
Section 1309.332 | Transfer of Money - Transfer of Funds From Deposit Account - Ucc 9-332.
Section 1309.333 | Priority of Certain Liens Arising by Operation of Law - Ucc 9-333.
Section 1309.334 | Priority of Security Interests in Fixtures and Crops - Ucc 9-334.
Section 1309.335 | Accessions - Ucc 9-335.
Section 1309.336 | Commingled Goods - Ucc 9-336.
Section 1309.339 | Priority Subject to Subordination - Ucc 9-339.
Section 1309.341 | Bank's Rights and Duties With Respect to Deposit Account - Ucc 9-341.
Section 1309.401 | Alienability of Debtor's Rights - Ucc 9-401.
Section 1309.402 | Secured Party Not Obligated on Contract of Debtor or in Tort - Ucc 9-402.
Section 1309.403 | Agreement Not to Assert Defenses Against Assignee - Ucc 9-403.
Section 1309.404 | Rights Acquired by Assignee - Claims and Defenses Against Assignee - Ucc 9-404.
Section 1309.405 | Modification of Assigned Contract - Ucc 9-405.
Section 1309.406 | Discharge of Account Debtor - Ucc 9-406.
Section 1309.409 | Restrictions on Assignment of Letter-of-Credit Rights Ineffective - Ucc 9-409.
Section 1309.501 | Filing Office - Ucc 9-501.
Section 1309.503 | Name of Debtor and Secured Party - Ucc 9-503.
Section 1309.504 | Indication of Collateral - Ucc 9-504.
Section 1309.506 | Effect of Errors or Omissions - Ucc 9-506.
Section 1309.507 | Effect of Certain Events on Effectiveness of Financing Statement - Ucc 9-507.
Section 1309.509 | Persons Entitled to File a Record - Ucc 9-509.
Section 1309.510 | Effectiveness of Filed Record - Ucc 9-510.
Section 1309.511 | Secured Party of Record - Ucc 9-511.
Section 1309.512 | Amendment of Financing Statement - Ucc 9-512.
Section 1309.513 | Termination Statement - Ucc 9-513.
Section 1309.514 | Assignment of Powers of Secured Party of Record - Ucc 9-514.
Section 1309.516 | What Constitutes Filing - Effectiveness of Filing - Ucc 9-516.
Section 1309.517 | Effect of Indexing Errors - Ucc 9-517.
Section 1309.518 | Claim Concerning Inaccurate or Wrongfully Filed Record - Ucc 9-518.
Section 1309.520 | Acceptance and Refusal to Accept Record - Ucc 9-520.
Section 1309.521 | Uniform Form of Written Financing Statement and Amendment - Ucc 9-521.
Section 1309.522 | Maintenance and Destruction of Records - Ucc 9-522.
Section 1309.523 | Information From Filing Office - Sale or License of Records - Ucc 9-523.
Section 1309.524 | Delay by Filing Office - Ucc 9-524.
Section 1309.525 | Fees - Ucc 9-525.
Section 1309.526 | Filing-Office Rules - Ucc 9-526.
Section 1309.527 | Duty to Report - Ucc 9-527.
Section 1309.528 | Corporate and Uniform Commercial Code Filing Fund - Ucc 9-528.
Section 1309.529 | Distributions of Fees to County Recorders - Ucc 9-529.
Section 1309.602 | Waiver and Variance of Rights and Duties - Ucc 9-602.
Section 1309.603 | Agreement on Standards Concerning Rights and Duties - Ucc 9-603.
Section 1309.604 | Procedure if Security Agreement Covers Real Property or Fixtures - Ucc 9-604.
Section 1309.605 | Unknown Debtor or Secondary Obligor - Ucc 9-605.
Section 1309.606 | Time for Default for Agricultural Lien - Ucc 9-606.
Section 1309.607 | Collection and Enforcement by Secured Party - Ucc 9-607.
Section 1309.609 | Secured Party's Right to Take Possession After Default - Ucc 9-609.
Section 1309.610 | Disposition of Collateral After Default - Ucc 9-610.
Section 1309.611 | Notification Before Disposition of Collateral - Ucc 9-611.
Section 1309.612 | Timeliness of Notification Before Disposition of Collateral - Ucc 9-612.
Section 1309.616 | Explanation of Calculation of Surplus or Deficiency - Ucc 9-616.
Section 1309.617 | Rights of Transferee of Collateral - Ucc 9-617.
Section 1309.618 | Rights and Duties of Certain Secondary Obligors - Ucc 9-618.
Section 1309.619 | Transfer of Record or Legal Title - Ucc 9-619.
Section 1309.621 | Notification of Proposal to Accept Collateral - Ucc 9-621.
Section 1309.622 | Effect of Acceptance of Collateral - Ucc 9-622.
Section 1309.623 | Right to Redeem Collateral - Ucc 9-623.
Section 1309.624 | Waiver - Ucc 9-624.
Section 1309.625 | Remedies for Secured Party's Failure to Comply With Chapter - Ucc 9-625.
Section 1309.626 | Action in Which Deficiency or Surplus Is in Issue - Ucc 9-626.
Section 1309.627 | Determination of Whether Conduct Was Commercially Reasonable - Ucc 9-627.
Section 1309.702 | Savings Clause - Ucc 9-702.
Section 1309.703 | Security Interest Perfected Before Effective Date - Ucc 9-703.
Section 1309.704 | Security Interest Unperfected Before Effective Date - Ucc 9-704.
Section 1309.705 | Effectiveness of Action Taken Before Effective Date - Ucc 9-705.
Section 1309.707 | Pre-Effective-Date Financing Statement - Ucc 9-707.