Ohio Revised Code
Chapter 5309 | Registration of Land Titles
Section 5309.47 | Encumbrances on Registered Land.

Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
Whenever any registered land or interest therein is intended to be charged or made security in favor of any mortgagee, the mortgagor shall execute a mortgage deed. Whenever any such land is intended to be charged with, or made security for the payment of an annuity, rent charge, sum of money, or any other charge or lien, in favor of any encumbrancer or lien holder, the encumberer shall execute an instrument of encumbrance. Every mortgage deed and instrument of encumbrance shall contain a pertinent description of the land and an accurate statement of the interest intended to be mortgaged, charged, or encumbered, and when registered shall operate as a lien or charge upon and bind the land covered thereby for the period ending twenty-one years after the maturity of the last secured debt or obligation. Thereafter, as to subsequent bona fide purchasers, mortgagees, and other persons dealing with such land for value, the lien of such mortgage shall expire. The mortgage creditor, may, at any time within one year next preceding the expiration of such period of twenty-one years, refile in the county recorder's office the mortgage or a sworn copy thereof, together with an affidavit thereon, stating the amount remaining due and the due date, as extended if it is extended, and thereupon such refiling, after registration has been made upon the certificate of title, shall operate as a lien or charge upon and bind the land then covered thereby only for a period of twenty-one years after the expiration of such prior period of twenty-one years.

Structure Ohio Revised Code

Ohio Revised Code

Title 53 | Real Property

Chapter 5309 | Registration of Land Titles

Section 5309.01 | Registration of Land Title Definitions.

Section 5309.02 | Jurisdiction of the Court of Common Pleas and the Probate Court.

Section 5309.03 | Powers of the County Recorder.

Section 5309.031 | Maintain Registered Land Records by Use of Photographic, Magnetic, Electronic, or Certain Other Processes Means, or Displays.

Section 5309.04 | Examiners of Titles - Qualifications, Bond, Duties.

Section 5309.05 | Persons Permitted to Have Title to Land Registered.

Section 5309.06 | Estates or Interests Which May Be Registered - Procedure.

Section 5309.07 | Tax Deed Entitled to Be Registered.

Section 5309.08 | Application to Register Title.

Section 5309.081 | Death of Survivorship Tenant Transfer of Interest.

Section 5309.082 | Survivorship Tenant Medicaid Estate Recovery Form.

Section 5309.09 | Contents of Application.

Section 5309.10 | Assent by Spouse.

Section 5309.11 | Application by Nonresident.

Section 5309.12 | Parties.

Section 5309.13 | Record and Index of Applications.

Section 5309.14 | Application Referred to Examiner of Titles for Investigation - Report.

Section 5309.15 | Publication of Notice of Filing and Substance of Application.

Section 5309.16 | Answer Day.

Section 5309.17 | Guardian Ad Litem - Duties, Compensation.

Section 5309.18 | Answer or Cross-Petition in Land Registration Case.

Section 5309.19 | Order of Default and Decree of Title and Registration - Final Order.

Section 5309.20 | Cause May Be Referred to Examiner of Titles for Hearing and Report.

Section 5309.21 | Effect of Decree Dismissing Application.

Section 5309.22 | Death of Applicant.

Section 5309.23 | Decree of Confirmation and Registration - Effect.

Section 5309.24 | Contents of Decree of Registration.

Section 5309.25 | Register of Titles - Duties of County Recorder and Clerk.

Section 5309.26 | Entering Original Certificate of Title.

Section 5309.27 | Certificates to Owners as Tenants in Common - Duplicate Certificates.

Section 5309.28 | Holder of Certificate of Title Holds Free From Encumbrances - Exceptions.

Section 5309.281 | Restrictive Covenants Constituting Unlawful Discriminatory Practices.

Section 5309.29 | Decree and Certificate of Title Run With the Land.

Section 5309.30 | Signature and Address of Owner Taken and Preserved.

Section 5309.31 | Lost or Destroyed Certificate of Title.

Section 5309.32 | Records of Surveys of Registered Land.

Section 5309.33 | Tract and Alphabetical Indexes.

Section 5309.34 | Transferee of Registered Land Not on Notice or Inquiry.

Section 5309.35 | Record of Trusts and Exceptional Estates in Registered Land.

Section 5309.36 | Certificate Notation Carried Until Cancellation.

Section 5309.37 | Transfers of Registered Land - Certificate as to Taxes and Special Assessments.

Section 5309.38 | Entry Book.

Section 5309.39 | Instruments Shall Be Filed Under Proper Numbers.

Section 5309.40 | Transfer of Estate by Registered Owner in Fee.

Section 5309.41 | Canceled Instruments Shall Be Preserved.

Section 5309.42 | Transfer of an Estate Less Than a Fee.

Section 5309.43 | Questions as to Instruments Presented for Registration Referred to Court of Common Pleas or to Examiner of Titles.

Section 5309.44 | New Certificate of Title Issued.

Section 5309.45 | Application for Registration on the Death of Registered Owner.

Section 5309.46 | Title Acquired Through Executor.

Section 5309.47 | Encumbrances on Registered Land.

Section 5309.48 | Mortgage, Encumbrance Entered - Mortgagee's Duplicate Certificate.

Section 5309.49 | Filing and Notation of Instruments Affecting Registered Land.

Section 5309.50 | Records in Addition to Registration.

Section 5309.51 | Assignment of Lease, Encumbrance, or Lien Upon Registered Land - Registration of Waivers of Priority of Lien.

Section 5309.52 | Entry of Release or Discharge of Encumbrance.

Section 5309.53 | Decree or Order of Court a Lien Upon Registered Land.

Section 5309.54 | Judgment of County Court Judge, Mayor or Other Officer a Lien Upon Registered Land.

Section 5309.55 | Lien Attaches in Proceedings in Execution and Attachment.

Section 5309.56 | Writ Issued From County Other Than Where Land Situated.

Section 5309.57 | Accounts of Mechanics or Laborers Constitute Lien.

Section 5309.58 | Action or Proceeding Lis Pendens.

Section 5309.59 | Certificate of Sale Must Be Presented to Recorder - Notation.

Section 5309.60 | No Registration or Certificate of Title Shall Issue Upon Tax Deed Except on Order of Court.

Section 5309.61 | Partition and Sale Confirmed Only on Report of Examiner of Titles.

Section 5309.62 | Certificates of Title Issued to Allottees in Partition.

Section 5309.63 | Liens Attach to Lands Set Off in Partition Proceedings.

Section 5309.64 | Transfer of Title Under Order of Sale.

Section 5309.65 | Transfer of Title by Assignee or Trustee - Procedure.

Section 5309.66 | Optional Registration of Title to Land Sold in Partition or by Assignee or Administrator.

Section 5309.67 | Nonconformity Does Not Void Proceedings.

Section 5309.68 | Certificate of Title - Surrender - Withdrawal.

Section 5309.69 | Declaring Trusts Upon Registered Land - Negotiations.

Section 5309.70 | Attachment of Rights of Dower and Homestead.

Section 5309.71 | Proceedings in Eminent Domain.

Section 5309.72 | Proceedings by Adverse Claimant.

Section 5309.73 | Notice by Claimant to Registered Owner.

Section 5309.74 | Power of Attorney Must Be Filed With County Recorder - Revocation.

Section 5309.75 | Statements in Instrument Constituting a Person an Attorney in Fact.

Section 5309.76 | Alterations or Erasures Not Permitted - Exceptions.

Section 5309.77 | Effect of Instruments Dealing With Registered Land.

Section 5309.78 | Application for Continuation and Certification of Duplicate Certificate of Title.

Section 5309.79 | References Required in Instruments Transferring Title or Creating or Discharging Liens.

Section 5309.80 | Statements or Indorsements Contained in Instruments Presented for Registration.

Section 5309.81 | Parties to Suit or Proceeding Involving Registered Land.

Section 5309.82 | Notice to Registered Owner Upon the Filing of Instruments.

Section 5309.83 | Notice of Appeal - Petition, Bond, and Transcript.

Section 5309.84 | Right to Appeal on Questions of Law and Fact or on Questions of Law to Court of Appeals.

Section 5309.85 | Burdens and Incidents of Registered Land.

Section 5309.86 | Signature of County Recorder on Paper and Electronic Instruments.

Section 5309.87 | Mistakes.

Section 5309.88 | Death of Maker Before Registration.

Section 5309.89 | Title by Prescription or Adverse Possession.

Section 5309.91 | Enforcement of Charges.

Section 5309.92 | Transfers.

Section 5309.93 | Effective Liens.

Section 5309.94 | Serving and Waiver of Notices.

Section 5309.95 | Materials Furnished by Board of County Commissioners.

Section 5309.96 | Instruments Shall Not Be Taken From Office - Copies.

Section 5309.98 | Rules of Practice and Procedure.