The Eight Principles of Acknowledgement
- Personal Appearance – The signer appears in person before a notary public or other official who can take acknowledgements according to statute.
- Government Official – The notary public is a government official (not an entity) designated by law to take acknowledgements.
- Transaction Based – The signer’s acknowledgement references a specific document that representing a real estate transaction.
- Identity – The signer proves she is the same person as signed the specific document.
- Capacity – The signer states the capacity in which she is signing – as an individual, corporate officer, etc.
- Acceptance – The signer acknowledges that the signature on the specific document is hers.
- Intent – The signer acknowledges that she intended to sign the specific document.
- Non Duress – The signer acknowledges that she signed the specific document of her own free will.
The following general information and steps are necessary
to transfer ownership of Real Estate (Land)
- Deed must list the names of the seller (grantor) and the names and address of the buyer (grantee).
- Deed must give an accurate description of the property. —– Regarding acreage, the description must contain the accurate measurements and directional bearings of all the property boundary lines. —–Regarding village, township, or city lots; these may be described by stating the name of the dedicated allotment, and the lot number.
- Deed must have acknowledged signatures of (grantors). State of Ohio requires no witnesses but must be acknowledged.
- Deed must state – “This instrument prepared by __” (name).
- Deed is then taken to the county courthouse (tax-map department) and to Auditor’s Transfer Department to be transferred on the official county records.
- Deed is then taken to the county Recorder’s office to be photocopied, recorded, and become a permanent record of the county.
Deed: A written document whereby title to real estate is conveyed by one party to another. There are several types of deeds
Warranty Deed: A deed certifying that the grantor has a good title in fee simple free and clear of all liens and encumbrances and that the grantor will defend against the claims of all persons
Quitclaim Deed: A deed by which some right, title, interest or claim of one person in real estate is release or conveyed to another person without making any warranty of good title
Fiduciary Deed: A deed given by the fiduciary to a purchaser of real estate from an estate, trust or guardianship
Sheriff’s Deed: A deed given by the County Sheriff to the purchaser of real estate at a sheriff’s sale
Certificate of Transfer: The document whereby title to real estate to a decedent is transferred of record to the heirs or devisees of a decadent
Survivorship Deed: A deed conveying title to real estate into the names of two or more persons as joint tenants with rights of survivorship. Upon the death of one owner, the property passes to and vests in the name of the surviving owner or owners. This document may be a warranty deed, quitclaim deed, or fiduciary deed
Mortgage Deed: A deed conveying an interest in real estate as security for the payment of a debt that operates as a lien securing the payment of the debt. If the debt is not repaid in compliance with the terms of the mortgage, the mortgagee may foreclose on the property. If the debt is repaid, the mortgage becomes void
Standard Format of Instruments to be Recorded
- Except as otherwise provided in divisions (B) and (C) of this section, an instrument or document presented for recording to the county recorder shall have been prepared in accordance with all of the following requirements:
- Legible print size not smaller than a font size of ten;
- Minimum paper size of eight and one-half inches by eleven inches;
- Maximum paper size of eight and one-half inches by fourteen inches;
- Black or blue ink only;
- No use of highlighting;
- Margins of one-inch width on each side of each page of the instrument or document;
- A margin of one-inch width across the bottom of each page of the instrument or document;
- A three-inch margin of blank space across the top of the first page of each instrument or document to accommodate any certification or indorsement of the county engineer, county auditor, or county recorder, as may be required by law, with the right half of that margin being reserved for the indorsement of the county recorder required by section 317.12 of the Revised Code; and
- A one and one-half-inch margin of blank space across the top of each of the remaining pages of the instrument or document to accommodate any certification or indorsement of the county engineer, county auditor, or county recorder, as may be required by law.
- Except as otherwise provided in division (B)(2) of this section, the county recorder shall accept for recording an instrument or document that does not conform to the requirements set forth in division (A) of this section but shall charge and collect the following additional fees for each such instrument or document: an additional base fee for the recorder’s services of ten dollars and a housing trust fund fee of ten dollars, which shall be collected pursuant to section 317.36 of the Revised Code.
- The county recorder shall accept for recording an instrument or document that does not conform to the requirements set forth in division (A) of this section but shall not charge and collect the additional fees specified in division (B)(1) of this section for page numbers, hand-written, typed, or printed initials, bar codes, copyright information, trailing portions of signatures, plat description of any oil and gas well location or drilling unit or lease, or any other incidental information that is not essential to the recording process or to the legal validity of the instrument or document and that may appear in either of the side margins or in the bottom margin. In addition, notary stamps and seals and any signatures and initials that may appear within the instrument or document need not satisfy the font size requirement and no additional fees may be charged or collected by the county recorder for such a nonconformance.
- This section does not apply to any of the following:
- Any document that originates with any court or taxing authority;
- Any document authorized to be recorded under section 317.24 of the Revised Code;
- Any plat, as defined in section 711.001 of the Revised Code, that is required or authorized by the Revised Code to be recorded;
- Any document authorized to be recorded that originates from any state or federal agency;
- Any document executed before July 1, 2009.
Amended by 128th General AssemblyFile No.17, SB 124, §1, eff. 12/28/2009.
Effective Date: 2008 HB525 07-01-2009