Ohio § 5301.234
Full text of Ohio Ohio Revised Code § 5301.234, with citation guidance and answers to common questions.
§ 5301.234.
(A) A mortgage encumbering real property granted to secure the repayment of funds used
to satisfy a mortgage or lien on such real property shall be subrogated to the priority
of the mortgage or lien that was satisfied to the extent of the amount satisfied if
both of the following apply: (1) The intent of the parties to the new mortgage is that the new mortgage would have
the priority of the mortgage or lien satisfied. (2) The expectation of the holder of a subordinate mortgage or lien at the time that
it received its interest was that it would be junior to the mortgage or lien that
was satisfied. (B) A mortgagee seeking to be subrogated pursuant to division (A) of this section to
the priority of a lien that the mortgagee has satisfied shall not be denied subrogation
for any of the following reasons: (1) The mortgagee meets any of the following criteria: (a) The mortgagee is engaged in the business of lending. (b) The mortgagee had actual knowledge or constructive notice of the mortgage or lien
over which the mortgagee would gain priority through subrogation. (c) The mortgagee or a third party committed a mistake or was negligent. (2) The lien for which the mortgagee seeks to be subrogated was released. (3) The mortgagee obtained a title insurance policy. (C) Notwithstanding division (A) of this section, the holder of a subordinate mortgage
or lien shall retain the same subordinate position that such person would have had
if the prior mortgage or lien had not been satisfied.
Frequently Asked Questions About Ohio § 5301.234
What does Ohio Revised Code § 5301.234 cover?
Section 5301.234 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5301.234?
A common citation format is "Ohio Revised Code § 5301.234" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5301.234 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.