Ohio § 5309.51

Full text of Ohio Ohio Revised Code § 5309.51, with citation guidance and answers to common questions.

§ 5309.51.

The holder of any mortgage, encumbrance, lease, charge, or lien upon registered land

may execute to a transferee an assignment for the whole or any part of the mortgage,

encumbrance, lease, charge, or lien, by endorsement of the assignment on the original

instrument of encumbrance, the holder's duplicate, the mortgagee's certified copy

of a mortgage, or by a separate instrument acknowledged as required by section 5301.01 of the Revised Code .  The assignment of only a part of the mortgage, encumbrance, lease, charge, or lien

shall state whether the part transferred is to be given priority, be deferred, or

rank equally with the remaining part.  When that assignment is filed with the county recorder and the assignor produces

the instrument of encumbrance that the assignor holds, if that instrument is the original

instrument or one of the original duplicates of the instrument, and in the case of

a mortgage when the assignor produces the “mortgagee's certified copy,” if that copy

was issued and delivered, the recorder, being satisfied that the assignment is properly

made and should be registered, shall register the assignment by entering a memorial

of the part transferred, the date of transfer, the name, residence, and post-office

address of the transferee, how the part transferred is to rank with the remaining

part, and the file number upon the register in which the instrument creating the charge

is registered, and in case of assignment by separate instrument, upon the original

instrument.  The recorder shall endorse on the instrument of assignment the exact time of filing

and the volume and folium of the register in which the assignment is registered.  If the original instrument of encumbrance, or one of the duplicates of the instrument,

is recorded, the assignee, on payment of the recorder's fees, may have that assignment

copied on the margin of the record of the instrument assigned, or copied in a separate

volume and noted on the margin of the record of the instrument assigned, if the recorder

keeps any such separate volume for the record of assignments and transfers.  The record of that assignment shall be noted on the indexes of the instrument assigned.  If the original instrument of encumbrance or one of the original duplicates of the

instrument, endorsed by the recorder, or a mortgagee's certified copy of the mortgage,

is outstanding in the hands of the encumbrancer, lessee, or their assigns, no entry

or memorial of an assignment or transfer of that instrument or security of any part

of the instrument shall be made by the recorder without the production of the original

instrument, or the endorsed original duplicate of the instrument, or the mortgagee's

certified copy. Waivers of the priority of lien of mortgages may be registered subject to the requirements

of this section as to assignments.

Frequently Asked Questions About Ohio § 5309.51

What does Ohio Revised Code § 5309.51 cover?

Section 5309.51 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 § 5309.51?

A common citation format is "Ohio Revised Code § 5309.51" (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 § 5309.51 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.