Ohio § 1309.604
Full text of Ohio Ohio Revised Code § 1309.604, with citation guidance and answers to common questions.
§ 1309.604.
(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.
Frequently Asked Questions About Ohio § 1309.604
What does Ohio Revised Code § 1309.604 cover?
Section 1309.604 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 § 1309.604?
A common citation format is "Ohio Revised Code § 1309.604" (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 § 1309.604 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.