Ohio § 1337.04

§ 1337.04.

(A) As used in this section, “ real property interest ” means a deed, mortgage, land installment contract, or lease. (B) A power of attorney used for the execution of a real property instrument shall be

properly executed and acknowledged by the principal before the execution and acknowledgement

of such real property instrument executed by virtue of such power of attorney. For purposes of this section, if the execution and acknowledgement of the power of

attorney is dated the same date as the execution and acknowledgment of the real property

instrument, the power of attorney shall be presumed to have been executed and acknowledged

before the execution and acknowledgment of the real property instrument. (C) A power of attorney used for the execution of a real property instrument shall be

recorded in the office of the county recorder of the county in which such property

is situated, before the recording of the real property instrument executed by virtue

of such power of attorney. For purposes of this section, a power of attorney that is known to have been recorded

the same day, but after, the recording of the real property instrument shall be considered

to have been recorded before the real property instrument. If a power of attorney is not recorded before, or is not known to have been recorded

on the same day as, the recording of the real property instrument executed by virtue

of such power of attorney, the power of attorney may be subsequently placed of record

as an attachment to a supporting affidavit made by any person having knowledge of

the facts or competent to testify concerning them in open court, so long as the power

of attorney was executed and acknowledged not later than the day of the execution

of the real property instrument.  The supporting affidavit shall include all of the following: (1) The name of the person appearing by record to be the owner of the property described

in the real property instrument executed by virtue of the power of attorney at the

time of the recording of the affidavit; (2) The permanent parcel number of the property; (3) The legal description of the property subject to the real property instrument executed

by virtue of the power of attorney; (4) The official record reference of the real property instrument executed by virtue

of the power of attorney; (5) If the power of attorney that the affidavit accompanies is a photocopy of the power

of attorney, rather than the original, a statement that the photocopy is a true and

accurate copy and a statement regarding why the original is not being recorded. (D) The county recorder shall record the supporting affidavit in the official records,

indexed by the name of the current record owner. (E) Notwithstanding any contrary provision set forth in this section, a real property

instrument executed by virtue of a power of attorney that has been of record for a

period of ten years or more shall be presumed valid and of full force and effect if

the power of attorney has not been placed of record. (F) The amendments to this section by S.B. 94 of the 135th general assembly have no effect

on the rights of a bona fide purchaser for value who acquired those rights without

actual knowledge or constructive notice of the power of attorney, the real property

instrument executed by virtue of the power of attorney, or an affidavit that meets

the requirements of division (C) of this section. (G) The amendments to this section by S.B. 94 of the 135th general assembly have no effect

on the law of constructive notice or chain of title analysis set forth in Spring Lakes Ltd. v. O.F.M. Co., 12 Ohio St.3d 333 (1984) ; Ohio Turnpike Commission v. Spellman Outdoor Advertising Services, LLC, 2010-Ohio-1705 ;  and Spellman Outdoor Advertising Services, LLC v. Ohio Turnpike and Infrastructure Commission,

2016-Ohio-7152 . (H) The amendments to this section by S.B. 94 of the 135th general assembly shall be

given retroactive effect to the fullest extent permitted under Section 28 of Article II, Ohio Constitution .  The amendments to this section shall not be given retroactive effect if to do so

would affect any accrued substantive right or vested rights in any person or in any

real property instrument.