Ohio § 5301.071

§ 5301.071.

No instrument conveying real property, or any interest in real property, and of record

in the office of the county recorder of the county within this state in which that

real property is situated shall be considered defective nor shall the validity of

that conveyance be affected because of any of the following: (A) The dower interest of the spouse of any grantor was not specifically released, but

that spouse executed the instrument in the manner provided in section 5301.01 of the Revised Code . (B) The officer taking the acknowledgment of the instrument having an official seal did

not affix that seal to the certificate of acknowledgment. (C) The certificate of acknowledgment is not on the same sheet of paper as the instrument. (D) The executor, administrator, guardian, assignee, attorney in fact, or trustee making

the instrument signed or acknowledged the same individually instead of in a representative

or official capacity. (E)(1) The grantor or grantee of the instrument is a trust rather than the trustee or trustees

of the trust if the trust named as grantor or grantee has been duly created under

the laws of the state of its existence at the time of the conveyance and a memorandum

of trust that complies with section 5301.255 of the Revised Code and contains a description of the real property conveyed by that instrument is recorded

in the office of the county recorder in which the instrument of conveyance is recorded.  Upon compliance with division (E)(1) of this section, a conveyance to or from a

trust shall be considered to be a conveyance to or from the trustee or trustees of

the trust in furtherance of the manifest intention of the parties. (2) Except as otherwise provided in division (E)(2) of this section, division (E)(1)

of this section shall be given retroactive effect to the fullest extent permitted

under section 28 of Article II, Ohio Constitution .  Division (E) of this section shall not be given retroactive or curative effect if

to do so would invalidate or supersede any instrument that conveys real property,

or any interest in the real property, recorded in the office of the county recorder

in which that real property is situated prior to the date of recording of a curative

memorandum of trust or March 22, 2012, whichever event occurs later. (F) A memorandum of understanding or other instrument complying with division (A) of section 5301.255 of the Revised Code is not recorded as required by that section, so long as the instrument from a trustee

or trust as grantor, conveying or encumbering any interest in the real property has

been of record for more than four years.