Ohio § 5301.36
Full text of Ohio Ohio Revised Code § 5301.36, with citation guidance and answers to common questions.
§ 5301.36.
(A) Except in a county in which the county recorder has elected to require that all satisfactions
of mortgages be recorded by separate instrument as allowed under section 5301.28 of the Revised Code , when recording a mortgage, county recorders shall leave space on the margin of the
record for the entry of satisfaction, and record therein the satisfaction made on
the mortgage, or permit the owner of the claim secured by the mortgage to enter such
satisfaction. Such record shall have the same effect as the record of a release of the mortgage. (B) Within ninety days from the date of the satisfaction of a mortgage, the mortgagee
shall record a release of the mortgage evidencing the fact of its satisfaction in
the appropriate county recorder's office and pay any fees required for the recording. The mortgagee may, by contract with the mortgagor, recover the cost of the fees
required for the recording of the satisfaction by the county recorder. (C)(1) Except as provided in division (C)(2) of this section, if the mortgagee fails to
comply with division (B) of this section, the mortgagor of the unrecorded satisfaction
and the current owner of the real property to which the mortgage pertains may recover,
in a civil action, damages of two hundred fifty dollars. This division does not preclude or affect any other legal remedies or damages that
may be available to the mortgagor. (2) A mortgagor or current owner of the real property shall not be eligible to collect
the damages described in division (C)(1) of this section via a class action for violations
of division (B) of this section that occurred in calendar year 2020. This division does not preclude or affect any other legal remedies or damages that
may be available to the mortgagor or current owner. (D)(1) If upon the expiration of the ninety-day period described in division (B) of this
section, the satisfaction of mortgage remains unrecorded, the current owner of the
real property shall provide the mortgagee written notice, in accordance with the Rules
of Civil Procedure, of the failure to enter the release of the mortgage of record. The notice shall be in substantially the following form: “OHIO LAW REQUIRES A MORTGAGEE, WHETHER THE ORIGINAL MORTGAGEE OR ANY SUCCESSOR TO
THE INTEREST OF THE ORIGINAL MORTGAGEE, TO RECORD A RELEASE OF A MORTGAGE EVIDENCING
ITS SATISFACTION IN THE APPROPRIATE COUNTY RECORDER'S OFFICE AND TO PAY ANY FEES REQUIRED
FOR THE RECORDING WITHIN A CERTAIN TIME PERIOD. (Name of mortgagor)'S MORTGAGE LOAN, (loan number or other loan identification), FOR
PROPERTY LOCATED AT (property address), WAS SATISFIED ON (date of satisfaction). IT APPEARS YOU HAVE YET TO RECORD A RELEASE OF THIS MORTGAGE. FAILURE TO RECORD THE RELEASE WITHIN 15 DAYS OF RECEIVING THIS NOTICE MAY RESULT
IN A CIVIL ACTION FILED AGAINST YOU TO RECOVER REASONABLE ATTORNEYS' FEES AND COSTS
INCURRED IN SUCH AN ACTION OR OTHERWISE TO OBTAIN THE RECORDING, PLUS DAMAGES OF $100
FOR EACH DAY OF NONCOMPLIANCE NOT TO EXCEED $5,000 IN TOTAL DAMAGES.” (2) Within fifteen days after delivery of the notice described in division (D)(1) of
this section, the mortgagee shall record a release of the mortgage evidencing the
fact of its satisfaction in the appropriate county recorder's office and pay any fees
required for the recording. The mortgagee may, by contract with the mortgagor or current owner of the real property,
recover the cost of the fees required for the recording of the satisfaction by the
county recorder. (E) If the mortgagee fails to comply with division (D)(2) of this section after receiving
the notice in accordance with division (D)(1) of this section, the current owner of
the real property may recover, in a civil action, reasonable attorneys' fees and costs
incurred in such an action or otherwise to obtain the recording of a satisfaction
of mortgage plus damages of one hundred dollars for each day of noncompliance, not
to exceed five thousand dollars in total damages. This division does not preclude or affect any other legal remedies or damages that
may be available to the current owner. (F) A mortgagee that records a release of a mortgage evidencing the fact of its satisfaction
within the time periods required by this section shall not be in violation of this
section, or subject to damages or fees, due to the failure of a county recorder to
timely process that release of mortgage. (G) A current owner may combine the civil actions described in divisions (C) and (E)
of this section by bringing one action to collect for both damages, or may bring separate
actions. (H) As used in this section: (1) “ Mortgagee ” includes the original mortgagee or any successor to or assignee of the original
mortgagee. (2) “ Satisfaction ” means that the obligation secured by a mortgage has been paid in full and the underlying
obligation terminated, with no opportunities for future advancements.
Frequently Asked Questions About Ohio § 5301.36
What does Ohio Revised Code § 5301.36 cover?
Section 5301.36 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 § 5301.36?
A common citation format is "Ohio Revised Code § 5301.36" (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 § 5301.36 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.