Ohio § 5309.52
Full text of Ohio Ohio Revised Code § 5309.52, with citation guidance and answers to common questions.
§ 5309.52.
When any registered mortgage, encumbrance, lien, charge, or lesser estate, vested,
contingent, expectant, or inchoate, is satisfied, released, extinguished, or terminated,
in any manner in whole or in part, the mortgagee, encumbrancer, assignee, owner of
lesser estate, or his legal representative, holder of lien, or other person authorized
to discharge or release such encumbrance, shall forthwith file with the county recorder
or deliver to the encumberer or owner such satisfaction, release, or discharge, in
whole or in part. The recorder shall enter such satisfaction, release, or discharge upon the registered
certificate of title, upon the original instrument on file or the margin of the record
thereof, if recorded, and properly note such cancellation in all the indexes of such
mortgage, encumbrance, lien, or charge. If an original instrument, or one of the original duplicates thereof, or a mortgagee's
certified copy, indorsed by the recorder, is outstanding in the hands of the encumbrancer
or his assigns, no entry or memorial of satisfaction of such instrument shall, except
upon notice and a hearing, be made by the recorder without the production of said
original instrument or original duplicate or mortgagee's certified copy. If the encumbrancer, owner of a lesser estate or his legal representative, or other
person, fails to file such satisfaction or release with the recorder or deliver it
to the encumberer, or if such satisfaction or release has been delivered to the encumberer
or transferor and become lost or destroyed or from any other cause cannot be produced,
then the encumberer, transferor, or other person entitled to such discharge or release
may present proof of the same before the recorder, ten days' notice having been given
to the person holding the security or lesser estate or to his personal and legal representatives
and all persons in interest as shown by the records, or as known. When the recorder is convinced that such mortgage, encumbrance, or other charge
has been satisfied, or that said lesser estate has been extinguished or terminated
as claimed, he shall enter such satisfaction, release, extinguishment, or termination
on the instrument on file with him or the record thereof, if recorded, and indorse
the same upon the registered and also on the owner's duplicate certificate of title;
or application in such cases may be made to the probate court or the court of common
pleas by petition and the court upon notice and hearing shall make such order as is
appropriate and the recorder shall act in accordance therewith, and the entry of such
discharge, satisfaction, release, extinguishment, or termination by the recorder pursuant
to his finding or the order of the court, subject to proceedings on appeal, is conclusive
evidence thereof.
Frequently Asked Questions About Ohio § 5309.52
What does Ohio Revised Code § 5309.52 cover?
Section 5309.52 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 § 5309.52?
A common citation format is "Ohio Revised Code § 5309.52" (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 § 5309.52 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.