Ohio § 5309.81
Full text of Ohio Ohio Revised Code § 5309.81, with citation guidance and answers to common questions.
§ 5309.81.
In all suits and proceedings in any of the courts of this state in which any estate
or interest in, or lien or charge upon registered land is in any way involved or affected,
or any registered land is to be sold, or the title otherwise transferred, all persons
shown by the registered certificate of title to have any interest in the subject matter
of the suit or proceeding, and all other persons known or appearing to have an interest,
shall be made parties and brought before the court and shall be bound by the orders,
judgments, and decrees of the court in the same manner and to the same extent as in
the initial registration of title to land as provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code . The residence and post-office address of any party in interest as shown by the certificate
of title, or memorials, or memorandums indorsed thereon in the office of the county
recorder, unless known by the plaintiff or party required to cause notice to be given
to be incorrect, may be regarded as the correct residence and address of such party
in interest and service made accordingly whether he resides within or without the
state. In any matter or proceeding before the recorder in relation to registered land,
or any interest in, or lien or charge upon such land, when notice is required to be
or may be given, such residence and address, in the absence of knowledge to the contrary,
may be regarded as correct and service made accordingly. In all such suits and proceedings in any court of the state or matters or proceedings
before a recorder relating to registered land, or any interest in, or lien or charge
upon such land, service of summons or notice may be made on any party in interest
by the clerk of such court or recorder by mailing to such party such summons or notice
in a registered letter with a five days' return card thereon, directed to his post-office
address as shown by the registered certificate of title, or if not so shown, to his
known post-office address. If said letter is not returned by the postal authorities to the officer mailing
it, such service is deemed to have been made. If said letter is so returned, upon the filing of an affidavit of the plaintiff,
or other party required to give notice, or his attorney, that he does not know and
after diligent research has been unable to learn of any other residence and address
of such party in interest than those stated in the registered certificate of title,
or that he has been unable to learn the residence and address of any person in interest
whose name, residence, and address is not so shown by the registered certificate of
title, if such person in interest is shown by the registered certificate or is known
to be a resident of this state, summons as provided in civil actions shall be issued
for him to the sheriff of the county of his residence as so shown or known, and if
returned “not found,” such person and also such like person not so shown or known
to reside in the state, may be served by publication as in other cases, or as in original
registration, as one whose residence is unknown. Unknown heirs and devisees, and all other unknown persons, whether in being or not,
under the designation of “whom it may concern” may be made parties and served by publication
as in original registration or as in other civil cases, and all such persons so made
parties and so served shall be bound by the judgment or decree with no right to question
such judgment or decree except upon appeal, or for fraud of the successful party in
procuring such judgment or decree to be asserted only against persons not bona fide
purchasers or encumbrancers, or persons holding under them, by suit to be brought
within one year from the entry of such judgment or decree.
Frequently Asked Questions About Ohio § 5309.81
What does Ohio Revised Code § 5309.81 cover?
Section 5309.81 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 § 5309.81?
A common citation format is "Ohio Revised Code § 5309.81" (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 § 5309.81 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.