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Ohio Rev. Code Ann. § 5301.23

Mortgage effective dates

Applied in 31 court decisions — leading case Bavely v. Huntington National Bank (In Re Cowan) (2002)

Most recently applied in Johnston v. Shale Play Land Servs., Inc. & Taurus Corp. & Andrews (December 2024)

Effective: January 1, 1994; Latest Legislation: House Bill 473 - 119th General Assembly

How often courts cite this section

1994200020102020202440
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) All properly executed mortgages shall be recorded in the office of the county recorder of the county in which the mortgaged premises are situated and shall take effect at the time they are delivered to the recorder for record. If two or more mortgages pertaining to the same premises are presented for record on the same day, they shall take effect in the order of their presentation. The first mortgage presented shall be the first recorded, and the first mortgage recorded shall have preference.

(B) A mortgage that is presented for record shall contain the then current mailing address of the mortgagee. The omission of this address or the inclusion of an incorrect address shall not affect the validity of the instrument or render it ineffective for purposes of constructive notice.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.