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Ohio Rev. Code Ann. § 5309.43

Questions as to instruments presented for registration referred to court of common pleas or to examiner of titles

Applied in 4 court decisions — leading case Menninger v. Accredited Home Lenders (In Re Morgeson) (2007)

Most recently applied in Burks v. Deutsche Bank National Trust Co. (In re Goheen) (March 2012)

Effective: October 1, 1953; Latest Legislation: House Bill 1 - 100th General Assembly

How often courts cite this section

20072010201220
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.

If the county recorder is in doubt upon any question, or if any person in interest does not agree as to the proper memorandum to be made in pursuance of any deed, mortgage, or other voluntary instrument presented for registration, the question may, on the certificate of the recorder stating the question upon which the recorder is in doubt or upon which the person in interest does not agree, be referred to the court of common pleas for decision. The court, after notice to all parties and a hearing, shall enter an order directing the action of and prescribing the form of memorandum to be made by the recorder, who shall make registration or otherwise act in accordance therewith, and such order shall be final.

The recorder may refer such question to an examiner of titles, and upon receipt of his report thereon the recorder shall notify the parties interested and fix a time for hearing. The recorder shall on such hearing make such disposition of said question as to him seems just and proper and in accordance with law.

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.