Ohio Deed of Trust - Release

State:
Multi-State
Control #:
US-00489
Format:
Word; 
Rich Text
Instant download

Description

This form authorizes the chancery clerk or the recorder of deeds to release from the deed of trust or mortgage certain property described in the document.
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FAQ

A mortgage shall be discharged upon the record of the mortgage by the county recorder when there is presented to the county recorder a certificate executed by the mortgagee or the mortgagee's assigns, acknowledged as provided in section 5301.01 of the Revised Code, or when there is presented to the recorder a deed of ...

An attorney licensed to practice law in Ohio must prepare deeds, powers of attorney, and other instruments that are to be recorded. One exception is that a party to the transaction may prepare an instrument in which they are a party.

But Ohio law is clear that recording a deed is not required to pass title. Whether recorded or not, a deed in Ohio passes title upon its proper execution and delivery to the grantee. The law states that actual delivery of the document is sufficient to transfer ownership between the parties.

A Release of Deed of Trust is a written request by the mortgage company or lender, their agent or attorney or a title insurance company to the Public Trustee. The purpose of the release is to remove all or a portion of the property from the lien created by a Deed of Trust.

The signing shall be acknowledged by the grantor, mortgagor, vendor, or lessor, or by the trustee, before a judge or clerk of a court of record in this state, or a county auditor, county engineer, notary public, or mayor, who shall certify the acknowledgement and subscribe the official's name to the certificate of the ...

A Deed of Trust is not a typical deed. It does not transfer the ownership of real property in the usual sense. Instead, a Deed of Trust creates a lien on real property as security or collateral for a loan. If the loan is not repaid on time, the lender can foreclose on and sell the property in order to pay off the loan.

There are several different essentials to a valid deed: 1. It must be in writing; 2. The parties must be properly described; 3. The parties must be competent to convey and capable of receiving the grant of the property; 4.

Yes. As of February 1, 2002, Ohio law no longer requires two witnesses to the signing of the seller's quitclaim deed or to other transfers of title to real property such as a mortgage or land contract. You can create a valid deed as long as an authorized public notary notarizes it.

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Ohio Deed of Trust - Release