Ohio Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor

State:
Multi-State
Control #:
US-OG-130
Format:
Word; 
Rich Text
Instant download

Description

If an owner of a mineral or royalty interest, whose interest is subject to a mortgage/deed of trust, desires to sell or convey an interest, it is appropriate to obtain a release of that lien as to the interest conveyed. This form addresses that situation.

How to fill out Partial Release Of Mortgage / Deed Of Trust On A Mineral / Royalty Interest Sold By Grantor?

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FAQ

Race-Notice Jurisdictions Thus, it is a ?race? between the two buyers to record their deeds. But, the subsequent bona fide buyer is only allowed to compete in the race if they didn't know about the earlier property transfer. Ohio is a race-notice jurisdiction.

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.

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.

States that follow the Race-Notice statute: Alaska, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio (regarding mortgages, OH follows the Race statute), Oregon, ...

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 ...

Ohio is a One-Party Recording State Due to Ohio's one-party consent laws (Ohio Rev. Code Ann. § 2933.52), you could face criminal charges if you use any device, including a cell phone, to share any communication or record another person without their consent.

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 ...

A jurat is an act requiring the signer to give an oath or affirmation that the statement in the notarized document is true and correct and the signer must sign the notarized document in the presence of a notary public. A jurat is required on documents such as an affidavit and motor vehicle title.

Section 5301.233 | Mortgage may secure unpaid balances of advances made.

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Ohio Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor