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In Ohio, only an attorney can draft a deed for others. All title companies must use an attorney to draft deeds. Many clients ask why they need to engage a lawyer to draft a deed if they can download a form off the Internet.
If you want to obtain a copy of the deed to your home, contact your local county recorder. In Ohio, county recorders are responsible for maintaining land records and making them accessible to the public. The Ohio Revised Code establishes fees recorders may charge for various services.
In a typical real estate transaction, the deed is prepared by the seller, usually with the help of a title company or a real estate attorney. The use of a title company and/or experienced attorney ensures that title passes appropriately and all parties are aware of the warranties made.
Section 5301.233 | Mortgage may secure unpaid balances of advances made.
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.
Ohio Revised Code Chapter 5301 Grantor must sign deed in front of a notary, or before a judge or clerk of a court of record in this state, or a county auditor, county engineer, or mayor.
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 ...
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.