Ohio Code § 1701.66
Ohio Code § 1701.66. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1701.66.
(A) A mortgage of property of any description, or any interest in the property, made
(1) by a corporation that is a railroad or a public utility as defined by sections 4907.02 , 4905.02 , and 4905.03 of the Revised Code ; (2) by a corporation, domestic or foreign, organized for the purpose of constructing,
acquiring, owning, or operating a railroad or public utility, as so defined, or any
part of a railroad or public utility, or, as a common carrier, a trolley bus system,
in whole or in part in this state; (3) by a municipal corporation pursuant to Section 12 of Article XVIII, Ohio Constitution ; (4) by the state, a county, or a municipal corporation, pursuant to Chapter 165.
of the Revised Code, or a port authority pursuant to section 4582.06 or 4582.31 of the Revised Code ; or (5) by an electric cooperative as defined by section 4928.01 of the Revised Code , shall be recorded in the office of the county recorder of each county in this state
in which any of that property is situated or employed. However, a mortgage by such mortgagor that includes rolling stock or movable equipment
such as cars, locomotives, or trolley buses, motor buses, or other vehicles, or machines
for aerial transportation, may be filed in the office of the secretary of state, and
when so filed shall have the same effect, as to the lien created by the mortgage on
that rolling stock, movable equipment, or machines, as though filed in the office
of the recorder of each county in which the rolling stock, movable equipment, or machines
are situated or employed. In lieu of filing an original of the mortgage described in this division, a true
copy of the mortgage, with an affidavit by the mortgagor, the mortgagee, or an agent
of either that it is a true copy, may be filed. (B) Any mortgage described in division (A) of this section shall be a lien on the property
described in the mortgage from the respective times of the filing of the mortgage
for record with the recorders of the appropriate counties; but any such mortgage
covering rolling stock, movable equipment, or machines described in division (A) of
this section shall be a lien on that stock or equipment or those machines from the
time of the filing of the mortgage, or a true copy of the mortgage, with the secretary
of state. (C) If any mortgage by its terms creates a lien upon any property that may thereafter
be acquired by the mortgagor, it shall be a lien upon all the interest of the mortgagor
in that after-acquired property from the date of its acquisition, if the mortgage
was or is recorded or filed as provided in this section. (D) The secretary of state shall charge and collect, for every mortgage or true copy
of the mortgage filed in the secretary of state's office under this section, a fee
of ten dollars and, for each page in excess of twenty-five pages an additional fee
of one dollar. The secretary of state shall endorse on the mortgage or true copy the time of its
filing and shall keep a record of the filing in a book to be kept for that purpose,
giving the names of all parties to the mortgage, alphabetically arranged, the date
of the mortgage, and the time of its filing. The mortgage or true copy and the record of its filing shall be open to public inspection. When the mortgage is canceled, the date of cancellation shall be entered on the
margin of the record of the mortgage. (E) Mortgages of the character described in this section need not be otherwise filed
or refiled as security interests under Chapter 1309. of the Revised Code. (F) Nothing contained in this section shall make inapplicable the provisions of Chapters
4505. to 4519. of the Revised Code, relating to motor vehicles.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1701.66
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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