Ohio Code § 5301.234
Ohio Code § 5301.234. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5301.234.
(A) A mortgage encumbering real property granted to secure the repayment of funds used
to satisfy a mortgage or lien on such real property shall be subrogated to the priority
of the mortgage or lien that was satisfied to the extent of the amount satisfied if
both of the following apply: (1) The intent of the parties to the new mortgage is that the new mortgage would have
the priority of the mortgage or lien satisfied. (2) The expectation of the holder of a subordinate mortgage or lien at the time that
it received its interest was that it would be junior to the mortgage or lien that
was satisfied. (B) A mortgagee seeking to be subrogated pursuant to division (A) of this section to
the priority of a lien that the mortgagee has satisfied shall not be denied subrogation
for any of the following reasons: (1) The mortgagee meets any of the following criteria: (a) The mortgagee is engaged in the business of lending. (b) The mortgagee had actual knowledge or constructive notice of the mortgage or lien
over which the mortgagee would gain priority through subrogation. (c) The mortgagee or a third party committed a mistake or was negligent. (2) The lien for which the mortgagee seeks to be subrogated was released. (3) The mortgagee obtained a title insurance policy. (C) Notwithstanding division (A) of this section, the holder of a subordinate mortgage
or lien shall retain the same subordinate position that such person would have had
if the prior mortgage or lien had not been satisfied.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5301.234
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 5301.234?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 5301.234 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 5301.234 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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