Ohio Code § 5301.361

Ohio Code § 5301.361. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5301.361.

(A)(1) With respect to an unreleased commercial mortgage that has been satisfied more than

ninety days prior to the effective date of this section, but not recorded, the mortgagee

shall not be subject to a civil action or damages as described in division (C) of section 5301.36 of the Revised Code . (2) The current owner of the real property to which such a mortgage pertains shall provide

the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the effective date of this section and may recover damages in

a civil action for failure to comply with division (D)(2) of that section pursuant

to division (E) of that section. (B)(1) With respect to an unreleased commercial mortgage that has been satisfied less than

ninety days prior to the effective date of this section, but not recorded, the mortgagee

shall not be subject to a civil action or damages as described in division (C) of section 5301.36 of the Revised Code . (2) The current owner of the real property to which such a mortgage pertains shall provide

the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the ninetieth day after the mortgage was satisfied and may recover

damages in a civil action for failure to comply with division (D)(2) of that section

pursuant to division (E) of that section. (C)(1) With respect to an unreleased residential mortgage that has been satisfied, but not

recorded, prior to the effective date of this section, the mortgagee shall be subject

to a civil action or damages as described in division (C) of section 5301.36 of the Revised Code for failure to comply with division (B) of that section. (2) If such a mortgage was satisfied more than ninety days prior to the effective date

of this section, the current owner of the real property to which the mortgage pertains

shall provide the mortgagee the written notice described in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the effective date of this section and may recover damages in

a civil action for failure to comply with division (D)(2) of that section pursuant

to division (E) of that section.  If such a mortgage was satisfied less than ninety days prior to the effective date

of the section, the current owner shall provide the mortgagee the written notice described

in division (D)(1) of section 5301.36 of the Revised Code not sooner than on the ninetieth day after the mortgage was satisfied and may recover

damages in a civil action for failure to comply with division (D)(2) of that section

pursuant to division (E) of that section. (D) As used in this section, “mortgagee” has the same meaning as in section 5301.36 of the Revised Code .

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 5301.361
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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