Ohio Code § 5309.44

Ohio Code § 5309.44. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5309.44.

No new certificate of title shall be entered, and no memorandum shall be made upon

the register of any certificate of title by the county recorder in pursuance of any

deed or other voluntary instrument, unless the owner's duplicate certificate is presented

with such instrument, except in cases expressly provided for in sections 5309.02 to 5310.21, inclusive, of the Revised Code , or upon the order of the probate court or the court of common pleas, for cause shown.  Whenever such order is made, a memorandum thereof shall be entered on the new certificate

of title and on the owner's duplicate.  The production of the owner's duplicate, whenever a voluntary instrument is presented

for registration, is authority from the registered owner to the recorder to enter

a new certificate or to make a memorial of registration in accordance with such instrument,

and the new certificate or memorial shall be binding upon the registered owner and

upon all persons claiming under him, in favor of every purchaser and holder for value

and in good faith and in favor of all persons holding under such purchaser and holder.  In all cases of registration which are procured by fraud, the owner may pursue all

his legal and equitable remedies against the parties to such fraud, without prejudice

to the rights of any innocent holder for value of a certificate of title or any person

holding under such innocent holder. After the entering and issuing of a certificate of title by the recorder on the decree

of registration under the original application, any subsequent registration which

is procured by the presentation of a forged duplicate certificate, or of a forged

deed or other instrument, shall be void.  In case of the loss or theft of an owner's duplicate certificate, notice shall be

sent by the owner, or by a person in his behalf, to the recorder of the county in

which the land lies, as soon as the loss or theft is discovered.

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

At a glance

  • Citation: Ohio Revised Code § 5309.44
  • 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 § 5309.44?

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 § 5309.44 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 § 5309.44 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.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.