Ohio Code § 5309.51
Ohio Code § 5309.51. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5309.51.
The holder of any mortgage, encumbrance, lease, charge, or lien upon registered land
may execute to a transferee an assignment for the whole or any part of the mortgage,
encumbrance, lease, charge, or lien, by endorsement of the assignment on the original
instrument of encumbrance, the holder's duplicate, the mortgagee's certified copy
of a mortgage, or by a separate instrument acknowledged as required by section 5301.01 of the Revised Code . The assignment of only a part of the mortgage, encumbrance, lease, charge, or lien
shall state whether the part transferred is to be given priority, be deferred, or
rank equally with the remaining part. When that assignment is filed with the county recorder and the assignor produces
the instrument of encumbrance that the assignor holds, if that instrument is the original
instrument or one of the original duplicates of the instrument, and in the case of
a mortgage when the assignor produces the “mortgagee's certified copy,” if that copy
was issued and delivered, the recorder, being satisfied that the assignment is properly
made and should be registered, shall register the assignment by entering a memorial
of the part transferred, the date of transfer, the name, residence, and post-office
address of the transferee, how the part transferred is to rank with the remaining
part, and the file number upon the register in which the instrument creating the charge
is registered, and in case of assignment by separate instrument, upon the original
instrument. The recorder shall endorse on the instrument of assignment the exact time of filing
and the volume and folium of the register in which the assignment is registered. If the original instrument of encumbrance, or one of the duplicates of the instrument,
is recorded, the assignee, on payment of the recorder's fees, may have that assignment
copied on the margin of the record of the instrument assigned, or copied in a separate
volume and noted on the margin of the record of the instrument assigned, if the recorder
keeps any such separate volume for the record of assignments and transfers. The record of that assignment shall be noted on the indexes of the instrument assigned. If the original instrument of encumbrance or one of the original duplicates of the
instrument, endorsed by the recorder, or a mortgagee's certified copy of the mortgage,
is outstanding in the hands of the encumbrancer, lessee, or their assigns, no entry
or memorial of an assignment or transfer of that instrument or security of any part
of the instrument shall be made by the recorder without the production of the original
instrument, or the endorsed original duplicate of the instrument, or the mortgagee's
certified copy. Waivers of the priority of lien of mortgages may be registered subject to the requirements
of this section as to assignments.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5309.51
- 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
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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 § 5309.51 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 § 5309.51 still in force?
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