Ohio Code § 5309.52

Ohio Code § 5309.52. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5309.52.

When any registered mortgage, encumbrance, lien, charge, or lesser estate, vested,

contingent, expectant, or inchoate, is satisfied, released, extinguished, or terminated,

in any manner in whole or in part, the mortgagee, encumbrancer, assignee, owner of

lesser estate, or his legal representative, holder of lien, or other person authorized

to discharge or release such encumbrance, shall forthwith file with the county recorder

or deliver to the encumberer or owner such satisfaction, release, or discharge, in

whole or in part.  The recorder shall enter such satisfaction, release, or discharge upon the registered

certificate of title, upon the original instrument on file or the margin of the record

thereof, if recorded, and properly note such cancellation in all the indexes of such

mortgage, encumbrance, lien, or charge.  If an original instrument, or one of the original duplicates thereof, or a mortgagee's

certified copy, indorsed by the recorder, is outstanding in the hands of the encumbrancer

or his assigns, no entry or memorial of satisfaction of such instrument shall, except

upon notice and a hearing, be made by the recorder without the production of said

original instrument or original duplicate or mortgagee's certified copy.  If the encumbrancer, owner of a lesser estate or his legal representative, or other

person, fails to file such satisfaction or release with the recorder or deliver it

to the encumberer, or if such satisfaction or release has been delivered to the encumberer

or transferor and become lost or destroyed or from any other cause cannot be produced,

then the encumberer, transferor, or other person entitled to such discharge or release

may present proof of the same before the recorder, ten days' notice having been given

to the person holding the security or lesser estate or to his personal and legal representatives

and all persons in interest as shown by the records, or as known.  When the recorder is convinced that such mortgage, encumbrance, or other charge

has been satisfied, or that said lesser estate has been extinguished or terminated

as claimed, he shall enter such satisfaction, release, extinguishment, or termination

on the instrument on file with him or the record thereof, if recorded, and indorse

the same upon the registered and also on the owner's duplicate certificate of title;

 or application in such cases may be made to the probate court or the court of common

pleas by petition and the court upon notice and hearing shall make such order as is

appropriate and the recorder shall act in accordance therewith, and the entry of such

discharge, satisfaction, release, extinguishment, or termination by the recorder pursuant

to his finding or the order of the court, subject to proceedings on appeal, is conclusive

evidence thereof.

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

At a glance

  • Citation: Ohio Revised Code § 5309.52
  • 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 § 5309.52?

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 § 5309.52 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 § 5309.52 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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