Ohio Code § 5309.81

Ohio Code § 5309.81. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5309.81.

In all suits and proceedings in any of the courts of this state in which any estate

or interest in, or lien or charge upon registered land is in any way involved or affected,

or any registered land is to be sold, or the title otherwise transferred, all persons

shown by the registered certificate of title to have any interest in the subject matter

of the suit or proceeding, and all other persons known or appearing to have an interest,

shall be made parties and brought before the court and shall be bound by the orders,

judgments, and decrees of the court in the same manner and to the same extent as in

the initial registration of title to land as provided in sections 5309.02 to 5310.21, inclusive, of the Revised Code .  The residence and post-office address of any party in interest as shown by the certificate

of title, or memorials, or memorandums indorsed thereon in the office of the county

recorder, unless known by the plaintiff or party required to cause notice to be given

to be incorrect, may be regarded as the correct residence and address of such party

in interest and service made accordingly whether he resides within or without the

state.  In any matter or proceeding before the recorder in relation to registered land,

or any interest in, or lien or charge upon such land, when notice is required to be

or may be given, such residence and address, in the absence of knowledge to the contrary,

may be regarded as correct and service made accordingly.  In all such suits and proceedings in any court of the state or matters or proceedings

before a recorder relating to registered land, or any interest in, or lien or charge

upon such land, service of summons or notice may be made on any party in interest

by the clerk of such court or recorder by mailing to such party such summons or notice

in a registered letter with a five days' return card thereon, directed to his post-office

address as shown by the registered certificate of title, or if not so shown, to his

known post-office address.  If said letter is not returned by the postal authorities to the officer mailing

it, such service is deemed to have been made.  If said letter is so returned, upon the filing of an affidavit of the plaintiff,

or other party required to give notice, or his attorney, that he does not know and

after diligent research has been unable to learn of any other residence and address

of such party in interest than those stated in the registered certificate of title,

or that he has been unable to learn the residence and address of any person in interest

whose name, residence, and address is not so shown by the registered certificate of

title, if such person in interest is shown by the registered certificate or is known

to be a resident of this state, summons as provided in civil actions shall be issued

for him to the sheriff of the county of his residence as so shown or known, and if

returned “not found,” such person and also such like person not so shown or known

to reside in the state, may be served by publication as in other cases, or as in original

registration, as one whose residence is unknown.  Unknown heirs and devisees, and all other unknown persons, whether in being or not,

under the designation of “whom it may concern” may be made parties and served by publication

as in original registration or as in other civil cases, and all such persons so made

parties and so served shall be bound by the judgment or decree with no right to question

such judgment or decree except upon appeal, or for fraud of the successful party in

procuring such judgment or decree to be asserted only against persons not bona fide

purchasers or encumbrancers, or persons holding under them, by suit to be brought

within one year from the entry of such judgment or decree.

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

At a glance

  • Citation: Ohio Revised Code § 5309.81
  • 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 § 5309.81 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 § 5309.81 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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