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
What is the source of Ohio Revised Code § 5309.81?
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.
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.