Form over Substance-Old and New Recording Rules to Remember

I. “The Old” (2009; but often overlooked Section 317.114 of the Ohio Revised Code) sets forth the following requirements for recorded real estate documents:


A) Computer font size of at least ten point (except Notary stamps, seals and signatures);


B) Maximum paper size: 8 ½ x 14; Minimum paper size: 8 ½ x 11;


C) Margins of 1 inch on each side of the page and on bottom;


D) 3 inch margin on the top of the first page, reserved for recorder, auditor and engineer;1 ½ margin on the top of each of the remaining pages;


E) Black or blue ink only.If a document does not conform to these requirements, counties in Ohio must still accept same for recording, however, additional recording fees of $20/document will be due.


Exempt from the Statute: (i) any document from any court or taxing authority; (ii) Plats; (iii) Military Service Form DD214; (iv) any state or federal document; and (v) any document executed before July 1, 2009.

II. “The New”-FOR CUYAHOGA COUNTY-

Effective April 2, 2012, any checks for recording fees for documents to be recorded in Cuyahoga County must be made out to: “Cuyahoga County Fiscal Officer”. Checks made out to “Cuyahoga County Recorder” (after April 1, 2012) will no longer be accepted. (Cuyahoga County residents and others may recall that the position of “Cuyahoga County Recorder” no longer exists-the previous functions of said office are now within the office of the Cuyahoga County Fiscal Officer).

III. “The Postscript”

There are still many recording procedure differences among Ohio counties. Accordingly, it is advised to contact the applicable County prior to filing documents for recording there. To find a particular County’s website, log on to www.OhioRecorders.com .

3 comments :

house and lot bulacan said...

It is my honor and privileged to found and read your post. It made me learn a lot of different ideas. Keep up the good work.

louise

real estate course said...

You’ve written nice post, I am gonna bookmark this page, thanks for info. I actually appreciate your own position and I will be sure to come back here.

Roger Rill said...

Re letter "E", in this post spotlighting nonconforming documents, please note ORC 317.114 was further amended on December 28, 2009.

Section B(2) now states that certain nonconforming documents are no longer subject to the additional $20 recording fees. Among others, these include signatures, initials, and notary stamps/seals.

Best,

Roger Rill, President
Ohio Society of Notaries