Ohio § 2113.45 Mortgaged premises to be considered personal assets - possession

Ohio Statutes

§ 2113.45 — Mortgaged premises to be considered personal assets - possession

Ohio § 2113.45

Title 21Courts-Probate-Juvenile

Ch. 2113Executors And Administrators - Appointment; Powers; Duties

This text of Ohio § 2113.45 (Mortgaged premises to be considered personal assets - possession) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2113.45 (2026).

Text

When a mortgagee of real property, or an  assignee of the mortgagee, dies without foreclosing the mortgage,  the mortgaged premises and the debts secured by the mortgage shall  be considered personal assets in the possession or under the  control of the executor or administrator of the estate of the  mortgagee or assignee, and shall be administered and accounted for  as such.

If the mortgagee or assignee did not obtain possession of the  mortgaged premises in the mortgagee's or assignee's lifetime, the  executor or administrator of the estate of the deceased mortgagee  or assignee may take possession of the premises by open and  peaceable entry or by action, as the deceased might have done if  living.

Free access — add to your briefcase to read the full text and ask questions with AI

When a mortgagee of real property, or an assignee of the mortgagee, dies without foreclosing the mortgage, the mortgaged premises and the debts secured by the mortgage shall be considered personal assets in the possession or under the control of the executor or administrator of the estate of the mortgagee or assignee, and shall be administered and accounted for as such.

If the mortgagee or assignee did not obtain possession of the mortgaged premises in the mortgagee's or assignee's lifetime, the executor or administrator of the estate of the deceased mortgagee or assignee may take possession of the premises by open and peaceable entry or by action, as the deceased might have done if living.