Ohio § 5301.255 Memorandum of trust recording

Ohio Statutes

§ 5301.255 — Memorandum of trust recording

Ohio § 5301.255

Title 53Real Property

Ch. 5301Conveyances; Encumbrances

This text of Ohio § 5301.255 (Memorandum of trust recording) 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. § 5301.255 (2026).

Text

(A)A memorandum of trust that satisfies both of the following may be presented for recordation in the office of the county recorder of any county in which real property that is subject to the trust is located:

(1)The memorandum shall be executed by the trustee of the trust and acknowledged by the trustee of the trust in accordance with section5301.01of the Revised Code.

(2)The memorandum shall state all of the following:

(a)The name and address of the trustee of the trust;

(b)The date of execution of the trust;

(c)The powers specified in the trust relative to the acquisition, sale, or encumbering of real property by the trustee or the conveyance of real property by the trustee, and any restrictions upon those powers.

(B)A memorandum of trust that satisfies divisions (A)(1) and

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(A) A memorandum of trust that satisfies both of the following may be presented for recordation in the office of the county recorder of any county in which real property that is subject to the trust is located:

(1) The memorandum shall be executed by the trustee of the trust and acknowledged by the trustee of the trust in accordance with section5301.01of the Revised Code.

(2) The memorandum shall state all of the following:

(a) The name and address of the trustee of the trust;

(b) The date of execution of the trust;

(c) The powers specified in the trust relative to the acquisition, sale, or encumbering of real property by the trustee or the conveyance of real property by the trustee, and any restrictions upon those powers.

(B) A memorandum of trust that satisfies divisions (A)(1) and (2) of this section also may set forth the substance or actual text of provisions of the trust that are not described in those divisions.

(C) A memorandum of trust that satisfies divisions (A)(1) and (2) of this section shall constitute notice only of the information contained in it.

(D) Upon the presentation for recordation of a memorandum of trust that satisfies divisions (A)(1) and (2) of this section and the payment of the requisite fee prescribed in section317.32of the Revised Code, a county recorder shall record the memorandum of trust in the official records described in division (A)(17) of section317.08of the Revised Code, if the memorandum of trust describes specific real property, or in the official records described in division (A)(23) of that section, if the memorandum of trust does not describe specific real property.

Last updated February 2, 2022 at 4:02 PM