Ohio Trust Certificates Law

Trusts – Trust Certificates – Ohio

TITLE 53 REAL PROPERTY CHAPTER 5301: CONVEYANCES; ENCUMBRANCES

Recording of memorandum of trust.

Text of Statute

(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 settlor and trustee of the trust, attested by witnesses, and acknowledged by the settlor and trustee of the trust in accordance with section 5301.01 of the Revised Code.
(2) The memorandum shall state all of the following:

(a) The names and addresses of the settlor and 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 section 317.32 of the Revised Code, a county recorder shall record the memorandum of trust as follows:

(1) Unless division (D)(2) of this section applies, in the record of deeds described in division (A) of section 317.08 of the Revised Code, if the memorandum of trust describes specific real property, or in the record of powers of attorney described in division (C) of that section, if the memorandum of trust does not describe specific real property;
(2) If the county recorder records instruments in accordance with division (F) of section 317.08 of the Revised Code, in the official records described in that division. Title 53, Chap. 5301, ยง5301.255


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