Ohio Certificate of Trust by Individual
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.
(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, §5301.255