Ohio Revised Code Section 5301.071 provides that the validity of instruments filed for record is not affected by reason of certain matters such as dower not being specifically released, the
absence of a notary seal, the acknowledgment being on a separate sheet of paper or the failure of certain fiduciaries who sign or acknowledge an instrument to indicate their representative capacity.
Pursuant to SB 117, which was signed into law by Governor Kasich on December 21, 2011, with an effective date of March 22, 2012, ORC 5301.071 was amended to add paragraph (E) reciting that an instrument is not defective by reason of the grantor or grantee of an instrument being a Trust as opposed to a Trustee. However, for such an instrument to be valid, there are certain
- The Trust must have been in existence at the time the instrument was executed; and
- A Memorandum of Trust containing the legal description of the property is recorded in the County where the land is situated.
The information contained in this advisory is summary and is not intended to constitute legal advice on specific matters or create an attorney-client relationship and should not be used to replace the advice of legal counsel.