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OTS 3.1

Prepared by the Real Property Law Section of the Ohio State Bar Association
 
  

3.1 CONVEYANCES-ACKNOWLEDGMENTS

Problem A:

A deed is executed outside of Ohio without an attached certificate showing authority of the notary public. Should objection be made to the title?

Standard A:

No.

(Effective November 1, 1952)

Problem B:

Should an objection be raised because a deed bears the signature of only two witnesses and has certificates of acknowledgments in more than one county of the state?

Standard B:

Yes. Proof should be required that the two witnesses were present at the execution in each County.

(Effective May 21, 1953)

Problem C:

Is a deed defective because the seal of the officer taking the acknowledgment is omitted or because his term of office has expired?

Standard C:

No.

(Effective May 21, 1953)

Problem D:

Should a certificate of acknowledgment be deemed sufficient where the acknowledger is described but not named as (a) "John Doe and his wife" or (b) "personally came the above named grantors"?

Standard D:

Yes.

(Effective May 19, 1955)

Problem E:

Should omission of venue from a certificate of acknowledgment render a title unmarketable?

Standard E:

Omission of venue from the certificate does not render the title unmarketable when the authority of the certifying officer can be established by other records.

(Effective as amended November 21, 1964; originally effective May 19, 1955)

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