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OTS 3.18

3.18 UNRECORDED DISCLOSED TRUSTS

Problem A:

Should objection be made to a title dependent upon a disclosed trust not of record?

Standard A:

Yes, unless there is placed of record either (1) excerpts of the operative provisions of the trust agreement, together with an affidavit that it is a true copy of the text in the trust agreement, or (2) a Memorandum of Trust in conformity with the requirements of R.C. 5301.255. (R.C. 5301.01, effective August 10, 1994; R.C. 5301.255, effective, as amended, January 17, 2008)

(Effective as amended May 13, 2009; originally amended May 18, 1995; originally effective November 15, 1986)

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