Detailed Answer
Under Ohio law, verifying every individual with an interest in real property requires collecting and reviewing specific records to confirm ownership, liens, spousal rights and other encumbrances. Title professionals and attorneys follow these steps to ensure clear title.
1. Title Search and Chain of Title
- Obtain the current recorded deed from the county recorder’s office. Verify grantor and grantee names and legal description. See ORC 5302.06.
- Compile a chain of title going back the statutory period (often 40 years or as required by lender guidelines). Confirm no gaps, conveyance defects or unidentified parties.
- Review title commitments or abstracts that list exceptions and endorsements.
2. Spousal and Domestic Relations Documentation
- In Ohio, a married owner generally must have a spousal joinder on the deed to release dower or statutory rights. See ORC 5301.252.
- Obtain decree of dissolution or divorce if the property was divided or awarded to one spouse.
- Check for any separation agreements that reserve an interest in the property.
3. Probate and Heirship Documentation
- If an owner died, gather the death certificate and letters testamentary or letters of administration from probate court.
- Use an affidavit of heirship to identify heirs when no will was probated. See ORC 319.23.
- Obtain an order of distribution if the probate court handled the estate.
4. Entity and Trust Documentation
- For corporate owners, request a certificate of good standing and corporate resolution authorizing conveyance.
- For LLCs, obtain articles of organization and an operating agreement or certified resolution.
- For trusts, collect a trust agreement and a certificate of trustee showing the trustee’s power to convey.
5. Encumbrances and Liens
- Perform searches for mortgages, judgment liens and tax liens at the county recorder and the county clerk of courts. See ORC 5301.31.
- Review recorded easements, restrictive covenants and rights-of-way that may affect title.
- Obtain a current survey if boundaries or improvements may implicate adverse possession or encroachments.
Disclaimer: This article provides general information on Ohio real property procedures and does not constitute legal advice. Consult a licensed attorney or title professional for advice on your specific situation.
Helpful Hints
- Start with the county recorder’s online portal to pull deeds and liens.
- Compare legal descriptions across documents to spot discrepancies.
- Check for unrecorded interests like leases or rights-of-first-refusal.
- Use a title insurance commitment to flag title defects early.
- Keep certified copies of all probate and entity documents in your work file.