O.R.C. Document Requirement Checklist

The Brown County Recorder is required by law to record all documents submitted by the public which are qualified to be recorded. An instrument which fails to meet any of the following conditions, as defined by the Ohio Revised Code, may be rejected for recordation at the time of presentation.

General Recording Requirements

Fees:

Fees shall be paid upon the presentation of the instruments for recording. (O.R.C. 317.32) Fees are to be collected unless there is a specific section of code stating that no fee is to be collected. The Recorder is not authorized to waiver fees for any reason.

Standardization:

All documents must conform to the Ohio document standards law or are subject to an additional recording fee of $20.00. (O.R.C. 317.143)

Original Document:

Documents must be originals with original signatures. (O.R.C. 317.112, 317.14, & 317.15)

Legibility:

Documents must be legible and/or reproducible. (O.R.C. 317.112)

Signatures - Legibility:

Documents affecting real property (must have legible signatures); if not, name must be printed or typed (if executed in Ohio). (O.R.C. 317.11)

Personal Information:

Personal Information must not be included in document presented for recording. (O.R.C. 317.082)

Per O.R.C. 149.45 – “Personal information” means any of the following:

(a) An individual’s social security number;

(b) An individual’s federal tax identification number;

(d) An individual’s checking account number, savings account number, or credit card number.

Preparation Statement:

“Instrument prepared by ….” Statement must appear on documents affecting real property (if executed in Ohio). (O.R.C. 317.111)

Prior Document References:

Volume/Page of Original Document references are required on Amendments, Assignments, Cancellations, Completions, Encumbrances, Modifications, and Satisfactions. (O.R.C. 5301.11 and O.R.C. 5301.32)

Names:

Name(s) of the buyer(s) and seller(s) must be listed in the document for deeds, mortgages, land contract, leases, and/or memorandum of trust. (O.R.C. 5301.01)

Signatures:

The instrument affecting real property must contain an acknowledged signature(s) of the seller(s). (O.R.C. 5301.01)

Legal Description:

Documents affecting real property must have a legal description of the property affected. (O.R.C. 5301.01)

Auditor/Tax Map Stamps:

Conveyance documents must have Tax Map’s approval for transfer stamp and the Auditor’s transfer or endorsement stamp. (O.R.C. 317.22)

Notary Acknowledgement:

Documents affecting real property must be acknowledged by a notary who provides a notary signature, seal, statement, and notary expiration date. (O.R.C. 5301.01 and O.R.C. 147.04)

Electronic documents:

(A) As used in this section, "electronic document," "electronic seal," "electronic signature," and "online notarization" have the same meanings as in section 147.60 of the Revised Code.

(B)(1) An electronic document that is signed in the physical presence of the notary public with an electronic signature and notarized with an electronic seal shall be considered an original document.

(2) Notwithstanding any other provision of the Revised Code to the contrary, a digital copy of a document executed electronically by the parties and acknowledged or sworn before a notary acting pursuant to this section shall be accepted by county auditors, engineers, and recorders for purposes of approval, transfer, and recording to the same extent as any other document that is submitted by an electronic recording method and shall not be rejected solely by reason of containing electronic signatures or an electronic notarization, including an online notarization.

(3) A county auditor, engineer, and recorder shall accept a printed document that was executed electronically for purposes of approval, transfer, and recording if that document contains an attached certificate in the following, or a substantially similar, format:

"AUTHENTICATOR CERTIFICATE

I certify and warrant that the foregoing and annexed paper document being presented for record, to which this certification is attached, represents a true, exact, complete, and unaltered copy of the original electronic document. The county offices of the auditor, treasurer, recorder, and others necessary to effectuate the transfer and recording of the instrument shall be entitled to rely on such certification and warranty for all purposes.

________________________[signature of authenticator]

________________________[printed name of authenticator]

________________________[street address of authenticator]

________________________[city, state, zip code of - authenticator]

________________________[telephone number of - authenticator]

State of ____________________)

) :ss

County of ___________________)

The foregoing authenticator certificate was subscribed and sworn to in my presence by _________________________ [printed name of authenticator] on this ____ day of ________, 20___

_______________________

Notary Public"

(C) Any notary public may obtain an electronic seal and an electronic signature for the purposes of notarizing documents under this section.

(D) A notary public shall comply with the provisions of section 147.66 of the Revised Code pertaining to the electronic seal and electronic signature.