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;
(c) An individual’s driver’s license number or state 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)