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In Ohio, a borrower obtains a mortgage loan and wants the mortgage to be enforceable against third parties. To achieve this, the borrower should ensure the mortgage is:

Correct Answer

D) Acknowledged before a notary public and recorded with the county recorder

Under Ohio law (ORC §5301.01 and §5301.25), a mortgage must be acknowledged before a notary public and recorded with the county recorder in the county where the property is located. Recording provides constructive notice to third parties, making the mortgage enforceable against subsequent purchasers and lien holders.

Answer Options
A
Signed by two witnesses and kept in a safe deposit box
B
Approved by the Ohio Division of Real Estate
C
Filed with the Ohio Secretary of State
D
Acknowledged before a notary public and recorded with the county recorder

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Related Topics & Key Terms

Key Terms:

recordingnotaryconstructive_noticeenforceability

Related Concepts

A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.

Usury is the practice of charging an interest rate that exceeds the maximum rate permitted by state law. Usury laws protect borrowers from excessive interest charges on loans.

A VA loan is a mortgage guaranteed by the Department of Veterans Affairs available to eligible veterans, active-duty service members, and surviving spouses. It offers no down payment and no private mortgage insurance requirements.

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