Ohio Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any later claim; it gives the buyer the strongest title protection and is the opposite of a quit-claim deed, which guarantees nothing.

2. 2

   Ohio codifies a statutory general warranty deed. The operative words grant, with general warranty covenants (Ohio Revised Code Section 5302.05) carry the four covenants defined in Section 5302.06: the grantor is lawfully seized in fee simple, the premises are free from all encumbrances, the grantor has good right to sell and convey, and the grantor does warrant and will defend the title against the lawful claims and demands of all persons.

3. 3

   Ohio also codifies a limited (special) warranty deed. Under Section 5302.07 and Section 5302.08 the words grant, with limited warranty covenants defend the title only against claims by, through, or under the grantor, but against none other, so it covers defects created during the grantor's own ownership.

4. 4

   You record the signed deed with the county recorder of the county where the property is located (Section 5301.25(A)). An unrecorded deed is fraudulent as against a later good-faith purchaser without knowledge, so record promptly to protect your interest.

5. 5

   Ohio has an extra step: before the recorder can record, the deed must go to the county auditor, who takes the statement of value (form DTE 100), collects the conveyance fee, and endorses the deed transferred (Sections 319.202, 319.20, and 317.22).

6. 6

   The grantor's signature must be acknowledged before a notary (or a judge, clerk of a court of record, county auditor, county engineer, or mayor) before the deed can be recorded (Section 5301.01(A)). Ohio does not require subscribing witnesses for a deed executed on or after February 1, 2002.

7. 7

   Ohio charges a mandatory conveyance fee of 1 dollar or 10 cents for each 100 dollars of value, whichever is greater (Section 319.54(G)(3)), and a county may add its own transfer tax up to 30 cents per 100 dollars (Section 322.02(A)). Ohio also retains dower, so a non-owner spouse usually signs to release dower rights (Section 2103.02).

Ohio Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Ohio codifies a statutory general warranty deed (Ohio Revised Code Section 5302.05), and Section 5302.06 defines the general warranty covenants: the grantor is lawfully seized in fee simple, the premises are free from all encumbrances, the grantor has good right to sell and convey, and the grantor does warrant and will defend the title against the lawful claims and demands of all persons. This is the strongest title protection.

• General vs Limited Warranty Deed

  Ohio codifies three deed tiers. The general warranty deed (Section 5302.05 and Section 5302.06) defends against all persons, including defects predating the grantor. The limited (special) warranty deed (Section 5302.07 and Section 5302.08) uses the words grant, with limited warranty covenants and defends only against claims by, through, or under the grantor, but against none other. The quit-claim deed (Section 5302.11) conveys without covenants of any kind.

• Record with the County Recorder

  Record the signed, notarized deed with the county recorder of the county in which the premises are situated (Ohio Revised Code Section 5301.25(A)). Until it is recorded, the deed is fraudulent insofar as it relates to a subsequent good-faith purchaser who has no knowledge of it, so record promptly to protect your interest.

• Auditor Transfer Before Recording

  Ohio requires a two-office sequence. Before the recorder may record, the deed must go to the county auditor, who receives the statement of value (form DTE 100), collects the conveyance fee, transfers the parcel on the tax list, and endorses the deed transferred or transfer not necessary (Sections 319.202, 319.20, and 317.22). The recorder cannot record the deed until that auditor endorsement is present.

• Notary Acknowledgment, No Witnesses

  The grantor must sign the deed, and the signature must be acknowledged before a notary public (or a judge, clerk of a court of record, county auditor, county engineer, or mayor) before the deed can be recorded (Ohio Revised Code Section 5301.01(A)). Ohio does not require subscribing witnesses for a deed executed on or after February 1, 2002, so a proper notarial acknowledgment is the recording path.

• Conveyance Fee and Statement of Value

  Ohio charges a mandatory conveyance fee of 1 dollar or 10 cents for each 100 dollars of value, whichever is greater (Section 319.54(G)(3)), and a county may add a permissive real property transfer tax up to 30 cents per 100 dollars (Section 322.02(A)). The grantee files a statement of value (form DTE 100, or DTE 100EX to claim an exemption) with the auditor before the deed is endorsed (Section 319.202).

• Legal Description and Parties

  Identify the grantor and grantee, state the grantee tax-mailing address, give the prior instrument reference (Volume and Page), state the consideration, and include the full legal description of the property (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current deed of record.

• Spousal Dower Release

  Ohio retains an inchoate dower interest: a spouse who has not relinquished it is endowed of a life estate in one third of the real property the other spouse owned during the marriage (Ohio Revised Code Section 2103.02). Because dower can survive a conveyance made during the marriage, the statutory warranty deed form includes a dower-release line, so the non-owner spouse commonly signs to release dower. Confirm how title is held before signing to avoid a defective transfer.