Ohio Code 4733.305 – Lien release affidavit
(A) When a claim underlying a lien established pursuant to section 4733.301 of the Revised Code is satisfied, regardless of whether or not the professional engineer or professional surveyor holding the lien recorded a written release pursuant to section 4733.304 of the Revised Code, or when such a lien is extinguished pursuant to section 4733.303 of the Revised Code, any person with an interest in the commercial real estate that was the subject of the lien, or named in the affidavit recorded pursuant to section 4733.302 of the Revised Code, may record an affidavit stating that the underlying claim was satisfied or that the lien was released by operation of law in the county recorder’s office of the county in which the commercial real estate is located.
Terms Used In Ohio Code 4733.305
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Professional engineer: means a person registered as a professional engineer under this chapter. See Ohio Code 4733.01
- Professional surveyor: means a person who is registered as a professional surveyor under this chapter. See Ohio Code 4733.01
(B) The county recorder shall record the affidavit and charge and collect from the person filing the affidavit the fees set forth in section 317.32 of the Revised Code for the recorder’s services.
(C) The fact that a claim underlying a lien is satisfied or that a lien is extinguished by operation of law does not affect any other right or appropriate action, such as for breach of contract.
Last updated July 14, 2021 at 12:52 PM