Whenever a sheriff or other officer seizes or levies upon any registered land by virtue of an execution, order of attachment, or other writ issued to him from a county other than the county in which the land is situated, such sheriff shall forthwith file with the county recorder a certified copy of the writ, and the things such sheriff has done under such writ, and the return made by him as such sheriff thereon, which return shall show the exact time when the seizure or levy was made. The sheriff shall indorse on said writ, and as a part of his return, “land seized (levied upon or attached) is registered land,” and that he filed such copy with the recorder, giving the exact time of filing. Upon the receipt of the copy of such writ and return, the recorder shall forthwith file and make notation of the same and enter a memorial thereof upon the appropriate folium of the register containing the last registered certificate of title for such land, with the exact time of filing. Until such required certified copy of the writ and return is filed with the recorder and noted by him on the last registered certificate of title for such land, the land is not bound by such seizure or levy or any lien obtained thereby.

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Terms Used In Ohio Code 5309.56

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Certificate of title: includes all memorials and notations noted under a certificate of title. See Ohio Code 5309.01
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Registered land: means any land registered under this chapter and Chapter 5310 of the Revised Code. See Ohio Code 5309.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.