Section 317.13 - [Effective 10/24/2024] Duties of recorder(A) Except as otherwise provided in division (B) of this section, the county recorder shall record in the official records, in legible handwriting, typewriting, or printing, or by any authorized photographic or electronic process, all deeds, mortgages, plats, or other instruments of writing that are required or authorized by the Revised Code to be recorded and that are presented to the county recorder for that purpose. The county recorder shall record the instruments in regular succession, according to the priority of presentation, and shall enter the file number at the beginning of the record. On the record of each instrument, the county recorder shall record the date and precise time the instrument was presented for record. All records made, prior to July 28, 1949, by means authorized by this section or by section 9.01 of the Revised Code shall be deemed properly made.(B)(1) The county recorder may refuse to record an instrument of writing presented for recording if the instrument is not required or authorized by the Revised Code to be recorded or the county recorder has reasonable cause to believe the instrument is materially false or fraudulent.(2) The county recorder shall refuse to record a right-to-list home sale agreement described in division (B) of section 5301.94 of the Revised Code.Division (B) of this section does not create a duty upon a recorder to inspect, evaluate, or investigate an instrument of writing, including a right-to-list home sale agreement, that is presented for recording.
(C) If a person presents an instrument of writing to the county recorder for recording and the county recorder, pursuant to division (B) of this section, refuses to record the instrument, the person has a cause of action for an order from the court of common pleas in the county that the county recorder serves, to require the county recorder to record the instrument. If the court determines that the instrument is required or authorized by the Revised Code to be recorded, is not materially false or fraudulent, and is not a right-to-list home sale agreement, it shall order the county recorder to record the instrument.(D) The county recorder shall keep confidential information that is subject to a real property confidentiality notice under section 111.431 of the Revised Code, in accordance with that section. A copy of the real property confidentiality notice shall accompany subsequent recordings of the property, unless the program participant's certification has been canceled under section 111.431 or 111.45 of the Revised Code.(E)(1) Not later than June 30, 2026, each county recorder, county auditor, and county engineer shall make available to the public a method for electronically recording instruments related to conveyances of real property that adheres to the standards governing conveyances of real property adopted by a county in accordance with section 319.203 of the Revised Code.(2) Not later than June 30, 2026, a county recorder shall make available to the public a method for electronically recording instruments, other than those related to conveyances of real property, specified in division (A) or (D) of section 317.08 of the Revised Code, except division (A)(24) of that section.(3) Divisions (E)(1) and (2) of this section do not apply to instruments specifically exempt from recording under either of the following:(a) The standards governing conveyances of real property adopted by a county in accordance with section 319.203 of the Revised Code; or(b) The minimum standards for boundary surveys promulgated by the board of registration for professional engineers and surveyors pursuant to Chapter 4733. of the Revised Code.(F) Not later than June 30, 2026, a county recorder shall make available to the public on the county recorder's web site electronic indexes for, and electronic versions of, all instruments recorded on or after January 1, 1980, except veteran discharge papers recorded under section 317.24 of the Revised Code or any instrument or portion thereof prohibited from being disclosed under federal or state law. A county recorder may require a username and password to access the electronic indexes and instruments, but may not require a fee to create a username and password or to otherwise access the electronic indexes and instruments.Amended by 135th General Assembly,SB 94,§1, eff. 10/24/2024.Amended by 135th General Assembly File No. TBD, HB 33,§101.01, eff. 10/3/2023.Amended by 134th General Assembly File No. TBD, HB 93,§1, eff. 4/29/2022.Amended by 130th General Assembly File No. 41, HB 72,§1, eff. 1/30/2014.Effective Date: 11-06-1996 .This section is set out more than once due to postponed, multiple, or conflicting amendments.