Ohio Code 5302.12 – Mortgage form
A mortgage in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301 of the Revised Code, has the force and effect of a mortgage to the use of the mortgagee and the mortgagee’s heirs, assigns, and successors, with mortgage covenants and upon the statutory condition, as defined in sections 5302.13 and 5302.14 of the Revised Code, to secure the payment of the money or the performance of any obligation specified in the mortgage. The parties may insert in the mortgage any other lawful agreement or condition.
Terms Used In Ohio Code 5302.12
- Dower: A widow
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
“MORTGAGE
________________________, ____________________ (marital status), of ________________ (current mailing address), for __________ Dollars paid, grant(s), with mortgage covenants, to ____________, of __________________ (current mailing address), the following real property:
(Description of land or interest in land and encumbrances, reservations, and exceptions, if any.)
(A reference to the last recorded instrument through which the mortgagor claims title. The omission of the reference shall not affect the validity of the mortgage.)
This mortgage is given, upon the statutory condition, to secure the payment of _________________ dollars with interest as provided in a note of the same date.
“Statutory condition” is defined in section 5302.14 of the Revised Code and provides generally that, if the mortgagor pays the principal and interest secured by this mortgage, performs the other obligations secured by this mortgage and the conditions of any prior mortgage, pays all the taxes and assessments, maintains insurance against fire and other hazards, and does not commit or suffer waste, then this mortgage shall be void.
___________________, wife (husband) of the mortgagor, releases to the mortgagee all rights of dower in the described real property.
Executed this _______________ day of ________________
_______________________________
(Signature of Mortgagor)
(Execution in accordance with Chapter 5301 of the Revised Code)”