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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Section 2113.45 | Mortgaged premises to be considered personal assets - possession.

Ohio Revised Code
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Title 21 Courts-Probate-Juvenile
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Chapter 2113 Executors And Administrators - Appointment; Powers; Duties
 
Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
PDF:
Download Authenticated PDF
 

When a mortgagee of real property, or an assignee of the mortgagee, dies without foreclosing the mortgage, the mortgaged premises and the debts secured by the mortgage shall be considered personal assets in the possession or under the control of the executor or administrator of the estate of the mortgagee or assignee, and shall be administered and accounted for as such.

If the mortgagee or assignee did not obtain possession of the mortgaged premises in the mortgagee's or assignee's lifetime, the executor or administrator of the estate of the deceased mortgagee or assignee may take possession of the premises by open and peaceable entry or by action, as the deceased might have done if living.

Available Versions of this Section