SB 101: Regards recording of certain real property documents - Ohio

As Passed by the House → As Enrolled · 5 edits · Mar 17, 2026

MODERATE

This bill updates Ohio's recording laws to require liens to include the debtor's last known address and mandates that memoranda of trust be recorded when real property is involved. It also introduces new restrictions prohibiting certain long-term service contracts related to residential real estate from being recorded or enforced against property owners.

Scope change

The bill expands the types of documents that must be recorded by county recorders and adds specific prohibitions on recording certain service agreements tied to residential real estate.

REQUIREMENT

New requirement for liens filed with county recorders to include the last known address of the debtor, without needing further investigation to find it.

New mandate requiring memoranda of trust or other qualifying instruments concerning real property to be recorded.

New provisions prohibiting the recording of unfair service agreements that run with the land, allow assignment without consent, or create liens on residential real estate.

Updated the list of instruments that county recorders must record to explicitly include memoranda of trust and new categories of liens and covenants.

ENFORCEMENT

New civil actions allowing property owners to sue and obtain damages if an unfair service agreement is recorded in violation of the new rules.

As Passed by the Senate → As Passed by the House · 5 edits · Feb 25, 2026

MODERATE

The House version significantly expanded the bill's scope by adding new sections to amend the recording of various instruments (like deeds and mortgages) and enacting four entirely new sections prohibiting unfair long-term service agreements for residential real estate. It also updated interest rates for unpaid unemployment contributions and clarified the recording requirements for memoranda of trust.

Scope change

The bill now applies to a much wider range of recorded documents, including specific environmental covenants and personal property transfers, and introduces new consumer protection laws against unfair service contracts for home maintenance and real estate.

SCOPE

Added requirements to record a wide variety of new instruments, including environmental covenants, personal property transfers, and specific types of easements.

REQUIREMENT

Enacted four new sections that ban service providers from entering into unfair, long-term contracts for residential real estate maintenance and prohibit recording such contracts.

Updated the requirements for memoranda of trust to be recorded either with a description of specific property or as a general instrument depending on the content.

TIMELINE

Changed the interest rate schedule for unpaid unemployment contributions, setting a new rate of 14% for debts owed before 2026 and up to 15% for debts owed after 2026.

DEFINITION

Added specific definitions for 'consumer,' 'service provider,' and 'unfair service agreement' to clarify the new consumer protection provisions.

As Introduced → As Passed by the Senate · 5 edits · Mar 26, 2025

MODERATE

This bill updates several Ohio Revised Code sections to modernize lien requirements and clarify enforcement procedures. The primary changes include mandating that liens include a physical address (not just a P.O. Box), updating interest rates for unpaid unemployment contributions, and refining how tax liens are filed and enforced against property.

Scope change

The bill expands the scope of lien enforcement by requiring specific address details on all liens and clarifies the priority of tax liens over other claims in certain scenarios.

REQUIREMENT

Lien filings for child support and other debts must now include the debtor's last known physical address, explicitly excluding P.O. Boxes, to improve the ability of creditors to locate property.

New requirements were added for recording memoranda of trust for real property, ensuring that trusts conveying property are properly recorded to provide public notice.

TIMELINE

Interest rates for unpaid unemployment insurance contributions were updated, with rates set at 10% for debts due before 1993 and 14% compounded monthly for debts due on or after January 1, 1993.

ENFORCEMENT

Procedures for filing tax liens were clarified to include specific steps for notifying employers and defining when liens become valid against new property acquired after the initial filing.

DEFINITION

The definition of valid conveyance was updated to clarify that trusts can be treated as the grantor if a memorandum of trust is properly recorded.

Regards recording of certain real property documents

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