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Legislation would update law on county recorders

TIFFANY L. PARKS
Special to the Legal News

Published: March 20, 2013

Rep. Andrew Brenner says House Bill 72 was crafted to bring the recorder’s offices in Ohio into the 21st century.

“For those of you who do not know what a recorder does, simply put, they are the official record keepers of all land records in each county,” said Brenner, R-Powell.

“Not only do recorders keep copies of land records, such as deeds, plats, mortgages, land contracts and condominium drawings, they also keep copies of surveys, bills of sale, corporation mergers, liens, zoning resolutions and, for our veterans, they are the official record keeper of discharge papers.”

Historically, Brenner said such documents would be kept in seven separate books according to state law.

“Many of the procedures in Ohio Revised Code do not reflect the fact that computers were added, in many cases, over 30 years ago,” he said.

“Under current practices, recorders can receive documents in the mail, through walk-ins and electronically. Today documents are scanned into a computer, the names of the grantors and grantees are, along with other pertinent information, indexed and verified, and each document is given an identification number. Many counties have documents available online for access by the public.”

HB 72, which is jointly sponsored by Rep. Ron Gerberry, D-Canfield, would update terminology in state law to accurately reflect how recorders record and keep data and requires that items that are to be recorded are kept in the county’s general record series rather than in separate sets of records.

“... the Ohio Recorders’ Association has worked hard over the past four years updating the code and making changes which reflect today’s practices,” Brenner said, noting that the majority of the proposal consists of definition updates.

“There are several sections that reference maintaining obsolete books (and) many sections of code refer to him, he or his. This bill removes all gender references.”

While old books will continue to be maintained by recorders, Brenner said offices have moved into scanning documents to create digital images.

“Physical books are no longer the practice,” he said.

Brenner, who noted that both he and Gerberry are former county recorders, said modernizing state law will help current and future recorder’s in fulfilling their duties “by making them more efficient and responsive to public needs.”

The bill has had one hearing before the House State and Local Government Committee.

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