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New Legislation Regarding Witness Requirements In 2002, legislation was adopted by the Ohio Legislature that eliminated the need for witnesses on real estate documents. House Bill 279 Effective February 1, 2002, HB 279 eliminates the requirement that Deeds, Mortgages, Land Contracts, Leases, and Memoranda of Leases of Real Property Interests, Memoranda of Trust, certain recordable Powers of Attorney and other recordable instruments pertaining to real property be signed and attested to in the presence of witnesses. Proper notary acknowledgements are, however, still in effect. Additionally, per this bill, any instrument filed prior to the February 1, 2002 date will not be deemed invalid if there is only one witness or none as so stated in the bill, Sec. 5301.012 (B) (1) (a). A copy of the full text of this legislation can be obtained by clicking here. |
