- 43 -
executed prior to February 1, 2002, the effective date of the
2002 amendment, and was not acknowledged in the presence of, or
was not attested by, two witnesses, but was signed by the grantor
and acknowledged by the grantor before a judge or clerk of a
court of record in Ohio, or a county auditor, county engineer,
notary public, or a mayor, who certified the acknowledgment and
subscribed his or her name to the certificate of the acknowledg-
ment, as required by section 5301.01 of the Ohio Revised Code in
effect in 1999, inter alia, the instrument is deemed executed
properly and is presumed to be valid unless the signature of the
grantor was obtained by fraud. Ohio Rev. Code Ann. sec. 5301.01
(LexisNexis Supp. 2005).
On the record before us, we find that the bill of sale that
Mr. Kaplan executed on behalf of KQC on December 31, 1999, was
not properly executed in accordance with section 5301.01 of the
Ohio Revised Code in effect in 1999 and, as pertinent here, the
2002 amendment. That is because the signing of the bill of sale
by Mr. Kaplan on behalf of KQC was not acknowledged by him on
behalf of KQC before a judge or clerk of a court of record in
Ohio, a county auditor, county engineer, notary public, or mayor,
who certified the acknowledgment and subscribed his or her name
to the certificate of the acknowledgment.
17(...continued)
constitute a deed for purposes of Ohio law. Thus, we shall
proceed on the assumption that such document may constitute a
deed for purposes of Ohio law.
Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 NextLast modified: May 25, 2011