2025 Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties
Section 2113.45 | Mortgaged Premises to Be Considered Personal Assets - Possession.

Universal Citation:
OH Rev Code § 2113.45 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

Effective: January 13, 2012

Latest Legislation: Senate Bill 124 - 129th General Assembly

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.

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