Ohio Rev. Code § 2117.10 (2026)

Failure of lienholder to present claim

✓ current as of May 2026

Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Effective:

January 13, 2012

Latest Legislation:

Senate Bill 124 - 129th General Assembly

PDF:

Download Authenticated PDF

The failure of the holder of a valid lien upon any of the assets of an estate to present the lienholder's claim upon the indebtedness secured by the lien, as provided in this chapter, shall not affect the lien if the same is evidenced by a document admitted to public record, or is evidenced by actual possession of the real or personal property that is subject to the lien.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1960–2026 · leading case: First Union-Lehman Bros.-Bank of Am. Com. Mtge. Trust v. Pillar Real Est. Advisors, Inc., 2014 Ohio 1105 (Ohio Ct. App. 2014).

Sort: Relevance Newest Treatment

First Union-Lehman Bros.-Bank of Am. Com. Mtge. Trust v. Pillar Real Est. Advisors, Inc., 2014 Ohio 1105 (Ohio Ct. App. 2014). · cites it 8× “First Union also argued that its creditor’s bill constituted a lien against the estate, which was not required to be presented to the fiduciary for the estate, citing R.C. 2117.10. The defendants opposed First Union’s motion.”

Bank of New York Mellon Trust Co, N.A. v. Loudermilk, 2013 Ohio 2296 (Ohio Ct. App. 2013). · cites it 3× “06 and R.C. 2117.10 are the correct statutes that bar appellee’s claim.”

Clark v. Beyoglides, 2021 Ohio 4588 (Ohio Ct. App. 2021). · cites it 2× “6, citing R.C. 2117.10. As a result, Beyoglides argues that he correctly stated in his application for a certificate of transfer that the decedent’s known -25- debts had been paid.”

Adams Cty./Ohio Valley Local Sch. v. OAPSE/AFSCME, Local 572, 2017 Ohio 6929 (Ohio Ct. App. 2017). “Accordingly pursuant to O.R.C. 2117.10, Arbitrator Cohen's October 13, 2015 Arbitrator's Opinion and Award is hereby vacated in its entirety.”

Kuhnle v. Rusmisel, 178 N.E.2d 810 (Ohio Ct. App. 1960). · cites it 8× “Plaintiff claims tbe benefit of tbe exceptions contained in Section 2117.10, Revised Code, to that requirement.”

Deutsche Bank Natl. Trust Co. v. Vigue, 2017 Ohio 7037 (Ohio Ct. App. 2017). “R.C. 2117.10. The mortgage in this case was recorded and would therefore be exempt from R.”

Thevenin v. Day-Air Credit Union, Inc., 2025 Ohio 1488 (Ohio Ct. App. 2025). · cites it 5× “The court -5- reasoned that Day Air had been required to file a claim under R.C. 2117.10 and that its exercise of the self-help remedy of offset (or setoff) was contrary to public policy.”

Weese v. Dalton, 2026 Ohio 537 (Ohio Ct. App. 2026). · cites it 3× “{¶45} Even if one were to accept Judge King’s apparent view that Weese’s judgment that he filed as a lien in Guernsey County before Charles Dalton’s death is (or should have been) a claim against Charles’s estate rather than a claim against the real property that Christina…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.