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Ohio Revised Code

Ohio Rev. Code § 4505.04 (2026)

Certificate of title as evidence of ownership - harm to leased motor vehicle

✓ current as of May 2026
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Effective:
October 31, 2001
Latest Legislation:
Senate Bill 59 - 124th General Assembly
PDF:
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(A) No person acquiring a motor vehicle from its owner, whether the owner is a manufacturer, importer, dealer, or any other person, shall acquire any right, title, claim, or interest in or to the motor vehicle until there is issued to the person a certificate of title to the motor vehicle, or there is delivered to the person a manufacturer's or importer's certificate for it, or a certificate of title to it is assigned as authorized by section 4505.032 of the Revised Code; and no waiver or estoppel operates in favor of such person against a person having possession of the certificate of title to, or manufacturer's or importer's certificate for, the motor vehicle, for a valuable consideration.

(B) Subject to division (C) of this section, no court shall recognize the right, title, claim, or interest of any person in or to any motor vehicle sold or disposed of, or mortgaged or encumbered, unless evidenced:

(1) By a certificate of title, an assignment of a certificate of title made under section 4505.032 of the Revised Code, a manufacturer's or importer's certificate, or a certified receipt of title cancellation to an exported motor vehicle issued in accordance with sections 4505.01 to 4505.21 of the Revised Code;

(2) By admission in the pleadings or stipulation of the parties;

(3) In an action by a secured party to enforce a security interest perfected under Chapter 1309. of the Revised Code in accordance with division (A) of section 4505.13 of the Revised Code, by an instrument showing a valid security interest.

(C)(1) As used in division (C) of this section:

(a) "Harm" means damage or other loss.

(b) "Lease agreement" includes a sublease agreement as defined in division (C)(1)(d) of this section.

(c) "Lessee" includes a sublessee under a sublease agreement, but only if the sublessee is a motor vehicle leasing dealer licensed under Chapter 4517. of the Revised Code.

(d) "Sublease agreement" means a lease of a motor vehicle between a motor vehicle leasing dealer licensed under Chapter 4517. of the Revised Code and a second such duly licensed motor vehicle leasing dealer.

(e) "Tort action" means a civil action for damages for harm to a motor vehicle, other than a civil action for damages for a breach of contract or another agreement between persons.

(2) Notwithstanding divisions (A) and (B) of this section, if a motor vehicle that is the subject of a lease agreement sustains harm during the term of that agreement and if all of the following conditions are satisfied, the lessee may commence a tort action in the lessee's own name to recover damages for the harm from the person allegedly responsible for it:

(a) The lessee shall file with and attach to the complaint in the tort action a copy of the lease agreement pursuant to which the lessee is responsible for damage to the motor vehicle, for purposes of establishing the ownership of the motor vehicle and the interest of the lessee in it.

(b) The harm to the motor vehicle shall be such that, under the lease agreement, the lessee bringing the action is legally responsible for the repair of the harm.

(c) The lessee shall cause a copy of the complaint in the tort action to be served upon the owner of the motor vehicle and upon any other lessee of the vehicle in accordance with the Rules of Civil Procedure.
Notes of Decisions
Cited in 128 cases (10 in the last 5 years), 1953–2026 · leading case: Saturn of Kings Automall, Inc. v. Mike Albert Leasing, Inc., 751 N.E.2d 1019 (Ohio 2001).
Sort: Relevance Newest Treatment
Saturn of Kings Automall, Inc. v. Mike Albert Leasing, Inc., 751 N.E.2d 1019 (Ohio 2001). · cites it 17× “The trial court held that R.C. 4505.04 was applicable to this matter.”
In Re Ward, 300 B.R. 692 (Bankr. S.D. Ohio 2003). · cites it 36× “The Trustee argues that under the Ohio Certificate of Motor Vehicle Title Law, specifically Ohio Rev.Code § 4505.04 (Anderson 2003), and Ohio case law interpreting that statute, all legal and equitable ownership interests in the vehicle are determined solely by the certificate…”
In Re Amos, 201 B.R. 184 (Bankr. N.D. Ohio 1996). · cites it 27× “Ohio Rev.Code Ann. § 4505.04 (Anderson 1993).”
In Re Caddarette, 362 B.R. 829 (Bankr. N.D. Ohio 2006). · cites it 29× “In doing so, the Court relied on O.R.C. § 4505.04 which, in relevant part, provides that: (A) No person acquiring a motor vehicle from its owner, whether the owner is a manufacturer, importer, dealer, or any other person, shall acquire any right, title, claim, or interest in or…”
First Merit Bank, N.A. v. Angelini, 823 N.E.2d 485 (Ohio Ct. App. 2004). · cites it 15× “2d 507 , two prior Supreme Court cases involving the interplay between the UCC and the Certificate of Title Act in insurance cases, in the latter of which the court “stated that ‘[i]t is apparent that R.C. 4505.04 is irrelevant to all issues of ownership, except those regarding…”
Drown v. Hill (In Re Phillips), 437 B.R. 836 (Bankr. S.D. Ohio 2010). · cites it 33× “, specifically Ohio Rev.Code § 4505.04, and Ohio case law interpreting that statute, all legal and equitable ownership interest in the vehicle are determined solely by the certificate of title.”
In Re Toland, 346 B.R. 444 (Bankr. N.D. Ohio 2006). · cites it 11× “O.R.C. § 4505.04. As a certificate of title state, Ohio law generally proscribes a court from recognizing the interest of any person in or to any motor vehicle unless it is evidenced by a certificate of title.”
State v. Rhodes, 442 N.E.2d 1299 (Ohio 1982). · cites it 6× “Appellant contends that in a prosecution for theft of a motor vehicle, R.C. 4505.04 provides the exclusive method by which ownership of that vehicle may be proved.”
Allan Nott Enter., Inc. v. Nicholas Starr Auto, L.L.C., 851 N.E.2d 479 (Ohio 2006). · cites it 7× “44, which contains the “voidable title” doctrine applied by the court of appeals, to R.C. 4505.04 and 4505.17 of Ohio’s Certificate of Motor Vehicle Title Act.”
Smith v. Nationwide Mut. Ins., 524 N.E.2d 507 (Ohio 1988). · cites it 5× “2-401, provides: “Unless otherwise explicitly agreed, title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of…”
Calderone v. Jim's Body Shop, 599 N.E.2d 848 (Ohio Ct. App. 1991). · cites it 12× “Calderone’s evidence, Jim’s orally moved for dismissal on the grounds that Calderone had failed to prove ownership of the car, pursuant to R.C. 4505.04, which Jim’s claimed was an essential element of the claims.”
In Re Gunder, 8 B.R. 390 (Bankr. S.D. Ohio 1980). · cites it 5× “Section 4505.04 of the Ohio Revised Code provides: “No person acquiring a motor vehicle from the owner thereof, whether such owner is manufacturer, importer, dealer, or otherwise, shall acquire any right, title, claim, or interest in or to said motor vehicle until such person…”
Show all 128 citing cases →
— Ohio Rev. Code § 4505.04(2) — 1 case
Evans v. Graham, 594 N.E.2d 71 (Ohio Ct. App. 1991).
— Ohio Rev. Code § 4505.04(A) — 17 cases
Saturn of Kings Automall, Inc. v. Mike Albert Leasing, Inc., 751 N.E.2d 1019 (Ohio 2001). “The trial court held that R.C. 4505.04 was applicable to this matter.”
First Merit Bank, N.A. v. Angelini, 823 N.E.2d 485 (Ohio Ct. App. 2004). “2d 507 , two prior Supreme Court cases involving the interplay between the UCC and the Certificate of Title Act in insurance cases, in the latter of which the court “stated that ‘[i]t is apparent that R.C. 4505.04 is irrelevant to all issues of ownership, except those regarding…”
In Re Ward, 300 B.R. 692 (Bankr. S.D. Ohio 2003). “The Trustee argues that under the Ohio Certificate of Motor Vehicle Title Law, specifically Ohio Rev.Code § 4505.04 (Anderson 2003), and Ohio case law interpreting that statute, all legal and equitable ownership interests in the vehicle are determined solely by the certificate…”
In Re Caddarette, 362 B.R. 829 (Bankr. N.D. Ohio 2006). “In doing so, the Court relied on O.R.C. § 4505.04 which, in relevant part, provides that: (A) No person acquiring a motor vehicle from its owner, whether the owner is a manufacturer, importer, dealer, or any other person, shall acquire any right, title, claim, or interest in or…”
Heartland Bank v. Nat'l City Bank, 869 N.E.2d 746 (Ohio Ct. App. 2007).
— Ohio Rev. Code § 4505.04(B) — 11 cases
Calderone v. Jim's Body Shop, 599 N.E.2d 848 (Ohio Ct. App. 1991). “Calderone’s evidence, Jim’s orally moved for dismissal on the grounds that Calderone had failed to prove ownership of the car, pursuant to R.C. 4505.04, which Jim’s claimed was an essential element of the claims.”
Leslie v. Lacy, 91 F. Supp. 2d 1182 (S.D. Ohio 2000).
Donahue v. McKee, 2022 Ohio 1037 (Ohio Ct. App. 2022).
Djurich v. Lahood, 584 N.E.2d 35 (Ohio Ct. App. 1990).
Fordeley v. Fordeley, 2023 Ohio 261 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 4505.04(B)(1) — 3 cases
Nolen v. Stand. Oil Co., 580 N.E.2d 49 (Ohio Ct. App. 1989).
State v. Plata, 2014 Ohio 449 (Ohio Ct. App. 2014).
Bennett v. Montgomery Cty. Clerk of Court, 2015 Ohio 4108 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 4505.04(B)(2) — 3 cases
Morris v. Erieway, Inc., 638 N.E.2d 142 (Ohio Ct. App. 1994).
Djurich v. Lahood, 584 N.E.2d 35 (Ohio Ct. App. 1990).
Bennett v. Montgomery Cty. Clerk of Court, 2015 Ohio 4108 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 4505.04(C) — 1 case
In Re Ward, 300 B.R. 692 (Bankr. S.D. Ohio 2003). “The Trustee argues that under the Ohio Certificate of Motor Vehicle Title Law, specifically Ohio Rev.Code § 4505.04 (Anderson 2003), and Ohio case law interpreting that statute, all legal and equitable ownership interests in the vehicle are determined solely by the certificate…”
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