Ohio Revised Code

Ohio Rev. Code § 5723.13 (2026)

Action on validity of title

✓ current as of May 2026
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Whenever real property in this state is sold under sections 5721.01 to 5721.28, inclusive, or 5723.01 to 5723.19, inclusive, of the Revised Code, no action shall be commenced, nor shall any defense be set up to question the validity of the title of the purchasers at such sale for any irregularity, informality, or omission in the proceedings relative to the foreclosure, forfeiture, or sale, unless such action is commenced or defense set up within one year after the deed to such property is filed for record.

Notes of Decisions
Cited in 5 cases, 1962–2019 · leading case: Weir v. Gillespie, 498 N.E.2d 177 (Ohio Ct. App. 1985).
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Weir v. Gillespie, 498 N.E.2d 177 (Ohio Ct. App. 1985). · cites it 8× “Defendants rely on the limitation of R.C. 5723.13 as barring the state from bringing this action.”
West v. Bode, 2019 Ohio 4092 (Ohio Ct. App. 2019). “18 MO 0017 – 17 – {¶50} The royalty holders respond by pointing out the 1944 auditor’s deed provided Nova Christman a title whose validity could not be questioned once a year passed, citing R.C. 5723.13 (“no action shall be commenced, nor shall any defense be set up to question…”
Davet v. Sheehan, 2014 Ohio 5694 (Ohio Ct. App. 2014). “Appellant also filed his complaint beyond the one-year statutory limitation found in R.C. 5723.13. Finally, appellant’s trespass claim failed because he did not have actual or constructive possession of the property.”
Davet v. Parks, 2013 Ohio 31 (Ohio Ct. App. 2013). · cites it 6× “Davet also filed his complaint beyond the one-year statutory limitation found in R.C. 5723.13. Finally, Davet’s trespass claim failed because he did not have actual or constructive possession of the property.”
Hunter v. Grier, 173 Ohio St. 158 (Ohio 1962). · cites it 4× “Probably, to insure the sale of the property for an adequate amount, Section 5762-1, General Code, now Section 5723.13, Revised Code, was enacted, effective in 1943, and read: “In all cases wherein real property in this state is or has been sold under and by virtue of the…”
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