Good question, Ed. This is a law contained in ORC 317.32. There is no discretion in charging the fee and for marginal entries the fee is $8.00, for marginal notations it is $4.00.

ORC 317.32 RECORDING FEES

 The county recorder shall charge and collect the following fees, to include base fees for the recorder's services and housing trust fund fees, collected pursuant to section 317.36 of the Revised Code:

...

   (C) For manual or typewritten recording of assignment or satisfaction of mortgage or lease or any other marginal entry, a base fee of four dollars and a housing trust fund fee of four dollars;

   (D) For entering any marginal reference by separate recorded instrument, a base fee of two dollars and a housing trust fund fee of two dollars for each marginal reference set out in that instrument, in addition to the fees set forth in division (A) of this section;

...

The problem is that some counties no longer make marginal notations. They feel it is unnecessary or they are unable to make them since switching to new computer indexing and imaging. Yet, some still charge the fee. I have no problem with the fee when they actually make the marginal notation, but I question the logic of charging the fee when they don't.

Best,
Robert A. Franco
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