Ohio Supreme Court to Hear Oral Arguments Regarding Adequacy of “Website...
By Brad Hughes On May 23, the Ohio Supreme Court will hear oral arguments in an appeal by PHH Mortgage Corporation that concerns whether a sheriff’s website can provide constitutionally sufficient...
View ArticleOhio Supreme Court Frowns On Constructive Notice Via Website Of Sheriff’s Sale
On May 17, 2012, this blog reported on the oral arguments in PHH Mortgage v. Prater, a case from Clermont County, Ohio regarding the extent to which an internet website may (or may not) be...
View ArticleOhio Supreme Court Foreclosure Decision
By Matthew Moberg On Halloween, the Supreme Court of Ohio issued a ruling that should scare lenders who do not do their own due diligence before filing a foreclosure action, particularly with respect...
View ArticleDoes your construction mortgage really protect you from mechanic’s liens?
By Porter Wright If you are a lender/mortgagee and your borrower/mortgagor is adding more real property collateral to the mortgage (in Ohio), how do you retain your first priority position in all...
View ArticleOhio Supreme Court Confirms That A Foreclosure Plaintiff May Submit Proof Of...
By Jason Gerken and Porter Wright In what most pundits agreed would be a swift reversal, the Ohio Supreme Court did in fact unanimously reverse the Ninth District Court of Appeals in Wells Fargo Bank,...
View ArticleOhio Revised Code §1301.401 – A Powerful Tool for Lenders with a Defective...
By Walter Reynolds and Tami Hart Kirby For years, it was generally accepted that mortgage creditors and bankruptcy trustees could assert the status of a bona fide purchaser and treat a defectively...
View ArticleFederal Reserve Expresses Openness to Relaxation of HVCRE Regulations on...
By Steven Hoying Last year, as noted by this blog, the FDIC, OCC, and Federal Reserve imposed harsher capital requirements on certain “high volatility commercial real estate,” or HVCRE, exposures, in...
View ArticleSixth Circuit Underscores Importance Of Moving For A Stay After Entry Of...
By Jason Gerken and Porter Wright On September 9, 2016, the United States Court of Appeals for the Sixth Circuit issued a decision that parties in foreclosure proceedings should read carefully. In...
View ArticleThe Ohio Legislature Creates an Alternative to the Judicial Foreclosure...
By Tami Hart Kirby The D.O.L.L.A.R. Deed Program for Ohio (the “Program”) was created following the passage of Substitute House Bill 303, and went into effect on September 28, 2016 in order to provide...
View ArticleOhio Amends the Good Funds Law Effective on September 29, 2017
By Tami Hart Kirby The Good Funds Law went into effect on April 6, 2017 amending Section 1349.21 of the Ohio Revised Code to require stricter controls for all residential real estate transactions...
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