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    Standing for Foreclosure Plaintiffs and Trustees
    2019-07-15

    “Standing” is a legal term that relates to whether a specific plaintiff holds a right to bring a lawsuit against specific defendants. Standing does not involve factual issues in foreclosure actions, such as the amount in default. Instead, it involves whether the specific entity acting as plaintiff in the lawsuit holds the legal right and authority to sue a particular defendant or defendants.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Manley Deas Kochalski LLC, Ohio Supreme Court
    Authors:
    Matthew J. Richardson , Alan S. Kaufman
    Location:
    USA
    Firm:
    Manley Deas Kochalski LLC
    A Tale of Two Fishers: Unsettling Ohio’s ‘Well-Settled Law’ on the Proper Statute of Limitations for Mortgage Foreclosure Actions
    2018-11-27
    • A bankruptcy court in Ohio recently applied the incorrect statute of limitations in a mortgage foreclosure action.
    • Ohio’s statute of limitations jurisprudence has evolved from an accepted legal proposition derived from one opinion to supposedly well-settled law stating the complete opposite in another opinion.
    • Federal courts interpreting Ohio law must apply the correct statute of limitations to mortgage foreclosure actions.

    In the bankruptcy case of In re Fisher, 584 B.R. 185, 199–200 (N.D. Ohio Bankr.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Foreclosure, United States bankruptcy court, Ohio Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Ohio Public Law Update - February 2017
    2017-02-16

    Downtown Redevelopment Districts

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Public, Real Estate, Shipping & Transport, Tax, Squire Patton Boggs, Ohio Supreme Court
    Authors:
    Pamela I. Hanover , D. Bruce Gabriel , Robert D. Labes , John S. Larson , L. Todd Gibson , Ryan K. Callender , Richard D. Manoloff , Alex Shumate , Michael L. Sharb
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Ohio Supreme Court Holds Foreclosure Standing Requires Rights to Note and Mortgage, Including Post-Bankruptcy Discharge
    2016-07-18

    The Supreme Court of Ohio recently held that, when debt on promissory note secured by mortgage has been discharged in bankruptcy, the holder of the note may not pursue collection against the maker of note, but the mortgagee has standing to foreclose on the collateral property, and can use the amounts due on the note as evidence to establish that it may collect from the forced sale of the property.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Collateral (finance), Debt, Mortgage loan, Foreclosure, Standing (law), Refinancing, Bankruptcy discharge, Ohio Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Ohio Supreme Court rules on Ohio's Liquidation Act and payment of interest
    2010-10-07

    Full text of the Court's opinion

    In a 7-0 decision, the Ohio Supreme Court in Hudson v. Petrosurance, Inc., Slip Opinion No. 2010-Ohio-4505, held that the Ohio's Liquidation Act does not authorize the Superintendent of Insurance to pay interest to an insurer’s creditors and other preferred claimants on allowed claims before paying the funds remaining in the insolvent estate to the insurer's shareholders.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Insurance, Litigation, Bricker & Eckler LLP, Shareholder, Interest, Liquidation, Preferred stock, New York State Insurance Department, Ohio Supreme Court
    Authors:
    Miranda Motter
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Ohio Supreme Court Rules Defectively Executed Mortgage Still Provides Constructive Notice
    2016-03-09

    The Supreme Court of Ohio recently held that a mortgage defectively executed but properly recorded still provides constructive notice of its contents.

    A copy of the opinion is available at:  Link to Opinion.

    The borrowers executed a promissory note and a mortgage.  The notary acknowledgment on the mortgage was left blank.  The mortgage was recorded with the notary section incomplete. The mortgage was later assigned.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Constructive notice, Ohio Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Ohio Public Law Update - February 2017
    2017-02-16

    Downtown Redevelopment Districts

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Public, Real Estate, Shipping & Transport, Tax, Squire Patton Boggs, Ohio Supreme Court
    Authors:
    Pamela I. Hanover , Robert J. Eidnier , D. Bruce Gabriel , Robert D. Labes , John S. Larson , L. Todd Gibson , Ryan K. Callender , Richard D. Manoloff , Alex Shumate , Michael L. Sharb
    Location:
    USA
    Firm:
    Squire Patton Boggs
    A Tale of Two Fishers: Unsettling Ohio’s ‘Well-Settled Law’ on the Proper Statute of Limitations for Mortgage Foreclosure Actions
    2018-11-27
    • A bankruptcy court in Ohio recently applied the incorrect statute of limitations in a mortgage foreclosure action.
    • Ohio’s statute of limitations jurisprudence has evolved from an accepted legal proposition derived from one opinion to supposedly well-settled law stating the complete opposite in another opinion.
    • Federal courts interpreting Ohio law must apply the correct statute of limitations to mortgage foreclosure actions.

    In the bankruptcy case of In re Fisher, 584 B.R. 185, 199–200 (N.D. Ohio Bankr.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Foreclosure, United States bankruptcy court, Ohio Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Ohio Supreme Court Holds Foreclosure Standing Requires Rights to Note and Mortgage, Including Post-Bankruptcy Discharge
    2016-07-18

    The Supreme Court of Ohio recently held that, when debt on promissory note secured by mortgage has been discharged in bankruptcy, the holder of the note may not pursue collection against the maker of note, but the mortgagee has standing to foreclose on the collateral property, and can use the amounts due on the note as evidence to establish that it may collect from the forced sale of the property.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Collateral (finance), Debt, Mortgage loan, Foreclosure, Standing (law), Refinancing, Bankruptcy discharge, Ohio Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Ohio Supreme Court Rules Defectively Executed Mortgage Still Provides Constructive Notice
    2016-03-09

    The Supreme Court of Ohio recently held that a mortgage defectively executed but properly recorded still provides constructive notice of its contents.

    A copy of the opinion is available at:  Link to Opinion.

    The borrowers executed a promissory note and a mortgage.  The notary acknowledgment on the mortgage was left blank.  The mortgage was recorded with the notary section incomplete. The mortgage was later assigned.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Constructive notice, Ohio Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
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