By Steven Patterson, Esq. In 2013 the Ohio Legislature enacted protections for mortgagees that included constructive notice “to the world” of the existence of a mortgage that was defectively executed. Thus, a trustee was no longer able to avoid a mortgage as a bona fide purchaser. In relevant part, O.R.C. §1301.401(C) provides that “Any … Read more
Founded in 1960 by Sylvan P. Reisenfeld, Reisenfeld & Associates LLC is a full-service creditors’ rights law firm offering end-to-end legal representation to the default servicing industry including: bankruptcy, foreclosure, title, litigation, REO disposition, loss mitigation and evictions. The firm takes pride in providing unparalleled representation in all counties and federal districts in the states of Ohio, Indiana, Kentucky, and West Virginia. Our services are designed to minimize lead-times while maximizing legal sufficiency and business effectiveness.
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A Tale of Two Forums, the Intersection of State Law and Bankruptcy Law Determination of Property Rights
Gregory Stout, Esq. Imagine a scenario where you service a second mortgage involving real property owned by a married couple. The property is jointly owned, and both spouses signed the note and mortgage. The current holder of the mortgage did not originate the loan, but was assigned the mortgage. When the loan went into default, … Read more
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