News & Articles

Tenants by Entireties

by: Adrienne M. Henning When taking title to real property in Indiana, the avenue with the most protection is when a husband and wife take title as tenants by the entireties.  The concept of tenants by the entireties originated in common law where a husband and wife were considered one person.  In Indiana, the concept … Read more

Indiana Land Contract Update By: Joel F. Bornkamp, Esq.

Land Contracts Generally             A land contract is traditionally defined as a conditional real property sale agreement. Black’s Law Dictionary 320 (Bryan A. Garner ed., West 1999).  This agreement generally occurs when a buyer buys a property, but obtaining title is conditioned upon paying the entire purchase price plus any other interest and charges, as … Read more

Ch. 7 Trustees in Ohio Can Avoid Defective Mortgages…Again

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

Indiana Court of Appeals Finds Breach of Contract claim was a disguised, time barred FCRA claim. By, Christopher Arlinghaus

The Court of Appeals of Indiana recently decided an interesting case involving breach of contract claims under the Fair Credit Reporting Act (FCRA) against a bank.            In Shah v. Wells Fargo Bank, N.A., 092518 INCA No. 18A-MF629, Paresh and Shobhana Shah borrowed $500,000.00 from TCF National Bank, secured by a real estate mortgage.  Ultimately, the … Read more

New Ohio Laws

Two new Ohio laws will have an impact in mortgage servicing in the Buckeye State.  Our Lead Ohio foreclosure attorney, Carrie Davis, has put together the following summary which outlines the changes to the Ohio Private selling Officer (PSO) rules (HB 480), as well as the new registration requirement for Mortgage Servicers (HB 489). HB … Read more

Land Installment Contracts

Ohio Land Installment Contracts-Ohio Revised Code 5313 By: Yanfang Marilyn Ramirez, Esq. In Ohio, land installment contracts for residential properties are governed by Chapter 5313 of the Ohio Revised Code.  A land installment contract is “an executory agreement which by its terms is not required to be fully performed by one or more of the parties … Read more

JUDICIAL ESTOPPEL DEFENSE FOILS CLASS CERTIFICATION

Putative FDCPA claims are often brought as “one-off” proceedings, especially when the consumer’s goal is debt relief and an award of attorney fees to counsel who obtains it for him. But the most serious claims are those in which a consumer seeks something more: the certification of a class pursuant to Fed. R. Civ. P. … Read more

What is the proper way to transfer property held in a trust in Ohio?

By Thomas M. Drinan In Ohio real property is transferred via a deed. To successfully convey property from a seller to a buyer there are a number of formal requirements. Arguably, the most important requirement is the participation of two or more parties, a grantor and a grantee. Both must be either a person or … Read more

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