Matt Moberg

Matt is the leader of Porter Wright’s Real Estate Practice Group in addition to practicing in the areas of commercial lending, title insurance, creditors’ rights, and general corporate and business law.

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Constructively charged with having retroactive actual notice when challenging an improperly recorded defective mortgage…wait, what?

By Matt Moberg on February 17, 2015 Categories: Commercial Law, Real Estate

“Great cases…make bad law” declared Supreme Court Justice Oliver Wendell Holmes Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. One of the most oft-quoted phrases any aspiring lawyer will hear in law school, this maxim stands for the proposition that decisions in cases of great importance from a public or … Continue Reading

Ohio Supreme Court to Address Issues Arising in Schwartzwald’s Wake

By Matt Moberg on April 25, 2014 Categories: Collection and Foreclosure

As all professionals whose business involves the prosecution of foreclosures in Ohio almost certainly know by now, the Ohio Supreme Court’s decision in Fed. Home Loan Mortg. Corp. v. Schwartzwald1 provided that the foreclosing plaintiff must have standing to bring the action at the time the plaintiff files the complaint. Typically this requires the claimant … Continue Reading

The Mystery of Mineral Rights: A Lesson for Lenders

By Matt Moberg on March 15, 2013 Categories: Ohio Law, Real Estate

By now, you have probably heard about some of the changes in title policies and title searches caused by the recent oil and gas activity in Ohio. Title insurers also recently added to their policies a standard exception for any “lease, grant, exception or reservation of minerals or mineral rights.” Essentially, this language means that … Continue Reading

Ohio Supreme Court Foreclosure Decision

By Matt Moberg on November 15, 2012 Categories: Real Estate

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 to loans pooled into mortgage-backed securities, or that have otherwise been assigned one or more times from the originator of the loan. The Court, in … Continue Reading