Banking & Finance Law Report

Tag Archives: Ohio mortgage law

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

“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’s 10th Appellate District Finds Debtor Lacks Standing to Challenge Assignee’s Power to Enforce Loan Documents

In a decision that will hearten commercial lawyers, on April 23, 2013, Ohio’s Court of Appeals for the Tenth Appellate District relied on lack of standing to reject a mortgagor’s attempt to avoid the consequences of his undisputed payment default by accusing the mortgagee, which was the assignee of his note mortgage, of lacking standing … Continue Reading