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

USA - February 17 2015 “Great cases…make bad law” declared Supreme Court Justice Oliver Wendell Holmes Jr. In his dissenting opinion in the Northern Securities antitrust…

Ohio Supreme Court to address issues arising in Schwartzwald’s wake

USA - April 25 2014 As all professionals whose business involves the prosecution of foreclosures in Ohio almost certainly know by now, the Ohio Supreme Court's decision…

The mystery of mineral rights: a lesson for lenders

USA - March 15 2013 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…

Ohio Supreme Court foreclosure decision

USA - November 15 2012 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.

Oil and gas surge impacts title searches and policies of title insurance – part two of a two part series

USA - September 10 2012 As I  touched on in a recent post, the surge in oil and gas exploration and the accompanying concern with mineral rights and interests have created significant challenges for county recorders and title insurance companies across the state.