On September 27, 2018, by a vote of 5-2, the Supreme Court of Ohio dismissed Wells Fargo Bank, N.A. v. Burd, 2018-Ohio-3891 as improvidently accepted. Sitting for Justice O’Donnell on the case was Judge Robin N. Piper III of the Twelfth District Court of Appeals. Sitting for Justice DeGenaro was Judge Charles Miller of the
Property
What’s On Their Minds: Does Failure to Hold Timely Face-to-Face Meeting with Delinquent Borrower Bar Mortgage Foreclosure Action? Wells Fargo Bank, N.A. v. A. Christopher M. Burd f.k.a. Christopher M. Burd et al.
Update: On September 27 2018, the Supreme Court of Ohio dismissed this appeal as improvidently accepted. Read more about that here.
“It seems so messy to be fighting about whether a mediation in a prior iteration of the complaint counts.”
Justice DeWine to counsel for Wells Fargo
“Where does it clearly say that you can’t…
Oral Argument Preview: Does Failure to Hold Timely Face-to-Face Meeting with Delinquent Borrower Bar Mortgage Foreclosure Action? Wells Fargo Bank, N.A. v. A. Christopher M. Burd f.k.a. Christopher M. Burd et al.
Update: On September 27 2018, the Supreme Court of Ohio dismissed this appeal as improvidently accepted. Read more about that here.
Read an analysis of the oral argument here.
On April 24, 2018, the Supreme Court of Ohio will hear oral argument in Wells Fargo Bank, N.A. v. A. Christopher M. Burd f.k.a. Christopher M. …
Merit Decision: No Public Hiking or Biking Yet. Court Finds Material Disputed Facts on Adverse Possession Claims. Koprivec v. Rails-to-Trails of Wayne Cty.
By Marianna Bettman on
Update: On March 25, 2020, the Bilinoviches and Rails-to-Trails settled their claims against each other. The claims of the Koprivecs and the Koontzes are still pending.
“If a licensee is on the property of the title holder performing acts that would ordinarily require the permission of the owner, the exclusivity of the adverse-possession claimant would…
What’s On Their Minds: Do Activities of Licensees Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.
By Marianna Bettman on
Update: On February 7, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On May 16, 2017, the Supreme Court of Ohio heard oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County, 2016-0704. This case was accepted on jurisdictional appeal…
Oral Argument Preview: Do Activities of Licensee Utilities Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.
By Marianna Bettman on
Update: On February 7, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County…
Oral Argument Preview: Do Activities of Licensee Utilities Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.
By Marianna Bettman on
Update: On February 7, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County…
Merit Decision: Standing in Foreclosure Cases, Revisited. Deutsche Bank Natl. Trust Co. v. Holden.
By Marianna Bettman on
On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in Deutsche Bank Natl. Trust Co. v. Holden, 2016-Ohio-4603. In a unanimous opinion written by Justice O’Donnell, in which Justice French concurred in judgment only, the court held that Deutsche Bank had standing to pursue the foreclosure action in this…
Merit Decision: No Immunity for Park for Injury to Recreational User from Rock Thrown by Mower. Combs v. Ohio Dept. of Natural Resources, Div. of Parks & Recreation
By Marianna Bettman on
Update: On June 22, 2017, the parties gave notice that this case has been settled. Combs received $70,000.
On April 19, 2016, the Supreme Court of Ohio handed down a merit decision in Combs v. Ohio Dept. of Natural Resources, Div. of Parks & Recreation, 2016-Ohio-1565. In a splintered 4-3 opinion written by…
Merit Decision: Defectively-Executed Recorded Mortgage Provides Constructive Notice to the World. In Re Messer.
By Marianna Bettman on
On February 16, 2016, the Supreme Court of Ohio handed down a merit decision in In re Messer, 2016-Ohio-510. This case involved the following two questions certified from bankruptcy court:
- whether R.C. 1301.401 applies to all recorded mortgages in Ohio, and
- whether R.C. 1301.401 acts to provide constructive notice to the world of a
…