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Foreclosures in Ohio After Schwartzwald
by Robert Franco  | 2012/12/31
On October 31, 2012, the Ohio Supreme Court decided Federal Home Loan Mortgage Corporation v. Schwartzwald, finally answering the question: Can the lack of standing or a real party in interest defect in a foreclosure be cured by the assignment of the mortgage prior to judgment? Until Schwartzwald, there was a split on this issue among the courts of appeal. According to the Ohio Supreme Court, "a lack of standing at the outset of litigation cannot be cured by receipt of an assignment of the claim or by substitution of the real party in interest." What does this mean for the many foreclosures that have not followed this rule of law and what do title examiners need to look for when reviewing foreclosures in the chain of title?
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Categories: Abstractors, Foreclosures, Title Industry, Title Problems
Source of Title Blog :: :: |
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NAILTA's 5th Annual Conference
by Robert Franco | 2012/08/16
The National Association of Independent Land Title Agents is having their 5th Annual Conference in Baltimore, MD, on September 30 - October 2, 2012. If you are an independent agent, who has been impacted by affiliated business arrangements, you have probably asked yourself "why isn't somebody doing anything about this?" Well, "somebody" is - NAILTA and several other state associations of independent title agents have been formed to represent people like you. If you want to know more, go to the NAILTA conference and get involved.
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Categories: Land Title Associations, Small Agents, Title Industry
Source of Title Blog :: :: |
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