Alerts

Recent Developments Pertaining to Ohio Tax Foreclosures

September 09, 2014

There have been several recent developments in Ohio concerning Tax Foreclosures. First, on September 2, 2014, the Ohio Supreme Court issued a decision clarifying a lien holder's standing to redeem properties from tax foreclosure, by paying the taxes prior to the confirmation of the sale. Second, Ohio Governor John Kasich signed SB 172 into law, effective September 4, 2014, amending the existing statutes relative to Ohio Tax Foreclosures on abandoned properties; granting broader powers to the County Land Banks and County Boards of Revision. The amendments do not apply to mortgage foreclosures but will affect lienholders when a tax foreclosure on abandoned property is filed....

Borrowers Need to be Made Aware of Mortgage Relief Scams

September 08, 2014

While the media places great emphasis on lawsuits alleging wrongdoing by mortgage lenders against homeowners, less emphasis has been placed on egregious frauds perpetrated against distressed homeowners by supposed providers of mortgage assistance relief services (MARS)....

Understanding Differences in Powers of Attorney

August 08, 2014

A power of attorney (POA) is the "express authority, given by a principal to an agent or attorney, allowing them to perform an action on the behalf of the principal."[1] A general POA can be issued to any agent or attorney, allowing them to act as they see fit, while a special or limited POA only allows for certain actions and situations. Understanding the difference can be critical, when dealing with someone who purports to hold a valid POA....

Beware of Hidden Fees in Health Insurance Contracts

July 07, 2014

On May 14, 2014 the U.S. Sixth Circuit Court of Appeals released a decision that will have immediate impact upon health insurers and employers who have contracts with them. A large health insurance company lost an appeal over a hidden fees complaint by an employer group....

Preserving Your Right to Deficiency after the Repossession and Sale of Collateral

June 26, 2014

Any bank or business that provides financing for the purchase of vehicles or equipment will inevitably be faced with the task of enforcing its rights against the secured collateral. Often, the collateral's value will be insufficient to pay the entire obligation due. The Uniform Commercial Code allows for the recovery of a deficiency balance in the absence of full recovery from a collateral sale. However, the UCC's legal formalities must be observed in order to preserve your right to any deficiency....

The Statute of Frauds and Loss Mitigation: The Requirement for a Signed Writing

March 10, 2014

The Statute of Frauds dates back to 1677, when it was enacted by the Parliament of England as "An Act for Prevention of Frauds and Perjuries." The Act requires that certain kinds of agreements be in writing and signed in order to be enforceable. Contracts for the transfer of interests in land, such as deeds or mortgages, constitute one of the categories of agreements for which such a writing is required. Does an agreement to settle a mortgage foreclosure action require a signed writing in order to be enforceable? This issue arose in an Ohio case decided by the Ohio Supreme Court on March 4, 2014...

57-63 of 164