Comments

What’s on their Minds: The Adequacy of Notice in a Foreclosure Sale. PHH Mortgage v. Prater. — 3 Comments

  1. One interesting point is that an amicus brief was filed by several of Ohio’s legal aid groups in support of PHH. Notice of a sale cuts both ways. And even if PHH and its counsel are sophisticated enough to find the sale information online, many of Ohio’s lower income population, i.e. those who face foreclosure, would have a far more difficult time finding the information.

    I’m curious how notice of the sale was provided to the homeowner. If PHH did not receive notice of the sale, how could it have complied with R.C. 2329.26? That provision requires the foreclosing party to provide notice of the sale to the judgment debtor.

    • Andy,
      I agree that the Legal Aid amici supporting the mortgage holder in this case made for strange bedfellows, but they clearly agree, albeit from very different perspectives, on the notice issue raised here. While there weren’t a lot of questions on this, I have no doubt that the Court has concerns about the effect of web notification on defaulting homeowners who are unsophisticated about computers.
      I don’t know the answer to how notice was given to Mr. Prater in this case.

      Prof. M. Bettman

  2. This post is really packed with useful information that people can use in their finances. I will surely recommend this to my clients. Good job!