Category Archives: Property

Merit Decision: Standing in Foreclosure Cases, Revisited. Deutsche Bank Natl. Trust Co. v. Holden.

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 … Continue reading

Posted in Civil Procedure, Merit Decisions, Ohio Supreme Court Watch, Property | Tagged , , , |

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

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 Justice O’Donnell, joined in … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch, Property, Torts | Tagged |

Merit Decision: Defectively-Executed Recorded Mortgage Provides Constructive Notice to the World. In Re Messer.

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, … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch, Property | Tagged , |

What’s On Their Minds: Once Again, Standing in Foreclosure Cases. Note and Mortgage or Note or Mortgage at Time of Filing? Deutsche Bank National Trust Company as Trustee v. Glenn E. Holden et al.

Update: On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Isn’t it a fact that the Bank does have an injury from the property taxes and insurance … Continue reading

Posted in Civil Procedure, Ohio Supreme Court Watch, Property, Student Contributors, What's On Their Minds? | Tagged , , , |

Oral Argument Preview: Once Again, Standing in Foreclosure Cases. Note and Mortgage or Note or Mortgage at Time of Filing? Deutsche Bank National Trust Company as Trustee v. Glenn E. Holden et al.

Update: On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read the analysis of the argument in this case here.

On January 27, 2016, the Supreme … Continue reading

Posted in Ohio Supreme Court Watch, Oral Argument Preview, Property, Student Contributors | Tagged , , , |

In Sharper Focus: Guest Post on the Intersection of Bankruptcy Law and Ohio’s Recording Statutes

On October 14, 2015, the Supreme Court of Ohio heard oral argument in the case of In re: Daren A. Messer, Angela Messer, Debtors Daren Messer & Angela Messer v. JPMorgan Chase Bank, NA, Case Number 2014-2036.  This case … Continue reading

Posted in Guest Posts, In Sharper Focus, Property |

What’s On Their Minds: Does a Recorded but Defectively Executed Mortgage Constitute Constructive Notice of an Encumbrance? In re: Daren A. Messer, Angela Messer, Debtors Daren Messer & Angela Messer v. JPMorgan Chase Bank, NA

Update: On February 16, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

On October 14, 2015, the Supreme Court of Ohio heard oral argument in the case of … Continue reading

Posted in Ohio Supreme Court Watch, Property, Student Contributors, What's On Their Minds? | Tagged |

Oral Argument Preview: Does a Recorded but Defectively Executed Mortgage Constitute Constructive Notice of an Encumbrance? In re: Daren A. Messer, Angela Messer, Debtors Daren Messer & Angela Messer v. JPMorgan Chase Bank, NA

Update: On February 16, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read the analysis of the argument here.

On October 14, 2015, the Supreme Court of … Continue reading

Posted in Ohio Supreme Court Watch, Oral Argument Preview, Property, Student Contributors | Tagged , , |

Court Dismisses As Improvidently Accepted Property-Division Dispute Over Oil and Gas Signing Bonus. Kuhn v. Kuhn.

On July 14, 2015, by a vote of 5-2, the Supreme Court of Ohio sua sponte dismissed as improvidently accepted Kuhn v. Kuhn, 2015-Ohio-2806.  The issue in the case was whether a signing bonus for oil and gas rights … Continue reading

Posted in Family Law, Merit Decisions, Ohio Supreme Court Watch, Property | Tagged , , , |

What’s On Their Minds: Are Oil and Gas Rights Marital or Separate Property In A Divorce? James P. Kuhn v. Kelly L. Kuhn n/k/a Cottle.

Update: On July 14, 2015, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

On May 5, 2015, the Supreme Court of Ohio heard oral argument in the case of James … Continue reading

Posted in Family Law, Property, What's On Their Minds? | Tagged , , |