In re Messer

Ohio Supreme Court

In re Messer

23 N.E.3d 1194, 141 Ohio St. 3d 1452

CourtOhio Supreme Court

DecidedJanuary 28, 2015

Docket2014-2036

StatusPublished

This text of 23 N.E.3d 1194 (In re Messer) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Messer, 23 N.E.3d 1194, 141 Ohio St. 3d 1452 (Ohio 2015).

Pincite

Opinion

Certified Question of State Law, United States Bankruptcy Court, Southern District of Ohio, Eastern Division, No. 13-57467, Adversary Proceeding No. 13-02448. On review of preliminary memorandum pursuant to S.Ct.Prac.R. 9.05. The court will answer the following questions:

“1. Does O.R.C § 1301.401 apply to all recorded mortgages in Ohio?

2. Does O.R.C. § 1301.401 act to provide constructive notice to the world of a recorded mortgage that was deficiently executed under O.R.C. § 5301.01?”

Petitioner shall file its merit brief within 40 days and the parties shall otherwise proceed in accordance with S.Ct.Prac.R. 16.02 through 16.04 and S.Ct.Prac.R. 9.07.

O’Donnell and Kennedy, JJ., would answer only the first question.

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